November 22, 1996

William O., Hennessey


This is a one-hour examination. (1-1/2 hours for non-native English speakers) Students are allowed to bring any materials they wish into the examination. Students are not allowed to discuss the questions with one another or ask assistance of one another during the examination. Nor should students "comment" or otherwise communicate with one another on the questions at any time during the examination. Answers should be written in an exam booklet. Do not put your name or any other identifying device on your exam booklet -- just your exam number. Do not write "MIP " or "Class of '97" etc. on the booklet. You should keep your answers BRIEF, but there are no page limitations Write on one side of a bluebook page a&

Select two (2) of the following four (4) questions (30 minutes for each question):

1. Section 301 (a) of the Trade Act of 1974 (19 USC 2411) sets forth when "action" by the U.S. Trade Representative is mandatory and Section 301 (b) sets forth when such "action" is discretionary. What does the statute mean by "action?"  What "action" does the US Trade Representative actually take?

2. Your client, Universal MegaCorporation [UMC] located in Henniker, New Hampshire, makes consumer products. UMC has licensed its registered trademark, "Chore-Boy," for aluminum pot-scrubbers to its wholly-owned subsidiary UMC-Brazil, S.A. which manufactures the same product, exclusively for sale within the territory of Brazil. UMC-Brazil, S.A. owns the "Chore-Boy" trademark registration in Brazil. Now a trading company, Gray Marketing, Inc., which has absolutely no relationship whatsoever with UMC or UMC Brazil, is buying large quantities of "Chore-Boy" potscrubbers in Brazil and shipping them into the US, selling them to supermarkets for much less than VMC sells them for, because of the weakness of the Brazilian currency. Please advise UMC's legal counsel as to what procedures, if any, can be used to stop parallel imports from entering the US, and whether UMC is likely to be able to prevent Gray Marketing Inc. from importing the Brazilian "Chore-Boy" potscrubbers into the US.

3. Discuss the extent to which concerns about "economic security'' play a role in promoting and/or inhibiting the lowering of trade barriers between nations.

4. Discuss the extent to which "secondary boycotts" (blacklists of companies or agents working with or in certain politically-sensitive foreign countries) are prohibited and/or condoned under U.S. law.

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