Question 1

Exhibit 17-1
Accuraphoto USA (AUSA) owns the "Accuraphoto" trademark in the United States. AUSA produces the "SureShot" camera, which is known to consumers as a moderately priced quality product. AUSA entered into a contract with Honshu Photographic, Inc. (HPI), a Japanese corporation. Pursuant to the terms of the contract, HPI was permitted to manufacture and market "SureShot" cameras utilizing the "Accuraphoto" trademark in return for payment of royalties based upon a percentage of HPI's sales. After producing "SureShot" cameras for a short time at its Japanese facility, HPI moved production to its facility in the Philippines in order to reduce labor costs. The cameras produced at the Philippine facility utilized the "Accuraphoto" trademark but were marketed under the name "SharpShot." Additionally, these cameras contained improved electronic features incorporated into the product by HPI engineers. Despite the inclusion of these improvements, "SharpShot" cameras proved to be of inferior quality. Furthermore, "SharpShot" cameras have begun to show up on the shelves of U.S. discount retailers such as K-Mart and Wal-Mart. Additionally, several "SharpShot" cameras have been sent by American consumers to AUSA's American facilities for repair. Finally, HPI has refused to share access with AUSA to the electronic improvements incorporated into the "SharpShot" on the basis that they are confidential proprietary information.
-Refer to Exhibit 17-1.What remedies may AUSA seek against HPI as a result of its conduct? What do these remedies provide?

Accepted Answer

The answer of Exhibit 17-1
Accuraphoto USA (AUSA) owns the "Accuraphoto"...

Question 2

Transfer agreements in Japan and some newly developed countries such as Korea require:

Accepted Answer

Transfer agreements in Japan and some newly developed countries such as Korea require notification to the government. While approval or negotiation may also be required in certain cases, notification is a universal requirement. The government needs to be informed about the transfer of technology or intellectual property to ensure compliance with relevant laws and regulations. However, the other options - approval by the government and negotiation between the foreign licensor and the government - may also apply in certain situations depending on the nature of the transfer and the policies of the country in question. Assurance that the agreement has not been entered into corruptly is also an important consideration, but this is usually dealt with by other regulatory mechanisms such as anti-corruption laws and enforcement agencies.

Question 3

The patent protection treaty that gives a trademark holder in any signatory country a twelve-month period of priority within which to make similar applications in other signatory countries is known as:

Accepted Answer

The patent protection treaty that provides a twelve-month priority period for trademark holders in signatory countries is called the International Convention for the Protection of Industrial Property (also known as the Paris Convention). The Patent Cooperation Treaty (A) is a separate treaty that deals with filing and processing international patent applications. The International Intellectual Property Treaty (C) and the Uniform Copyright Convention (D) are not specific enough to be the correct answer.

Question 4

The greatest protection offered to the holder of intellectual property rights comes from:

Accepted Answer

Local laws provide the greatest protection to holders of intellectual property rights as they differ from country to country and cater to the specific needs of a region or industry. The laws vary in terms of the scope, duration, and type of protection offered to different forms of intellectual property such as patents, trademarks, copyrights, and trade secrets. Therefore, it is crucial for businesses and individuals to understand the applicable laws in their local jurisdictions to safeguard their intellectual property rights. While international treaties such as the Paris Convention, the Patent Cooperation Treaty, and the Uniform Copyright Convention offer some level of protection, their provisions are subject to interpretation and implementation by each member state, and they do not supersede or replace local laws.

Question 5

Assess the relative merits of producing a new product or technology abroad as opposed to domestically.

Accepted Answer

The answer of Assess the relative merits of producing a...

Question 6

When it seems likely that a licensee may develop improvements in the licensed technology,a licensor may wish to include a ____ in the license agreement.

Accepted Answer

A grant back provision allows the licensor to require that any improvements made to the licensed technology by the licensee be granted back to the licensor. This ensures that the licensor retains ownership and control over any improvements that are made.

Question 7

Develop a document that proposes international standards for trademark licensing or use by a subsidiary (or sale to a third party)of copyrighted material.

Accepted Answer

The answer of Develop a document that proposes international standards...

Question 8

The three types of regulatory schemes for transfer agreements that exist include all but which of the following:

Accepted Answer

All of the options given are types of regulatory schemes for transfer agreements. Option D states that all options are regulatory schemes, which is correct. Therefore, D is the correct answer.

Question 9

Compare and contrast the risks of international licensing to a company versus those associated with trading goods.

Accepted Answer

The answer of Compare and contrast the risks of international...

Question 10

The TRIPS Agreement:

Accepted Answer

The TRIPS Agreement became effective on July 1, 1995, and its main objective is to create a more effective international system for the protection of intellectual property rights (IPRs) by setting minimum standards for the protection and enforcement of IPRs. The TRIPS Agreement requires every member of the World Trade Organization (WTO) to abide by the Paris Convention and the Uniform Copyright Convention, which are the two most important international treaties on IPRs. Therefore, all three statements (A, B, and C) are correct.

