CE Intellectual Property Protection in Export Markets 1 — Questions and Answers
Question 1: Which international agreement establishes minimum standards for intellectual property protection that all WTO member countries must uphold?
- Paris Convention
- TRIPS Agreement (Correct answer)
- Berne Convention
- Madrid Protocol
Correct answer: TRIPS Agreement
The TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), administered by the WTO, sets minimum IP protection standards binding on all member countries.
Question 2: A U.S. company plans to export products bearing a distinctive logo to foreign markets. What is the MOST important step to protect that logo abroad?
- File a U.S. trademark registration
- Register the trademark in each target export market (Correct answer)
- Apply for an international patent
- Obtain a U.S. copyright for the logo
Correct answer: Register the trademark in each target export market
Trademark rights are territorial, so a U.S. registration provides no protection in foreign markets; separate registration is required in each target country.
Question 3: Which international filing system allows U.S. businesses to seek trademark protection in multiple countries through a single application filed with WIPO?
- Paris Convention Direct Filing
- Patent Cooperation Treaty (PCT)
- Madrid System (Correct answer)
- Hague Agreement
Correct answer: Madrid System
The Madrid System, administered by WIPO, allows trademark owners to file one international application extending protection to over 130 member countries.
Question 4: A U.S. exporter discovers counterfeit versions of its products are being imported into the United States. Which agency can seize those goods at the U.S. border?
- Department of Commerce
- U.S. Patent and Trademark Office
- U.S. Customs and Border Protection (Correct answer)
- International Trade Commission
Correct answer: U.S. Customs and Border Protection
U.S. Customs and Border Protection (CBP) enforces recorded IP rights at the border and has authority to detain and seize counterfeit or infringing goods.
Question 5: What type of intellectual property protection covers the unique ornamental or aesthetic design of a manufactured product?
- Utility patent
- Trade secret
- Design patent (Correct answer)
- Copyright
Correct answer: Design patent
A design patent protects the ornamental appearance of a product, as distinct from a utility patent which covers how the product functions.
Question 6: A U.S. software company exporting its products does NOT need to formally register to receive which type of IP protection for its original source code?
- Patent
- Trademark
- Copyright (Correct answer)
- Design patent
Correct answer: Copyright
Copyright protection arises automatically upon creation of original works, including software code, without requiring formal registration under the Berne Convention.
Question 7: When a U.S. exporter grants a foreign distributor the right to use its technology, what document governs the terms, royalty payments, and permitted uses?
- Letter of credit
- Licensing agreement (Correct answer)
- Agency agreement
- Bill of lading
Correct answer: Licensing agreement
A licensing agreement is the legal contract that defines the scope, duration, royalty terms, and restrictions under which a licensee may use the licensor's intellectual property.
CE Intellectual Property Protection in Export Markets 1
Which international agreement establishes minimum standards for intellectual property protection that all WTO member countries must uphold?