INTERNATIONAL INTELLECTUAL PROPERTY
FINAL EXAMINATION
PROFESSORS HIARING & GLENN
FALL 2002
Thursday, December 12
1. This is a closed book exam. You may refer only to the supplement included in your
exam packet. No other materials are allowed.
2. You have three (3) hours to complete this exam.
3. There are two (2) essay questions on this exam, each worth 50 points, for a total of 100
points.
4. Please use a separate blue book for each question.
5. Write your exam number on your exam envelope, at the top of this exam question packet
and on all used blue books. Do not use your name, student ID number, or Social Security
Number on any exam materials.
6. At the conclusion of the exam, return all test materials, including blue books, scratch paper,
and this exam question packet to the envelope and submit it to the proctor.
ESSAY QUESTION 1 (50 points)
You are a successful patent attorney with a small practice in San Francisco, California.
Your client, a world famous Transylvanian doctor, has asked for your advice in protecting
his invention. He has discovered an herb in the Carpathian mountains of Transylvania.
He has isolated a genetic component of the herb which he uses in conjunction with
various electronic machinery to treat his patients.
Surprisingly, his treatment is so effective he's been able to reanimate the dead. He's even
been able to animate assemblages of his own creation. This has brought him much fame
and notoriety.
While his laboratory has never been open to the public and he has not published any
papers about his work, he has shown one of his reanimated assemblages at a trade show in
New York City. A news clip of the trade show, including the reanimated assemblage, was
shown on ABC World News Tonight. Both the broadcast and the trade show took place
18 months ago.
Your client would like to commercialize his invention and he considers intellectual
property protection to be essential.
After he has left, you notice that he's forgotten a copy of Mary Shelley's book,
Frankenstein, in your office.
Please develop a strategy for your client that addresses the following:
1. The various inventions that may be patented (be creative).
2. Whether there would be any difficulty in obtaining patent protection for any of
these inventions in any countries who are signatories to the TRIPS treaty and, if
so, why?
3. Whether he would have any difficulty enforcing and maintaining exclusive use of
his patents once the issue.
4. The effect of Transylvania's claim to the herb under its biodiversity and cultural
heritage law.
ESSAY QUESTION 2 (50 points)
Please use a separate blue book for this question.
Your client is concerned with protecting traditional Chinese patrimony, including a folk tale about a
young girl who passes as a man to serve in her elderly father's place as a warrior in the Emperor's
army. In particular, Walt Disney wishes to make a cartoon film called "Mulan". Your client is
concerned that the elements of the tale based on filial duty will be misinterpreted by Disney,
because the plot features a romance between the heroine and her commanding officer, an animated
dragon, an important symbol in Chinese culture, for comic effect, and a threat of execution of the
young girl for dramatic effect.
Your client also wishes to know if it can make or authorize a more culturally sensitive film based on
the traditional Chinese story if Disney makes its film.
Who owns the rights to the folk tale which Disney and your client wish to film? The Chinese
people? The Chinese government?
Does U.S. copyright law protect such traditional tales? U.S. trademark law?
Could laws to protect such folklore be enacted consistent with the Berne Convention and TRIPS?
What would the features of such legislation be? Discuss the public policy interests encouraging public
domain access to non-protected works, as well as the public policy interests in protecting patrimony
from exploitation and dilution. Discuss also trademark and trademark-like rights that could protect
folklore.
In addition, note where such laws would need to be enacted for enforcement purposes. In China?
In China only? In China and the U.S.? In all countries worldwide? How could agreement on such
protection be reached? Give practical suggestions on enforcement strategy, assuming legislation to
protect such folklore is possible.
END OF EXAM