Question 11

The importation of foreign-made trademarked merchandise into the U.S.for sale in competition with the U.S.trademark owner's own merchandise made in the U.S.is referred to as:

Accepted Answer

Gray marketing refers to the importation of genuine trademarked merchandise into a country where the owner of the trademark has not authorized it. This can create unfair competition with the trademark owner's own merchandise made in the country.

Question 12

The concept of language politics in systems franchise agreements refers to:

Accepted Answer

Language politics in systems franchise agreements refers to a country's requirement for a certain language to be used in conducting business in a specific region. This may include the use of official languages, regional languages, or other languages recognized by the country's government.

Question 13

Exhibit 17-1
Accuraphoto USA (AUSA) owns the "Accuraphoto" trademark in the United States. AUSA produces the "SureShot" camera, which is known to consumers as a moderately priced quality product. AUSA entered into a contract with Honshu Photographic, Inc. (HPI), a Japanese corporation. Pursuant to the terms of the contract, HPI was permitted to manufacture and market "SureShot" cameras utilizing the "Accuraphoto" trademark in return for payment of royalties based upon a percentage of HPI's sales. After producing "SureShot" cameras for a short time at its Japanese facility, HPI moved production to its facility in the Philippines in order to reduce labor costs. The cameras produced at the Philippine facility utilized the "Accuraphoto" trademark but were marketed under the name "SharpShot." Additionally, these cameras contained improved electronic features incorporated into the product by HPI engineers. Despite the inclusion of these improvements, "SharpShot" cameras proved to be of inferior quality. Furthermore, "SharpShot" cameras have begun to show up on the shelves of U.S. discount retailers such as K-Mart and Wal-Mart. Additionally, several "SharpShot" cameras have been sent by American consumers to AUSA's American facilities for repair. Finally, HPI has refused to share access with AUSA to the electronic improvements incorporated into the "SharpShot" on the basis that they are confidential proprietary information.
-Refer to Exhibit 17-1.What terms could AUSA have included in its contract with HPI that could have avoided this legal morass?

Accepted Answer

The answer of Exhibit 17-1
Accuraphoto USA (AUSA) owns the "Accuraphoto"...

Question 14

Intellectual property rights in some countries are not protected because:

Accepted Answer

The protection and enforcement of intellectual property rights vary from country to country. Some countries may not have strong laws to protect intellectual property, while others may not effectively enforce them. Additionally, some countries may prioritize their domestic industries over foreign companies, leading to discriminatory enforcement of intellectual property laws. All of these factors contribute to the lack of protection of intellectual property rights in certain countries.

Question 15

The type of arrangement in which the licensor permits the licensee to sell certain goods under the licensor's trademark or logo is called:

Accepted Answer

A franchise agreement is a type of arrangement in which the franchisor (licensor) permits the franchisee (licensee) to sell certain goods or services under the franchisor's trademark or logo. The franchisee pays a fee for the right to use the franchisor's business model, including its brand name, processes, and systems. This type of arrangement can provide benefits to both the franchisor and franchisee, such as increased brand recognition and a ready-made business model, respectively. Therefore, option C is the correct answer. Option A (Trademark lease agreement) is not a commonly used term, and option B (Shared benefit agreements) does not accurately describe this type of arrangement. Option D is incorrect as it does not provide any information.

Question 16

TRIPS requires every member of the World Trade Organization to:

Accepted Answer

TRIPS (Trade-Related Aspects of Intellectual Property Rights) requires every member of the World Trade Organization to abide by the Paris Convention and the Berne Convention, apply national treatment to foreign owners of intellectual property rights, and provide patent protection for processes. Therefore, the correct answer is E, which includes all of the above options.

Question 17

Compare and contrast TRIPS with IPR in the U.S.or another country (for example,India).

Accepted Answer

The answer of Compare and contrast TRIPS with IPR in...

Question 18

Among the recent legal and technological issues reported in the WIPO magazine available on-line,which do you believe are the most important for the U.S.? Assess their relative importance to other countries.

Accepted Answer

The answer of Among the recent legal and technological issues...

Question 19

Common restrictions imposed on the use of technology include geographic limitations on the licensee's manufacturing and/or marketing activities.These types of restrictions are also known as:

Accepted Answer

Field of use limitations define the specific field or application where the licensee can use the technology. This restricts the licensee from using the technology outside the agreed-upon field or application. This type of restriction is common in technology licensing agreements.

Question 20

Compare and contrast attitudes toward technology transfers in the developed countries,developing countries,and countries strongly influenced by Marxist ideology.

Accepted Answer

The answer of Compare and contrast attitudes toward technology transfers...

Quiz 17: Licensing Agreements and the Protection of Intellectual Property Rights