Exam 2 - Chapter 7

In settling international commercial transaction disputes, which of the following methods accounts for the majority of settlements?

Conciliation

The World Court can adjudicate disputes between:

Governments

The Export License Application and Information Network is an electronic service that enables exporters to:

Submit license applications via the internet for all commodities except supercomputers to all free-world destinations

Code law is based upon _____.

An all inclusive system of written rules of law

The first objective of these laws is to protect American consumers by ensuring that they benefit from products and ideas produced by foreign competitors as well as by domestic competitors. ____ are being discussed in this scenario

Antitrust laws

A textile manufacturing company is trying to solve a dispute with one of its raw material suppliers over a breach of contract. After the initial attempts to solve the dispute in a friendly informal manner failed, the companies have approached an international commission to appoint an informed party to act as a referee and make a judgment that both parties will honor. Which of the following dispute resolution methods is being used by the companies in the above scenario?

Arbitration

In the usual _____ procedure, parties select a disinterested and informed party or parties to serve as a referee to determine the merits of the case and make a judgment that both parties agree to honor under the law.

Arbitration

Ralph Richards has been attempting to solve a problem that his company has with a contract default by the Dutch government. He has tried conciliation but the two parties could never find any common ground on which they could begin a fruitful negotiation for settlement. Which of the following is likely to be the course of action that both the parties will try next?

Arbitration

Which of the following is an effective approach to prevent Chinese consumers from creatively copying foreign intellectual property?

Charging what the market will bear

Code Law is also known as ___

Civil Law

Under _____, the legal system is generally divided into three separate codes: commercial, civil, and criminal.

Code Law

_____ is considered complete as a result of catchall provisions found in most of this type of law systems.

Code Law

Which of the following poses a major challenge to international marketers while dealing with counterfeiting?

Collusion between contract manufacturers and illegitimate sellers

Which indicates the exportability status of the item based on the ECCN?

Commerce Control List

The basis for _____ is tradition, past practices, and legal precedents set by the courts through interpretations of statutes, legal legislation, and past rulings.

Common Law

Which of the following forms of law is derived from English law?

Common Law

Which of the following laws is primarily found in the United States, England, Canada, and other countries once under English influence?

Common Law

_____ seeks "interpretation through the past decisions of higher courts which interpret the same statutes or apply established and customary principles of law to a similar set of facts."

Common Law

Jimmy's foods, a popular food company in the United States is trying to resolve a dispute with a local company in New Zealand which has been operating under the same name in their country. All the attempts by the company to settle the issue in a friendly manner have failed. The directors at Jimmy's want to retain their trade name in the country and have decided to settle the dispute with the local company by appointing a mediator. They also want the sessions to be private because of the fear of creating a poor public image. Which of the following dispute resolution methods is best suited for the above situation?

Conciliation

When formal arbitration organizations receive requests for arbitration, they initially attempt to resolve the issue by:

Conciliation

Which of the following methods is considered most effective while resolving disputes with Chinese business partners?

Conciliation

_____ is a nonbinding agreement between parties to resolve disputes by asking a third party to mediate differences.

Conciliation

According to Canadian Law, what is the standard expected by courts in Canada to determine whether a representation is false or misleading?

Credulous person standard

___ buy and register descriptive nouns, geographic names, names of ethnic groups and pharmaceutical substances, and other similar descriptors and hold them until they can be sold at an inflated price

Cybersquatters

Which of the U.S. government agencies oversees antitrust enforcement in international commerce?

Department of Justice

The _____ is a multicountry agreement that has established a regional patent system that allows any nationality to file a single international application for a European patent.

European Patent Convention

Apart from intellectual property laws, another illustration of how fundamental differences in the common and code systems can cause difficulty is in the performance of a contract.

Evaluating the performance of a contract

The revised set of export regulations published by the Department of Commerce to alleviate many of the problems and confusions of exporting and to expedite the process is called ___

Export Administration Regulations

The exporter is responsible for selecting the ____, which leads to a description in the Commerce Control List (CCL), which indicates the exportability status of the item

Export Control Classification Number

The responsibility of determining if a license is required rests with the ____

Exporter

The ___ of the U.S. makes it illegal for companies to pay bribes to foreign officials, candidates, or political parties

Foreign Corrupt Practices Act

Which are the licenses required for products exported from the U.S.?

General or a validated license

Which of the following countries has enacted the most stringent green marketing laws that regulate the management and recycling of packaging waste?

Germany

Laws governing _____ offer the most striking differences between common-law and code-law systems.

Intellectual property

The Islamic law prohibits the payment of _____.

Interest

The basis for _____ is the interpretation of the Koran.

Islamic Law

When all else fails in an international commercial dispute, the final step is:

Litigation

Under _____, the legal system is subordinate to prevailing economic conditions.

Marxist-socialist tenets

In a common-law country, ownership of intellectual property rights is established by "prior use versus registration" which implies that to claim the ownership of a trademark, an individual:

Must establish first use of a trademark

The question of jurisdiction of U.S. laws over acts committed outside the territorial limits of the country has been settled by the courts through application of a long-established principle of international law called the:

Objective theory of jurisdiction

Which of the following commonly counterfeited products has the potential for doing the greatest harm to the consuming public?

Pharmaceuticals

Which of the following should ideally be the first step in the settlement of a dispute?

Placating the injured party

In code-law countries, the ownership of intellectual property is determined by _____.

Registration

Civil or code law was derived from the _____.

Roman Law

Because of political changes in the late twentieth century, which of the following countries has had to build from scratch an entire commercial legal system?

Russia

Islamic law is also known as the _____.

Shari'ah

Which acts developed by the European Union erases legal and trade differences that have existed for decades between the member nations?

Single Europeans Market Act

Which of the following is the most attractive target for pirates because of high development cost and low reproducibility costs?

Software

Which of the following international conventions was established to recognize intellectual property rights?

The Paris Convention

Which of the following conventions is responsible for the promotion of the protection of intellectual property rights among all the member countries of the UN?

The World Intellectual Property Organization

Under the Antiboycott Law, U.S. companies are forbidden to participate in any unauthorized foreign boycott. Which of the following situations brought about the Antiboycott Law in the U.S.?

The boycott of Israel by the Arab League

Which of the following is true with regard to the internet?

The existing cyberlaws incorporate the uniqueness of the internet successfully

U.S. firms, their foreign subsidiaries, or foreign firms that are licenses of U.S. technology cannot sell a product to a country in which the sale is considered by the U.S. government to affect:

The national security of the U.S.

Which of the following is usually placed in the arbitration clause that is becoming standard in many international contracts?

The place of arbitration and the language used in the arbitration process

Which of the following is true of code-law systems?

They sometimes fail to consider agreements to be enforceable unless properly notarized or registered

Arbitration clauses require agreement wherein the concerned parties agree:

To abide by the awards resulting from the arbitration

Which of the following is the most comprehensive multilateral agreement on intellectual property to date and covers a full range of rights that are embodied in current international agreements?

Trade-Related Aspects of Intellectual Property Rights

In which of the following countries is the ownership of IP rights established by prior use?

U.S.

Under common law, the ownership of intellectual property is established by _____.

Use

In the case of arbitration:

the plaintiff and the defendant select a person each to present their case