Pg. 446-449
What does TRIPS stand for?
Trade-Related Aspects of Intellectual Property Rights.
Why does Coca-Cola train employees to explain product availability clearly?
To protect its brand and keep customers happy
What regulatory scheme requires government approval before a technology transfer?
Preapproval
What is a franchise?
When the licensor permits the licensee to sell certain goods under their trademark or service mark in accordance with the franchising agreement.
How long does TRIPS protect copyright?
A minimum of 50 years
What word was protected as intellectual property in the Wineworths case?
“champagne”
What term refers to products sold abroad and later imported into the U.S. without the U.S. trademark owner's approval?
Gray Market Goods
What do Intellectual Property Laws grant to inventors?
They effectively grant a legal monopoly of their invention
How long must patent protection last according to TRIPS?
At least 20 years
What feelings or ideas does the word “champagne” bring to New Zealanders?
Celebration, exclusivity, and high-quality wine.
Which country’s former system assumed all technology transfers were prohibited unless exempted, based on bureaucratic tradition?
Japan's gensoku kinshi system
Name one defense that an IPR infringer can use to defend an IPR Infringement allegation.
•Non-infringement
•Invalidity
•Unenforceability
•Counterclaim
Which international organization oversees the implementation and compliance of TRIPS?
World Trade Organization (WTO).
Which global trade agreement protects names like “champagne”?
TRIPS (Trade-Related Aspects of Intellectual Property Rights)
What is the term for exploiting currency differences to profit from gray market transactions?
Arbitrage
What do Tied-Purchase Clauses legally require franchisees to do?
To buy certain goods only from the franchiser.
What is the purpose of the Doha Declaration related to TRIPS?
To address public health problems by improving access to medicines in developing countries.
Question: How did the court check what New Zealanders think about the word “champagne”?
Market surveys and expert opinions
In which country can the Royalties Committee reject technology transfer agreements for specific reasons?
Colombia
What does Mandatory Package Licensing or Patent Pools force companies to do?
Requires companies by law to purchase a bundle of licenses to access a set of products or services even if they do not need all