Question 1

If you are a Westerner and become victim of a miscellaneous law in a foreign country, all you have to do is call your embassy and you'll be released to your government.

Accepted Answer

While embassies can offer assistance to citizens abroad, they do not have the authority to release individuals from custody or override the laws of a foreign country. It is important to understand and respect the laws of the country you are visiting to avoid legal issues.

Question 2

In the United States, punitive damage rulings have no measureable effect on medicine.

Accepted Answer

Punitive damage rulings can have a significant effect on medicine in the United States. Penalties for malpractice can result in increased costs for malpractice insurance, which can lead to higher healthcare costs and reduced access to care. Additionally, high-profile punitive damage awards can lead to public distrust of healthcare providers and reduce patients' willingness to seek medical care.

Question 3

Global trademark protection follows the Office of Harmonization in the Internal Market approach.

Accepted Answer

Global trademark protection does not follow the Office of Harmonization in the Internal Market approach, as this office, now known as the European Union Intellectual Property Office (EUIPO), specifically deals with trademarks within the European Union, not globally. Global trademark protection involves navigating the laws and systems of individual countries or using international systems like the Madrid Protocol.

Question 4

Trademarks can include a shape, a color, or a sound.

Accepted Answer

This is true. In addition to words and logos, trademarks can also be registered for non-traditional elements such as shapes, colors, and sounds.

Question 5

Global standardization of trade-related law is progressing slowly.

Accepted Answer

While there have been efforts to standardize trade-related laws through agreements such as the World Trade Organization (WTO), progress has been slow and there are still many differences in national laws and regulations related to international trade.

Question 6

The EU does not apply its competition policy beyond the EU.

Accepted Answer

The EU's competition policy applies to all economic activities within the EU and may also be applied to activities outside the EU that have an effect on competition within the EU. This is known as the extraterritorial application of competition law.

Question 7

Many smaller and developing nations want to reduce patent protection from the current 15 to 20 years down to 5 years or even 30 months.

Accepted Answer

This statement is true. Many smaller and developing nations have been advocating for reduced patent protection to promote access to essential medicines and technologies at more affordable prices. They argue that the current long patent terms limit competition and lead to monopolies, making it difficult for them to import or produce generic versions of such essential products.

Question 8

The ISO (International Organization for Standardization) is the only international standardizing organization.

Accepted Answer

There are multiple international standardizing organizations, including the International Electrotechnical Commission (IEC) and the International Telecommunication Union (ITU), in addition to the ISO.

Question 9

The United States avoids trade barriers on imports in support of free trade principles.

Accepted Answer

While the United States generally supports free trade principles, it does impose certain trade barriers on imports, such as tariffs and quotas, in order to protect domestic industries and ensure fair competition.

Question 10

In the antitrust area, the United States is concerned with the impact of the business deal on the consumer, whereas the EU focus is on the competitive structure of the marketplace, so it pays attention to rivals.

Accepted Answer

This is true. The US and EU have different approaches to antitrust. The US tends to focus on consumer welfare and whether a business deal will harm competition and lead to higher prices for consumers. On the other hand, the EU focuses on maintaining a competitive market structure and preventing dominant players from abusing their power to harm rivals.

Question 11

Tariffs are categorized as financial and political forces, but they are usually not seen as legal forces.

Accepted Answer

Tariffs can actually be classified as legal forces because they are often implemented through laws and regulations. Governments use their legal authority to enact tariffs as a way to protect domestic industries or gain leverage in trade negotiations, among other reasons.

Question 12

Japanese cultural values suggest that in Japan, antitrust law against cartels would be strictly enforced.

Accepted Answer

Japanese cultural values, which emphasize harmony and consensus, have historically led to a more lenient approach towards cartels, often viewing them as a means to stabilize the economy and protect industries, rather than strictly enforcing antitrust laws against them.

Question 13

Microsoft is an example of how a company can avoid multiple antitrust laws in multiple jurisdictions, thanks to equalization agreements.

Accepted Answer

Microsoft has faced numerous antitrust cases in various jurisdictions, including the United States and the European Union, indicating that it has not been able to avoid antitrust laws through equalization agreements.

Question 14

The World Intellectual Property Organization is a UN agency that administers 24 intellectual property treaties.

Accepted Answer

The statement is true. The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations (UN) that administers 24 international treaties related to intellectual property.

Question 15

The European Patent Organization makes filing for a patent in all 27 EU member-states more difficult than it was previously.

Accepted Answer

The European Patent Organization aims to simplify the process of filing for a patent in multiple EU member-states by providing a single application procedure and a unified patent system. Therefore, filing for a patent in all 27 EU member-states should be easier under this system than before.

Question 16

The United States at times applies antitrust law extraterritorially.

Accepted Answer

The United States has applied antitrust law extraterritorially in several cases, such as with Microsoft in the 1990s and with some international cartels. However, such actions must be carefully evaluated and may face legal and political challenges from other countries.

Question 17

Contingency-fee cases are limited to the United States.

Accepted Answer

The answer of Contingency-fee cases are limited to the United...

Question 18

Product liability is an area of torts in which the U.S. courts can make large awards, unlike in other countries.

Accepted Answer

This statement is true. The U.S. courts have a reputation for making large awards in product liability cases, often exceeding the awards made in other countries.

Question 19

Under U.S. law, price fixing is illegal per se, while in other countries, damage or harm has to be done; this is the case in the EU.

Accepted Answer

Under U.S. law, price fixing is considered illegal per se, meaning that it is illegal in and of itself without the need to prove any negative effects on the market or consumers. In contrast, in other countries such as the European Union, there needs to be evidence of harm or damage resulting from price fixing in order for it to be considered illegal.

Question 20

There is one main organization that offers IP protection, the UN.

Accepted Answer

There are multiple organizations that offer IP protection, including but not limited to the World Intellectual Property Organization (WIPO) and national patent offices. The UN does have a role in promoting and coordinating international cooperation on IP protection, but it is not the sole organization responsible for it.

Quiz 7: Intellectual Property and Other Legal Forces