INTERNATIONAL & COMPARATIVE TRADE MARK LAW (1 Credit)

FINAL EXAMINATION

Spring 1997

Professor Josd 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.

Grading will be anonymous. Please do not put your name on anything your turn in. BE SURE YOUR EXAM NUMBER IS ON EACH BLUE BOOK YOU TURN IN.



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. A national of Japan, owner of a industrial factory in China, having his domicile in the USA, on April 10, 1997, filed an application for the registration of his trademark PIPO in China. Please, list and explain all ways of getting protection in the United Kingdom (25 points).

2. Explain at least 5 main differences between the Madrid Agreement and the Madrid Protocol on the International Registration of Marks (15 points).

3. Meaning and consequences of the "non-backsliding" clauses in TRIPS (15 points).

4. What is the meaning of seniority in the CTM System and what would be the consequences of claiming seniority when filing a CTM application (15 points).

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