CLP International Licensing Flashcards
6 cards from real CLP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 CLP International Licensing flashcards as text
In international licensing negotiations, what does 'governing language' in a contract refer to?
Answer: The language version of the contract that controls in case of translation discrepancies
The governing language clause specifies which language version of the contract is authoritative if translations conflict, preventing ambiguity in multilingual deals.
What is the primary IP risk a US licensor faces when licensing trade secrets to a Chinese manufacturer?
Answer: Inadequate trade secret protection and enforcement in the licensee's jurisdiction
Trade secret protection and enforcement can be weaker or harder to obtain in some jurisdictions, increasing the risk of misappropriation without adequate remedy.
When a licensor grants rights in a territory where it has not filed for patent protection, the licensor primarily relies on which IP right to protect itself?
Answer: Trade secrets and confidentiality provisions in the license
In countries where no patent has been filed or granted, the licensor's only IP protection is through contractual confidentiality and trade secret provisions.
Which WIPO-administered treaty specifically governs international registration of industrial designs?
Answer: The Hague System
The Hague System (Geneva Act) allows a single international application to seek design protection in multiple countries through WIPO.
In an international license, a 'hardship clause' (also called a force majeure clause) protects parties from:
Answer: Liability for non-performance caused by extraordinary events beyond their control, such as war or natural disasters
A force majeure clause excuses performance when unforeseeable events outside a party's control make contractual obligations impossible or impracticable.
The concept of 'national treatment' under TRIPS and the Paris Convention requires WTO/Union members to:
Answer: Give foreign IP owners the same rights and protections as those provided to domestic IP owners
National treatment prohibits discrimination against foreign IP holders, requiring member states to provide them the same legal protections given to their own nationals.