THE UNIVERSITY OF THE WEST INDIES

EXAMINATIONS OF JANUARY

201 1

CODE AND NAME OF COURSE : LAW 6470 — Advanced Intellectual Property Law

DATE AND TIME :

January, 2011 at

o'clock (AM/PM)

DURATION : 3 HOUR S

INSTRUCTIONS TO CANDIDATES : This paper has 2 pages and 10 questions .

Answer FOUR (4) questions PROVIDED THAT ONE (1) question must be answered fro mEACH SECTION. Candidates will be graded on this exam out of a maximum total of 75 points .The Assignment score (out of a maximum of 25 points) will complete the total score out of 10 0points .

SectionA

1. Discuss the world-wide significance of the recognition of the tort of Appropriation o fPersonality in the Robert Marley Foundation v Dino Michelle . In what ways, if any, should theparameters of the tort be limited?

2.

In order to be well-prepared for trade mark litigation, what are some of the important issue an dchoices which a trade mark owner will need to bear in mind?

3.

(Answer both (a) and (b))

(a) Does the increasing recognition of geographical indications mean that they wil lbecome more important than trade marks? Explain how this might b edangerous .

(b) Explain the significance of "Parallel Imports" and whether they are a good o rbad thing for trade mark owners and for consumers .

PLEASE TURN OVERThe University of the West Indies

Page 2

SectionB

4.

(Answer both (a) and (b))

(a) Discuss the problem of "orphan works" in copyright law and the possibl esolutions for the problem .

(b) Is there an optimal duration for copyright protection? If yes, what should theduration be?

5.

Explain how copyright issues may influence the terms of contract in the music and fil mindustry.

SectionC

6. Which justification theories for the protection of Intellectual Property Rights hold most appealfor you? How do these theories assist in resolving issues which arise throughout the study o fIntellectual Property Law?

7.

Discuss the important copyright issues in the age of the Internet.

8 .

Discuss the major International Treaties and Agreements concerning Intellectual Propert yRights and their current relevance .

SectionD

9.

Discuss why the law of Patents is so political in the 21 st century.

10 .

Should there be a general "Third World perspective" towards Intellectual Property Law . If so ,what should be the main focus of this perspective?

END OF PAPER