Chapter 16 and 17

William J. Jefferson, Democrat of Louisiana, was charged with violating the _________________________when he bribed African governments for business interests. This act seeks to punish bribery of foreign officials through civil and criminal penalties and to establish internal accounting mechanisms that will prevent such bribery.

Under Trips, Trade-Related Aspects of Intellectual Property Rights, every member of the WTO must abide by the Paris and Bernie Conventions, but also sets minimum standards of intellectual property protection. That being said, TRIPS has a number of drawbacks. Developed nations that counter the exception of public order was intended to be narrow and that permitting patent infringement was only for:
I. Noncommercial purposes
II. Research
III. Experimentation for testing
IV. Educational purposes
V. Commercial purposes

The first treaty on international property was the International Convention for the protection of Industrial Property, otherwise known as the Paris Convention. While it was important in establishing national treatment and right of priority what are considered some of its main problems?

SWEAT, an American Company that manufactures sporting goods, would like to enter the Italian market. They want to sell their products such as athletic clothing and shoes but are unsure about how to conduct business in Italy and what the cultural values are there. In order to progress they need to hire a representative in Italy to help them with the business procedures, especially marketing. They want someone who can organize, pursue, and set the schedule for the marketing program given the strategic objectives given by SWEAT. Who should they hire?

"In the case of the dependent-independent agent distinction, if an agent is dependent, the principal will be liable to third parties for an agents misdeeds. However, this agent-principal relationship is not a critical consideration in the case of:

The battle of “ geographical indications ” is not limited to the developed worlds of North America, Australia, and Europe and is not limited to wines and liquors. The Development Agenda of the Doha Ministerial Conference included some issues relating to geographical indications: (1) creating a multi-register for wines and spirits, (2) extending the higher or enhanced level of protection accorded to wines and spirits under TRIPS to other products, (3) give a distinctive label for products that are under the register.

Registered trademarks are assured national treatment by the Paris Convention. This creates a nation-by-nation registration process for trademarks. Chapter 17 lists some exceptions to this nation-by-nation process. Which of the following are exceptions to this registration process?

Atela Company produces highly technological ovens that allow to bake a cake really accurately, and that can also melt steel. Atela Company never uses its ovens for baking and decides to license its technology but only for baking cakes, not for melting steel. What type of limitation should use Atela Company?

A dependent agent is an employee for purposes of the host country´s labor laws. In the United States having an employee subjects a company to the following legal consequences EXCEPT:

The Paris Convention was the first international property treaty that guarantees that in each signatory country, foreign trademark and patent applications from other signatory countries will receive the same treatment and priority as those from domestic applicants. Its 1980 and lets say Germany and France are two signatory nations and France has just patented a new form of produce sterilizer. Germany steals the intellectual property behind this invention. Under the Paris Convention, what can result?

John Doe, an American businessman working for a mass media corporation is traveling to Germany to meet with executives of a steel corporation hoping to use John's corporation for media services. For John's trip, the German executives pay for a private jet to fly his entire family to Munich, an all inclusive resort stay and a cash incentive if John facilitates the business transaction between the two corporations. The Germans are violating which law?

Denka is a small country capable of producing anything especially in the field of electronics. But the problem is Denka has never invented anything; it has many companies that are good at cloning anything they come across, and sell them internationally for a much cheaper price than the original product. This essentially hurts the companies that invented such products as the imitation products are stealing potential customers. Furthermore, Denka has trade agreements with all the countries from which those products where invented. The Denkan government has repeatedly failed to enforce the IPR laws that are in place for such conducts. As a result, this gives rise to a ___________________________________.

Harrods, a British company, entered into a contract with an African textile company. In the contract there are statements of bribery of foreign officials and sales of influence. What is the response of the English Courts?

The United States licensed with a German company to improve their R&D capability. The United States company called Stems produces high-end women's shoes. This company has climbed to the top of the shoe market and people pay a premium for this luxury. However, these shoes are not well known in Germany so they cost much less in stores abroad. Another German company (not the licensee) is buying the shoes at a lower price and selling them back to American boutiques. This threat is called...

According to the SEC v. Siemens Aktiengesellschaft case, Siemens failed to implement adequate _____________ to detect and prevent violations of the ______________.

These people provide a service to another entity under terms specified in a contract or within a verbal negotiation. Also he or she will not work regularly to get define be a worker, but the works as and when is required. The company pays them on a freelance basis, and they can work though a limited company or franchise, which they themselves own, or they work through another company.

Creation of a multi – register for geographical indications for wines and spirits is one of the issues indicated in the Development Agenda of the Doha Ministerial Conference, and its negotiation is required under:

Civil and criminal penalties under the _________ and foreign anti-bribery statutes are not the only possible legal sanctions for investors who use bribes to induce foreign _______ officials to award them contracts.

__________________ prohibits the importation of articles that infringe a US patent, trademark, or copyright. Under this section, the complainant must establish that his trademark is being infringed and that he has a __________________ that uses the trademark.

Computer programs are protected as literary works within the meaning of Article 2 of the:

A pharmaceutical company launched in to the European market, a new product that on its advertisements, it says that with one week using this "new product" your hair is going to grow as when you were young. (at the end nothing happen) What do you think the competition is going to do and why?

