BLAW Test 3

When a U.S. trademark holder licenses a foreign business use of its trademark overseas and a third party imports these goods into the United States to compete against the U.S. manufacturer's goods, the foreign-made goods are called __________ goods. a) "gray market" b) counterfeit. c) specially-licensed. d) dumped goods.

"gray market"

Owners of mask works are entitled to the exclusive right to reproduce and distribute their products under U.S. law for a period of: a. 10 years. b. 20 years. c. 28 years. d. the life of the creator plus 70 years.

10 years

Design patents have a duration of ____ years. a. 10 b. 14 c. 17 d. 20

14

One reason the U.S. controls the export of goods and technology is: a) for national security reason. b) foreign policy. c) short supply of domestic goods. d) All of the above are reasons the U.S. controls the export of goods and technology.

All of the above are reasons the U.S. controls the export of goods and technology.

Legal restrictions of U.S. firms doing business abroad in regard to payments made to foreign officials for obtaining business are set forth in the: a) International Corruption Prohibition Act. b) Global Anti-bribery Control Act. c) Foreign Corrupt Practices Act. d) International Graft Prohibition Act.

Foreign Corrupt Practices Act.

Which of the following does not describe the European Union (EU)? a) It was formerly known as the European Economic Community. b) It had ten members sign on in 2004. c) It eliminated internal barriers to the free movement of goods, persons, services, and capital between member countries. d) It is administered solely by the heads of state of the member countries

It is administered solely by the heads of state of the member countries

Which of the following statements is true regarding the World Trade Organization (WTO)? a) The WTO has been in place since 1947. b) The WTO coordinates its activities with GATT. c) It provides a dispute settlement body to promote the resolution of trade disputes. d) It has the ability to impose criminal penalties.

It provides a dispute settlement body to promote the resolution of trade disputes.

Which is a correct statement about arbitration of contractual disputes regarding international trade? a) It is done in court. b) There is extensive judicial review of the decision. c) Parties frequently arbitrate in neutral countries. d) It is not available in disputes of more than $1 million.

Parties frequently arbitrate in neutral countries.

Which of the following is not the exclusive right of the holder of a copyright? a. To prepare works that are derived from the original work. b. To obtain a court order enjoining use of the original work by another. c. To distribute copies of recordings of the original work. d. To display or perform the original work in public.

To obtain a court order enjoining use of the original work by another.

NAFTA seeks to eliminate tariffs among which countries? a) all members of the United Nations b) United States, Canada, and Mexico c) United States and Japan d) members of the common market

United States, Canada, and Mexico

Three defenses are commonly raised to the extraterritorial application of U.S. antitrust laws. They are: a) act-of-state, sovereign compliance, and sovereign immunity doctrines. b) jurisdictional rule of reason, effects doctrine, and comity. c) foreign legislation, sovereign compliance, and comity. d) foreign antitrust laws, sovereign immunity doctrine, and International Monetary Fund applications.

act-of-state, sovereign compliance, and sovereign immunity doctrines.

A copyright bestows upon the creator of an artistic or literary work a federal statutory right to exclusively: a. use the work. b. reproduce the work. c. display the work. d. all of the above. `

all of the above

Companies with concerns over the possibility of expropriation could lessen the harm or the likelihood of this occurring by: a) fully investigating a host government's stability. b) establishing treaty commitments. c) obtaining insurance. d) all of the above.

all of the above

Computer programs are subject to protection in the U.S. under: a. copyright laws. b. patent laws. c. trade secret laws. d. all of the above.

all of the above

In antidumping cases: a) The International Trade Administration determines whether foreign goods are being sold in the United States at less than fair value (LTFV). b) The International Trade Commission determines if there is an injury to a U.S. industry as a result of such sales. c) Remedial action will be taken only if findings of both LTFV sales and injury are present. d) All of the above

all of the above

In determining whether limited use of copyrighted material may be permitted as "fair use," courts will consider: a. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. b. the nature of the copyrighted work. c. the amount and substantiality of the portion used in relation to the copyrighted work as a whole. d. all of the above.

all of the above

In order to protect themselves from disclosure of proprietary or confidential information, businesses may: a. implement security measures to prevent access by outsiders. b. enforce contractual nondisclosure agreements against departing employees. c. limit disclosure of such information to those with a need to know. d. all of the above.

all of the above

It is important to protect trade dress against adoption by a competitor because such adoption can: a. deceive purchasers into believing they have obtained a comparable product. b. dilute the originator's resource investment in its product appearance. c. usurp the business goodwill of the developer of the trade dress. d. all of the above.

all of the above

The General Agreement on Tariffs and Trade (GATT): a) is a multilateral treaty b) is subscribed to by the United States c) has as its goal the liberalization of world trade d) all of the above

all of the above

Trademarks or service marks may be registered if they utilize terms that are: a. suggestive of characteristics of the product or service to which they relate. b. fanciful, arbitrary, or coined. c. descriptive and have acquired a known secondary meaning linked to a product. d. all of the above.

all of the above

The America Invents Act: a. amended federal patent law. b. replaced the "first to file system" with a "first to invent" system. c. speeds up the application process for energy conservation inventions for a $4,800 fee. d. all of the above.

amended federal patent law.

