UiB : Juridisk Fakultet : eksamen : valgemner

 

Pensum

 

International and European Copyright Law (JUS341)

 

Spring 2008:

 

Exam questions

Please motivate your answers!

 

Prof. P. Bernt Hugenholtz

  1. Describe three typical ‘copyright’ features of the US Copyright Act. Also describe three typical ‘author’s right’ features of the French, German, Norwegian or other continental-European national law of your choice.

  2. Mag Instruments, Inc., a company established in Ontario, California (USA) produces the popular and beautifully designed ‘Maglite’ flashlight series (see illustration below).

 

 

To its horror Mag discovers that exact copies of its Maglite flashlights (but not bearing the ‘Maglite’ trademark) are being sold at the Clas Ohlson hardware store in Bergen.

  1. Can Mag successfully invoke copyright protection of its flashlights before a court in Bergen? Assume that under US copyright law the design of a ‘useful article’ is not protected by copyright, but that special design protection is available in the US.

  2. If your answer to (1) is no, where else might Mag sue, possibly more successfully?

  1. The Islamic Republic of Iran is not a member of the Berne Union. Name two situations in which Iranian authors are nonetheless protected by copyright in Berne Convention states.

  2. While adopting the Berne Convention minima as a base line, the TRIPS Agreement comprises various ‘Berne-plus’ elements. Which are these?

  3. Imagine that Venezuela, a member of the Berne Union since 1982 and of the WTO since 1995, would decide to become a communist country, and abolish copyright protection for computer programs. Would Venezuela be allowed to do this? What, if anything, could the United States or Microsoft do to prevent American software copyrights from being expropriated?

  4. What is the difference in EU law between a ‘Directive’ and ‘Regulation’? What is the main purpose of harmonising copyright in the EU? For what reason(s) was the protection of computer programs the first on the European legislature’s harmonisation agenda? Why are computer programs protected as ‘literary works’?

  5. What does the term ‘sui generis’ mean? Name three important differences between copyright protection of databases and the sui generis database right. Is the database right subject to the MFN rule under the TRIPS Agreement?

  6. Which of the following compilations do you consider databases protected by sui generis database right and/or copyright? Indicate (briefly) why or why not.

  1. A student guide listing the cheapest restaurants in Bergen;

  2. A list of the best football players in Norway;

  3. A list of all examination results of UiB students for the year 2007-2008;

  4. A schedule of cultural events in Bergen during the summer of 2008, compiled and published by the BT (Bergen newspaper).

Autumn 2007:

 

  1. Explain the main differences between author’s rights & copyright systems. Describe three typical ‘copyright’ features of the US Copyright Act. Also describe three typical ‘author’s right’ features of the French, German, Norwegian or other continental-European national law of your choice.

  1. What are neighbouring rights? Who are protected by neighbouring rights? Are neighbouring rights protected under (a) the Berne Convention and/or (b) the TRIPS Agreement?

  1. What is ‘national treatment’? Is it the same as the ‘Most Favoured Nation’ rule of the TRIPs Agreement? Name two exceptions to the rule of national treatment in the Berne Convention. Assume that copyright protection for products of industrial design does not exist in Italy. Would a German court be obliged to grant copyright protection to an Italian designer seeking protection in Germany?

  1. Until 1989 the United States were not a party to the Berne Convention, and before 1954, when President Eisenhower ratified the Universal Copyright Convention, not to any international copyright treaty at all. So, one might conclude, there was no protection for US works in foreign countries until 1954. Is this true?

  1. Hypothetical

 

One of the expected highlights of the International Documentary Festival of Amsterdam (IDFA), which will take place in Amsterdam during the last week of November, is a scheduled showing of a documentary on daily life in Iran, made in Teheran by Iranese filmmaker Cyrus Palavi in 2006. The film contains remarkably critical commentary of the current regime in Iran. It has never been shown before in public, except at a small film festival in Calcutta (India) in February 2007. Last week the IDFA organisers received a fax from Teheran, signed by Palavi, stating that he, regrettably, has decided not to permit the screening of his documentary. The organizers are, of course, extremely disappointed, and are keen on showing the film, of which they had already received a copy through the Calcutta festival organisers, even without Palavi’s permission. The organisers seek expert advice from an expert in international copyright law. What will you advise them?

 

  1. While adopting the Berne Convention minima as a base line, the TRIPS Agreement comprises various ‘Berne-plus’ elements. Which are these? Does TRIPS contain any ‘Berne-minus’ elements?

  1. Can the German distributor of the DVD ‘The Hills have Eyes 2’ prevent (so-called parallel) imports into Germany of DVD’s of the same film that were manufactured in Slovakia (an  EU Member State) under license of the American copyright holder? What if the parallel imports come from the United States? What if the movie is offered to German consumers from a licensed website in Slovakia (as a download-service over the Internet)?

  1. What is a ‘Directive’?  What is meant by the term ‘acquis communautaire’? What is the main purpose of harmonising copyright in the EU? For what reason(s) was the protection of computer programs the first on the European legislature’s harmonisation agenda? Why are computer programs protected as ‘literary works’?

  1. What does the term ‘sui generis’ mean? Name three important differences between copyright protection of databases and the sui generis database right. Is the database right subject to the rule of national treatment under the TRIPS Agreement?

  1. Which of the following compilations do you consider databases protected by sui generis database right and/or copyright? Indicate (briefly) why or why not.

    1. A list of the best restaurants in Bergen;

    2. A list of the highest-scoring football players in Norway;

    3. The public telephone directory of Telenor;

    4. Last Sunday’s BT (Bergen’s newspaper);

    5. A schedule of cultural events in Bergen during the summer of 2007, compiled and published by the Bergen Tourist Board.

 

All questions to be answered.

 

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Sist oppdatert 07. oktober 2008 av TEG
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