True / False
1. In the licensing agreement the licensor would set the geographic and field-of–use limitations on licensees.
a. True
b. False
2. Licensees of IPRs are generally eager to operate under specific marketing quotas requested by the licensor.
a. True
b. False
3. Licensors of IPRs are generally wary of offering licensees exclusive rights in a certain geographic area.
a. True
b. False
4. Under TRIPS, until a pharmaceutical patent is actually granted, a country has no obligation to protect potential
prospective rights (during the pendency of the patent application).
a. True
b. False
5. Most international licensing agreements mandate the licensee to maintain the confidentiality of the licensor’s
technology.
a. True
b. False
6. Governments in developing countries usually encourage the use of licensed intellectual property by diligently
enforcing laws designed to protect it from theft or other means of exploitation.
a. True
b. False
7. Transfer of technology laws are U.S. statutes that require U.S. companies to share their technology and research
with firms in Africa.
a. True
b. False
8. IPR transfers from U.S. companies to joint ventures in developing countries often allow U.S. companies to avoid the
legal risks and entanglements of direct investment.
a. True
b. False
9. IPRs include patents, trademarks, and copyright, but not trade secrets.
a. True
b. False
10. Foreign laws that require the government approval of a licensing agreement are a form of protectionist policy.
a. True
b. False
11. Many technology transfer agreements prevent the licensee from selling goods to persons that will bring the product
back to the licensor’s country for sale in direct competition with the licensor.
a. True
b. False
12. U.S. courts have been reluctant to restrict gray market competition in situations where the product‘s quality being
introduced to the home market is indistinguishable from its native counterpart.
a. True
b. False
13. Restrictions written into the franchise agreement must be strictly adhered to regardless of the effects it may have on
the competitive potential of the franchisee in the host country.
a. True
b. False
14. The Council of the European Union has jurisdiction over franchise agreements operating in its member countries.
a. True
b. False
15. The greatest protection for a firm’s copyrights and patents comes from the International Convention for the
Protection of Industrial Property.
a. True
b. False
16. The great advantage of the International Convention for the Protection of Industrial Property is that by filing a
trademark with this international body, the trademark owner achieves virtually worldwide trademark protection.
a. True
b. False
17. The European Union has both a common multinational patent application process as well as the individual country
processes.
a. True
b. False
18. A field of use limitation in a licensing agreement restricts the licensee’s ability to market in certain geographical
areas.
a. True
b. False
19. When the intellectual property being licensed is technology protected primarily by a patent, a key license provision
will be a clause setting forth the licensee‘s obligation to keep the licensed technology confidential.
a. True
b. False
20. A licensee will seek a grant back of ownership in improvements to the licensor.
a. True
b. False
21. Most nations grant patent priority to the individual who can prove (s)he was the first to invent.
a. True
b. False
22. Both the Berne Convention and the Paris Convention require signatory countries to enact certain minimum
substantive laws.
a. True
b. False
23. Computer programs are protected as copyrightable literary works under the Berne Convention.
a. True
b. False
24. Since 1996, the European Union’s Trademark Regulation has allowed a single trademark registration enforceable in
all members of the European Union.
a. True
b. False
25. Under TRIPS, a nation may decide to exclude pharmaceutical patents if it determines they are immoral.
a. True
b. False
26. Under U.S. copyright law, an author’s exclusive rights end upon his/her demise.
a. True
b. False
27. The impact of piracy on the revenue loss as estimated by the Motion Picture Association of America is
approximately $1.5 billion per year.
a. True
b. False
28. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) requires developing countries
that are members of the WTO to adopt intellectual property laws similar to the United States.
a. True
b. False
29. Foreign laws that require the disclosure of the ingredients of formulas of trade secrets to determine the safety of the
product before entry is granted is a legitimate government regulation under its police powers i.e. health and safety.
a. True
b. False
30. The Paris Convention gives a trademark holder in any signatory country a “right of priority.”
a. True
b. False
31. Importation of merchandise produced and sold abroad and then imported back into the United States for sale in
competition with the U.S. trademark owner is referred to counterfeit goods.
a. True
b. False
32. The European Court of Justice in the Sebago Inc. v. GB Unic, SA, (1999) E.T.M.R. 681 ruled that re-imports from a
EU member country to another is in violation of the Trademark Directive.
a. True
b. False
Multiple Choice
33. A. Bourjois & Co. v. Katzel involved the question of whether Katzel:
a. Was liable to Bourjois for breach of contract.
b. Was liable to the French subsidiary of Bourjois for trademark infringement and counterfeiting.
c. Was entitled to punitive damages for willful trademark infringement.
d. Was liable to Bourjois for trademark infringement.
34. A single multinational application process is available for protecting intellectual property in:
a. In the U.S., Canada, and Mexico.
b. In the Eastern European countries.
c. In countries that are member of the Asian Patent Protection Treaty.
d. In the European Union.
e. All of the above.
35. Many technology owners have avoided introducing technology or technological products into Brazil because:
a. The market has been too weak to support these high-tech products.
b. Technology transfer agreements have been interpreted under Brazilian law so that the original owner loses
many rights in the technology.
c. Brazilian taxes on the introduction of technology into the country have been prohibitively high.
d. Spies and foreign agents have been stealing the technology and selling it to the communist countries.
36. Under a bilateral agreement concluded in 1994 between the U.S. and the EU:
a. U.S.-made liquor can be branded as “scotch whisky,” or “cognac.”
b. EU made liquor can be branded as “bourbon” or “Tennessee whiskey.”
c. Both A and B.
d. Neither A nor B.