International Trade

Question 1

What are the 4 types of international trade channels

Answer 1

trade in goods, services, knowledge and technology transfer, foreign direct investment

Question 2

What did Paris convention provide for

Answer 2

national treatment, right of priority, common rules for contracting states

Question 3

What does berne convention introduce for copyright

Answer 3

national treatment, minimum rights, protection upon creation, moral rights

Question 4

What was WIPO established for

Answer 4

to lead the development of a balanced and effective international IP system that enables innovation and creativity for the benefit of all

Question 5

What TRIPS covers

Answer 5

1. general provisions and principles, 2. minimum standards of protection for IP rights, 3. enforcement, 4. dispute resolution, 5. special transitional agreements for implementation

Question 6

What does national treatment mean

Answer 6

that each member shall accord the same treatment to nationals of other Members as it accords its own with regard to protection of IP

Question 7

What is a most favored nation

Answer 7

Can’t have a favored nation. If a Member provides something to one of the members, it must give the same to all other members.

Question 8

Public health on the TRIPS

Answer 8

each member has the right to grant compulsory licenses and the freedom to determine the grounds upon which such licenses are granted in a national emergency or public health crisis.

Question 9

TRIPS TM term of protection

Answer 9

no less than 7 years

Question 10

What agreements provide protection and registration for Designs

Answer 10

the Paris Convention and Hauge Agreement

Question 11

Priority for designs

Answer 11

6 months

Question 12

Does the Paris Convention provide for a definition of design

Answer 12

no

Question 13

EU term of protection for designs

Answer 13

initial 5 years + up to 4 renewals for a total of 25 years

Question 14

TRIPS trademark requirement of use

Answer 14

abandoned after 3 years for lack of use

Question 15

EU TM requirement of use

Answer 15

abandoned after 5 years for lack of use

Question 16

unregistered design term of protection

Answer 16

3 years - exclusively for fashion

Question 17

TRIPS Design term for protection

Answer 17

10 years

Question 18

What is a design

Answer 18

an ornamental appearance of the whole or a part of a product resulting from the features of, lines, contours, colors, shapes, texture and/or materials of the product itself.

Question 19

What do design rights not protect

Answer 19

thoughts, dreams, ideas, design concepts, smells, sounds, tastes, functions, natural products

Question 20

what is a product under EUIPO design guidelines

Answer 20

any industrial or handicraft item, including parts intended to be assembled into a complex product, packaging, get-up, graphic symbol and typographic typefaces, but excludes computer programs

Question 21

requirements for design protection

Answer 21

must be novel and have individual character

Question 22

what is novelty in design law

Answer 22

no identical design has been made available to the public before the date of filing or first made available to the public

Question 23

What is individual character

Answer 23

overall impression it produces on the informed user differs from the overal impression produced on such a user by any design which has been made available to the public

Question 24

what is the standard for assessing design infringement/ novelty

Answer 24

the informed user

Question 25

what should be considered when assessing individual character

Answer 25

the degree of freedom of the designer in developing the design

Question 26

what is Berne convention

Answer 26

it provides protection for copyrights