2009年欧盟- 国际法选修单元C2单位一考试试题
单元C2: 国际贸易 Module C2: International Trade
Title of Cour: Law of Intellectual Property
Lecturer: Prof. Marie-Christine Jansns
Note: The exam is NOT an open-book exam. Students are only allowed to u the ‘Legal Text Book’ they have received and a dictionary.
Question 1
Your client, Digi, is the proprietor of a UK trade mark consisting of a stylid version of the word 'Digi' for 'microcomputer hardware and microcomputer software programs for u in communications between digital electronic devices' (e picture), as well as the word mark DIGI INTERNATIONAL for 'microcomputer hardware and software for data communications'.
7巧板
It comes to the attention of your client that a company named ‘Digipos’ has applied to register as a community trademark the sign DigiPos as word mark and figurative mark (e picture below) for 'computer hardware, computers, rvers, point-of-sale terminals, communications and networking systems, keyboards, display terminals, printers, proofing and encoding apparatus, document scanners, bar code scanners, computer software for u in the retail industry'.
The application was published in the Community Trade Marks Bulletin of 15 August 2009.
Your client maintains that on account of the similarity of the respective marks, action should be taken against this CTM application. You are asked to investigate possible ways and grounds for action(s) that Digi could take.
(provide your reasoned decision taking into account the ca-law of the Court of Justice; do also anticipate, and evaluate, the arguments DigiPos may rai as a defence).
Question 2
A French engineer designed a telecommunications tower. After the tower was built in Paris, hairline cracks appeared, causing the owner to fear that the tower might collap. The owner modified the external structure of the tower to reinforce it. The engineer sued for breach of his copyright, including his moral rights.
2.a. Discuss the relevant legal issues, and possible arguments of the two parties
2.b. Would your analysis be different if the tower had been built by an US engineer in the US and, if so, explain why.
Title of Cour: Relationship between Intellectual Property and Computer Law
Lecturer: Prof. Jos Dumortier
Note: clod-book exam
调度员
Question 1
菊花绘画
The European Council Directive 91/250/EEC of 14 May confirmed the legal protection of computer programs as literary works within the meaning of the Berne Convention for the Protection of Literary and Artistic Works but introduced at the same time a ries of specific provisions that are only applicable to computer programs. Plea describe the relationship between this specific copyright protection regime for computer programs and the general copyright protection for literary works.
Question 2
The Directive 96/9/EC of the European Parliament and the Council of 11 March 1996 introduced a “sui generis” right to protect the makers of a databa against re-u and extraction. Plea evaluate this protection regime (don’t re-explain the regime in detail but try to write down your own evaluation of this protection regime).
Title of Cour: Transport Law
Lecturer: Prof. Susan-Gale Wintermuth
Note: clod-book exam
Facts:
孕妇梦见桃子
肠子打结Buyer Prof. Bruha signed a contract for the purcha of Chine widgets from Seller Prof. Fang for 100.000 Euros CFR (Incoterms 2000) Hamburg. They were in China when they signed the contract. The contract provided that any dispute would be heard in the UK and German law would apply. Assume Germany has the CISG with no rervation. China has the CISG with an article 95 rervation. The UK is not a contracting state.异形契约百度云
also的同义词
The contract required ller to forward a properly endord negotiable bill of lading to buyer, who would u it as collateral (curity) for a loan from Simba Bank; the Bank would wire the payment directly to ller.
The widgets were manufactured in the south of China and then delivered to ller in Beijing; he then packaged them and arranged with a freight forwarder for transport to Hamburg, Germany (a aport). They were not packaged well and as a result, they could
be subject to water damage, but only if an unusual amount of water were taken onboard – for example, through a vere storm at a. Otherwi, the packaging was probably sufficient.
After the goods were delivered to the carrier and loaded onboard, the ller received the bill of lading. It read, “Pay to Fang”; he signed it on the rever side and added “pay to Prof Bruha”. He delivered it to buyer, who delivered it to the Bank to hold as collateral.
