INTERNATIONAL & COMPARATIVE TRADEMARK LAW (1 Credit)

FINAL EXAMINATION

Professor Jose' A. Gomez-Segade               Spring 1999

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.

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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.- What change, if any, did have TRIP's introduce in claiming priority of foreign trademarks in comparison with the Paris Convention (10 points)

2. XX, a national of Portugal, with an important establishment in Portugal registered in Portugal the trademark "JEITOSO" for shoes in January 1999. He wants to know if he may file an international registration for Brazil and the following Mediterranean countries: Spain, France, Italy, Greece and Turkey and possible type and requirements of such a international registration. He also wants to know, what could happen in each of the above countries where international registration had effect, if his Portuguese trademark is cancelled in the year 2001 due to proceedings now pending before the court of first instance N. 5 of Porto (Portugal) (40 points)

3. What courts have jurisdiction for infringement actions of a Community Trademark (CTM)? (20 points)