Feedback_2017.doc - UNIVERSITY OF SOUTHAMPTON LAWS3064W1 SEMESTER 2 EXAMINATIONS 2016-17 INTELLECTUAL PROPERTY LAW DURATION 140 MINUTES(2 HOURS 20

Feedback_2017.doc - UNIVERSITY OF SOUTHAMPTON LAWS3064W1...

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UNIVERSITY OF SOUTHAMPTON LAWS3064W1 SEMESTER 2 EXAMINATIONS 2016-17 INTELLECTUAL PROPERTY LAW DURATION: 140 MINUTES (2 HOURS 20 MINUTES) During the first 20 minutes candidates are allowed only to read and make notes on questions. This paper contains FOUR questions. All questions carry equal marks. Answer TWO questions in total. Candidates may bring into the examination room a clean copy of: any unannotated published collection of IP Law Statutes. A ‘clean’ copy will not contain annotations, although it is permissible to highlight or underline parts of the text. In addition, the following materials will be issued in the examination room: Selected provisions of: o The Copyright, Designs and Patents Act 1988; o Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, OJ L167, 10-19; o Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, OJ L 195, 16-25; o Council Regulation (EC) No 207/2009 of 26 February 2009 on the European Union trade mark (codified version), OJ L 78, 1-42, as amended by Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs), OJ L 341, 21- 94; o Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), OJ L 351, 1-32; o Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks, OJ L 336, 1-26. Copyright 2017 v01 © University of Southampton Page 1 of 13
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LAWS3064 A foreign language direct ‘word to word’ translation dictionary (paper version) ONLY is permitted. Provided it contains no notes, additions or annotations. Copyright 2017 © University of Southampton Page 2 of 13
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LAWS3064 1. Combatting the sale of counterfeits (ie goods that – among other things – may infringe third-party intellectual property rights (IPRs)), has proven increasingly challenging in recent times. This is also, yet not only, due to the proliferation of online marketplaces. In light of relevant developments at the EU and UK levels, do you think that the law currently provides adequate protection for UK-based IPR holders to combat the sale of goods that potentially infringe their rights? This question focuses essentially on issues facing online IPR enforcement from the point of view of UK-based rightholders. Although use of the term ‘counterfeits’ might suggest that the focus should be only on trade mark enforcement, use of the phrase
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