INTERNATIONAL & COMPARATIVE TRADE MARK LAW (I Credit)

FINAL EXAMINATION

Spring 2000

Professor Jose A. Gomez-Segade

Instructions:
This is a one-hour open book exam (one hour and a half for students with native language different from English). You may consult the course materials and any other materials. Yet, your examination must be your own work. Do not discuss it with other students.

'Write your answers in the blue book supplied, but please use only one side of the page and observe the margin. Please write as legibly as possible, and try to present a "clean" exam. Evaluation will take into account clearness, cleanness and systematic of the written answers

Grading will be anonymous. Please do not put your name on anything your turn in. BE SURE

YOUR EXAM NUMBER IS ON THE BLUE BOOK. ONLY ONE BLUE BOOK IS
AVAILABLE.
 

Note: In all answers, please specify articles, paragraphs and sentence(s) of International Conventions. Where appropriate, personal views of the rationale behind the provisions, and differences and similarities between them would be welcome.
 

1.- Mrs. Beaugeste, a national of France, having its domicile in Italy, has a factory of rubber products in China. She is owner of the registered trademarks SKYRUNNER in different countries, among them France, Italy and China. She wants to have the trademarks SKYRUNNER in Spain, Turkey, Portugal, Germany, Denmark and the United Kingdom through an international registration because cheaper. Her counsel wants to know in which country should file the application, which Treaties are applicable, what are the consequences of the international registration, and whatever information about the application is deemed to be useful [40 points]

2.- Which is the relationship between Paris Convention and TRIPS ?[10 points]

3.- What is the meaning of seniority in the CTM System ? 110 points]

4.- Does the CTM prevail over nationals trademarks of EU countries? [10 points]

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