ADVANCED LICENSING INSTITUTE

PROFESSOR KARL F. JORDA

SUMMER 97

FINAL EXAMINATION


This is a on 6-hour open book exam (one and one-half for certain foreign students). You may consult the course material as well as any other materials. Yet, your examination must be your own work. Do not discuss it with other students.

Write your answers in the blue books supplied, but please use only one side of the page and observe the margins. Please write or print as legibly as possible.

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

1) Several speakers discussed or mentioned "Due Diligence". What is it? What does it involve or consist of Why is it important in licensing and acquisitions? [20 points]

2) With reference to intellectual property and IP licensing in the European Union, what is the "Exhaustion Doctrine", and what are the notable exceptions to or limitations on its applicability? [20 points]

3) How does a university or a baseball team that engages in collateral licensing or merchandising practice quality control in connection with the manufacture and sale by licensees of staple articles of commerce, such as apparel? [20 points]

4) Both Ward Classen and Gregg Battersby discussed an ingenious mechanism that they use and provide for in licensing agreements in lieu of arbitration or other ADR measures. It involves litigation but discourages it at the same time. What is it? [20 points]

5) How does the U.S. Government protect soft ware developed in federal laboratories? [20 points]

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