Subway is a company based out of Connecticut that primarily sells submarines and salads. Subway is able to avoid many operating and overhead expenses because it allows independent entities to sell certain good’s under the licensor’s trademark. However, to prevent devaluation of its trademark, Subway will typically condition its use on the licensee’s observance of certain quality standards. Subway is an example of:

___________ is a limited permission to use the U.S. firm’s trademarks, copyright, or know-how in making products for sale in the vicinity of the foreign company’s country.

Three basic types of ________________ provide the format for IPR transfer agreements. They range from pre-approval to ______________ to no regulation.

Bob is a US agent is located in Hong Kong. Bob receives a compensation package that is solely based on commissions, rents his own office space, and hires subagents to carry out tasks. What kind of agent would you characterize Bob?

ABC, a US company, bribed X, a Somali government official, in order to get him to sign a contract for a nuclear reactor. ABC delivered the nuclear reactor but X is now refusing to pay for it. Can ABC sue X in a US court in order to have the contract enforced?

Concerning the regulation of advertising abroad, which one is false?

Jimmy owns a local sportswear store Yolo, California, and is a hardcore NBA fan. The playoffs have started and he notices Lebron James is having one of the best years in NBA history. He sees this as an opportunity to make lots of money so he decides to import fake Lebron James merchandise from Indonesia. He plans on selling fake Lebron James basketball shoes. Indonesia does not enforce its IPR (Intellectual Property Rights) laws. Nike and Lebron James may take action and seek to exclude the fakes through which U.S. trade law?

What English case held that English courts will not enforce contracts involving bribery of foreign officials or sale of influence because they are illegal in England and contrary to English public policy?

An overwhelming majority of U.S. firms choose not to avail themselves of the DOJ review procedure. Historically this process has proven to be time consuming and therefore burdensome to most business transactions because _______________________________ may change and make the deal less attractive or entirely unattractive fore one of the parties.

The _________________ seeks to punish bribery of foreign officials through civil and criminal penalties and to establish internal accounting systems, also the law called _______________authorize the criminal punishment

An American toy company produces and sells toys in China. It has just discovered that a Chinese company had purchased its licensed products and imported them back in the US at lower prices. The American company decides to sue the Chinese company. What can it get from the court?

The _________________________ seeks to punish bribery of foreign officials through civil and criminal penalties and to establish internal accounting mechanisms that will prevent such bribery.

Mr. Williams is a representative of XYZ in China. He paid a bribe to a Chinese official so that one of XYZ’s shipments would have priority over all other shipments, but it never arrived in San Francisco. XYZ decides to file a claim to have the contract enforced. How will a US court treat this case?

It is an arrangement in which the licensor permits the licensee to sell certain goods under the licensor’s trademark or service mark under a franchising agreement?

For two decades, the United States was alone in forbidding its citizens from bribing foreign officials. Indeed, some nations permitted tax deductions for such payments. However, the tide finally turned. In February 1999 ________________ became effective

In 206, Japan and the United States began confidential discussions related to a new plurilateral treaty to help in the fight against counterfeiting and piracy. The aim was to bring together countries that are interested in fighting counterfeiting and piracy, and to negotiate an agreement that enhances international cooperation and contains international standards for enforcing ______________________.

Different countries around the world have different advertising laws with regards to various product types. The section on advertising restrictions in chapter 16 lists all of the following restrictions except:

The _______ Council decision took the form of an "______" of a section 31(f) that allowed countries producing generic copies of patented products under compulsatory licenses to export the products to _____ importing products.

______________ mandates what each country's laws must say, in relation to intellectual property rights.

Which of the following is a principal point of ambiguity in regards to the Foreign Corrupt Practices Act?

Bioform, a biomedical research company discovers a plant in the Amazon in which has the ability to stop the spread of cancer solely by eating the leaves. Bioform wishes to patent the plant, having sole rights of selling the leaves and performing research on its healing capabilities. Duke University brings Bioform to court claiming that the patent is invalid. Is the patent invalid? Under what law would allow it or prevent it?

The United States has been known for its technological innovations and advancements, as well as artistic work. Intellectual property rights (IPR) protect these types of developments, including patents, copyrights, and trademarks. The U.S. is considering transferring these rights to a foreign business. Which of the following would NOT be a reason to transfer an IPR?

General Syrup is a company that has been producing maple syrup in Canada for the past twenty years. General Syrup now wants to expand its sales to the United States but does not know how to advertise for its products. The company decides to hire a consultant for helping it to advertise. The consultant is:

The best course of action for the U.S. entrepreneur abroad is to be vigilant against foreign corruption. Which of the following is a rule entrepreneurs should follow?

The main accomplishments of the Community Trademark Regulation in the European Union are:

Which is the financial concept that the accounting provisions of the FCPA failed to incorporate?

Concerning the TRIPS (GATT Agreement on Trade-Related Aspects of Intellectual Property rights, which one is wrong:

Contrary to the United States’ few restrictions on the substantive terms of representative-principal relationships, many other nations have enacted laws that protect local representatives. In the Puerto Rico Dealer’s Act, civil law strictly limits the termination of an agency. The principal cannot terminate or refuse to renew any agreement without ____________

ABC, a US company, has decided to license its unique coffee filtering technology to XYZ, a Colombian manufacturer of coffee machines. Both companies have signed a 10-year licensing agreement that specifies that XYZ can sell the coffee machines that incorporate that technology only in Colombia. In compensation, XYZ will pay a royalty of $25 per machine sold. The agreement also contains a confidentiality clause, which requires that XYZ maintain confidentiality during the validity of the agreement. Could the Colombian Royalties Committee refuse to register this technology transfer agreement?