Download Trips Agreement - World Trade Law - Past Paper and more Exams Law in PDF only on Docsity! World Trade and World If Law and Institutions FINAL EXAMINATION William O .Hennessey DIRECTIONS: Select three (3) of the following five (5) questions (40 minutes for each question) : I . I low do the TRIPS Agreement and related WTO mechanisms work, and how effective are they, in allowing countries at different levels of development to formulate and implement domestic intellectual property policies which reflect their own evolving national situations? Please explain with specific examples, using the text of the Agreement and the cases and situations in this course where it has been applied . 2. What is the formal relationship between Article XX (and specifically Article XX(d)) of the GATT and the text of the "I RIPS Agreement? What does this relationship tell us about the state of international intellectual property law as it relates to international trade? The relevant text of Article XX(d) is as follows : Article XX General Exceptions Subject to the requirement that such measures are not applied in a manner which would constitute a means ofarbitrary or unjustifiable discrimination between countries where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any contracting party ofmneasures : . . . (d) necessary to secure compl jail Ce w i tli laws or regu I at ion s which are riot inconsistent with the provisions of this Agreement, including those relating to customs enforcement, the enforcementofmonopolies operated tinder paragraph 4 of Article II and Article XVII, the protection of patents, trade marks and copyrights, and the prevention of deceptive practices ; May 12 . 2005 This is a two-how- examination . (3 hours for qualified ESI, speakers) Students are allowed to bring any materials they wish into the examination except laptop computers or writable memory devices . Students may not "borrow" materials from, speak to, or ask assistance of one another during the examination . Answers should be written in a blue exam booklet. Do not put your name or any other identifying device on your exam booklet --just your exam number. Do not write "MI P," "2L" . or "Class of `06" etc. on the booklet. You should keep your answers BRIEF AND TO THE POINT, but there are no page limitations. Your answer must be your own work . Do not copy into your answer long passages from texts or slides for this course . Write on one side of a bluebook page cuts -
