October 14. 1999
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 vour name
or and, other identifying device on your exam booklet --Just your exam
number. Do not write "MIP" or "Class of '00"
etc. on the booklet. You should keep your answers BRIEF, but there are
no page limitations. Write on
one side of a bluebook page only.
Select two (2) of the following four (4) questions (30 minutes for each question):
1. What are the key facts which determine whether a party seeking to export -joods from the United States must request an export license under the Export Administration Act of 1979?
2. Discuss the relationship between Article XI GATT and Article XX GATT.
3. Your client is an American manufacturer of mobile telephone technology which is patented in the U.S. and 21. foreign countries. Foreign manufacturers in some of those countries manufacture and export to the U.S. products which your client believes infringe its patent rights. Should the client bring a petition to the Office of the U.S. Trade Representative or should it bring a petition to the U.S. International Trade Commission, or both? Do you need more information to decide'? If so, what information'? What remedies are available if the client prevails in one of those agencies?
4. Urania, a foreign country which is a WTO member and is in compliance with its obligations under the TRIPs Agreement, stubbornly refuses to open up its motion picture distribution network to MegaTainment International [MTI], an American motion picture company. What steps, if any, can the American company take under U.S. trade law to remedy its "lack of access" to the Uranian market and what are the possible results of its efforts?
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