Which of the following is NOT a nontariff barrier? a) government subsidies b) import quotas c) complex custom procedures d) an import or export duty or tax placed on goods as they move in or out of a country

an import or export duty or tax placed on goods as they move in or out of a country

The Semiconductor Chip Protection Act provides that an infringer will: a. be liable for actual damages b. forfeit its profits to the owners c. both a. and b. d. neither a. nor b.

both a. and b.

The type of patent that may be granted to developers of new and non-obvious ornamental features of manufactured articles is called a(n): a. design patent. b. functional or utility patent. c. improvement patent. d. plant patent.

design patent

Three types of patents available under U.S. law are: a. utility, product, design. b. design, packaging, invention. c. design, plant, utility. d. utility, regulatory, common law.

design, plant, utility.

A direct sale to customers in a foreign country is a(n): a) foreign distributorship. b) agency arrangement. c) licensed sale. d) export sale.

export sale

When a foreign government takes over an American business that is being conducted in the foreign country, this is called: a) expropriation. b) dollar credits. c) suspension agreement. d) antidumping.

expropriation

The main purpose of the International Monetary Fund (IMF) is to: a) provide easy access to money for multinational corporations. b) facilitate the expansion and balanced growth of international trade. c) create a model simplified lending system. d) facilitate currency exchanges.

facilitate the expansion and balanced growth of international trade

The Ex-IM Bank: a) helps U.S. manufacturers export goods by provides loan guarantees. b) receives funding from the U.S. Treasury to help sustain its operations. c) has a financing cap of $100 billion. d) all of the above

helps U.S. manufacturers export goods by provides loan guarantees.

Under the Computer Software Copyright Act of 1980, a written program: a. must be written in object code in order to be protected. b. must be written in source code in order to be protected. c. is protected as any other copyrighted material, even if it is in written form. d. is protected but does not receive the same protections as other copyrighted materials.

is protected as any other copyrighted material, even if it is in written form.

The transfer of technology rights in a product to allow another firm in a foreign country to produce a product in return for royalties or other specified payments is called: a) exporting. b) licensing. c) agency representation. d) subsidiary sales.

licensing

The Lanham Act grants protection for: a. marks. b. patents. c. copyrights. d. trade secrets.

marks

Which of the following actions is not prohibited by The Foreign Corrupt Practices Act? a) offers of payments to government officials to influence a decision on behalf of the firm making the payment b) payments to government officials to influence a decision on behalf of the firm making the payment c) payments to low-level officials for expediting the performance of routine government services d) all of the above actions are prohibited by The Foreign Corrupt Practices Act

payments to low-level officials for expediting the performance of routine government services

The type of patent that may be granted to developers of plant reproduction methods is called a: a. process patent. b. functional or utility patent. c. improvement patent. d. plant patent.

plant patent

The United Nations Conference on Trade and Development (UNCTAD): a) represents the interests of less developed countries. b) arbitrates trade disputes between countries. c) furnishes letters of credit to expedite trade. d) all of the above.

represents the interests of less developed countries

The Alexo Corporation has been charged in a United States court with violation of American antitrust laws in its foreign dealings. The firm has raised the defense that its actions were compelled by the government of its host country. Alexo based its defense on the__________ doctrine. a) act-of-state b) sovereign compliance c) sovereign immunity d) Treaty of Rome

sovereign compliance

Under which of the following doctrines is it held that a foreign sovereign cannot be sued unless it engages in illegal commercial conduct? a) act-of-state b) sovereign compliance c) Timberlane d) sovereign immunity

sovereign immunity

U.S. courts will assume jurisdiction and apply antitrust laws to conduct business outside the United States if the activities of the business firms outside the United States have a direct, substantial, and foreseeable impact on U.S. commerce. This is based on what principal? a) the "jurisdictional rule of reason" b) the "act-of-state doctrine c) the "effects" doctrine d) comity

the "effects" doctrine

The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) have been strongly influenced by: a) the GATT's most-favored nation clause. b) the European Economic Community's Treaty of Rome. c) the Uniform Commercial Code. d) the success of the Organization of Petroleum Exporting Companies.

the Uniform Commercial Code.

In order to obtain a court order enjoining a competitor from using your trademark, it is necessary to show that: a. you invested a certain level of resources to develop the mark. b. the competitor is making unfair profits from use of the mark. c. the competitor's use of the mark risks confusing the public. d. all of the above.

the competitor's use of the mark risks confusing the public.

To analyze a copyright infringement claim in the context of computer programs, courts will primarily examine: a. the total number of program steps that are substantially similar. b. the number of significant program steps that are substantially similar. c. whether the programs appear substantially similar in ordinary language. d. whether the programs appear substantially similar in machine language.

the number of significant program steps that are substantially similar.

A business formula, information compilation, or device that provides an advantage over competitors that do not have it is known as a: a. competitive advantage. b. strategic advantage. c. trade secret. d. restraint of trade.

trade secret

The Digital Millennium Copyright Act : a. made notice of copyrights no longer mandatory. b. changed the life of a copyright. c. was enacted to curb the pirating of software and other pirated works. d. all of the above.

was enacted to curb the pirating of software and other pirated works.

Which of the following allows a domestic firm to maintain the greatest control over its foreign operations? a) wholly-owned subsidiaries b) licensing c) foreign distributorships d) agency arrangements

wholly-owned subsidiaries