CE Intellectual Property Protection in Export Markets 3

Question 1

A U.S. company discovers a foreign firm is using its patented manufacturing process without authorization. What is the MOST effective first step to address this infringement?

Accepted Answer

Engage local legal counsel to send a cease and desist letter

Answer

IP enforcement is governed by local law in each jurisdiction, so engaging qualified local counsel to issue a cease and desist letter is typically the fastest and most effective first action.

Question 2

Which export licensing strategy BEST protects a U.S. company's proprietary technology from unauthorized use by a foreign manufacturing partner?

Accepted Answer

Using a limited license with defined scope, quality controls, and audit rights

Answer

A limited license with clearly defined scope, quality control requirements, and audit rights allows the IP owner to maintain control while restricting unauthorized applications of the technology.

Question 3

What is 'trade dress' and why is it relevant to U.S. exporters?

Accepted Answer

The distinctive visual appearance of a product or its packaging that signals the brand's source to consumers

Answer

Trade dress refers to the overall visual image and appearance of a product or packaging that identifies its source, and it can be protected as a form of trademark in domestic and foreign markets.

Question 4

A U.S. pharmaceutical exporter is selling branded drugs to developing countries. Which international framework allows those countries to issue compulsory licenses for generic production in public health emergencies?

Accepted Answer

TRIPS Agreement Flexibilities affirmed by the Doha Declaration

Answer

The Doha Declaration on TRIPS and Public Health affirmed that developing countries may use TRIPS flexibilities—including compulsory licensing—to produce or import generic medicines for public health needs.

Question 5

A U.S. exporter's specialty chemical formula is protected as a trade secret. What is the BEST practice when working with overseas contract manufacturers?

Accepted Answer

Include trade secret protection clauses in contracts and limit disclosure to a strict need-to-know basis

Answer

Trade secrets are best protected by combining strong contractual obligations (NDAs, manufacturing agreements) with operational controls that minimize the number of people with access to the confidential information.

(CE) Certified Exporter Practice Test

(CE) Certified Exporter Practice Test

CE Intellectual Property Protection in Export Markets 3