Saturday, December 25, 2010

International Commercial Law - 1

This solved paper has been contributed by Raul Castro

THANKS TO :
Raul Castro
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LIST OF ATTEMPTED QUESTIONS AND ANSWERS


Multiple Choice Multiple Answer
Question The Indian Court have summed up the following ingredients or elements to settle the questions of similarity of two marks.
Correct Answer Overall construction , Phonetic Similarity , The overall similarity
Your Answer Phonetic Similarity , The overall similarity , Implication of mark


Multiple Choice Single Answer
Question Legal status of protection of trade mark can be acquired either by
Correct Answer Prolonged use of trade mark by registration
Your Answer Prolonged use of trade mark by registration


Multiple Choice Multiple Answer
Question Classification of contracts by it's validity are
Correct Answer Voidable contract , Illegal contract , Unenforceable contract
Your Answer Voidable contract , Illegal contract , Unenforceable contract


Multiple Choice Single Answer
Question The very purpose of a mark is to
Correct Answer Distinguish the goods of service from another
Your Answer Distinguish the goods of service from another


True/False
Question Once registered with WIPO, a Trade Mark is protected in each member country
Correct Answer True
Your Answer False


Multiple Choice Single Answer
Question A contract in which the parties agree that a false invoice be isued is
Correct Answer Unenforceable by Law
Your Answer Illegal in Law


Select The Blank
Question In legal phraseology there is no privity of ________ between customer and manufacturer
Correct Answer Contract
Your Answer Contract


True/False
Question The frustration occures whenever the Law recognizes that with default of either party a contractual obligation has become incapable of being performed
Correct Answer True
Your Answer False


True/False
Question If certain occures which are beyond their control such clauses are known as force Majeure Clauss
Correct Answer True
Your Answer True


True/False
Question Once there is non disclouser, be it fraudulent negligient or innocent, the aggrieved paryt is entitled to elect whether he would avoid or affirm the contract
Correct Answer True
Your Answer True


Multiple Choice Single Answer
Question The legal principle that the Bank is entitled ro reject documents which do not strictly confirm with the terms of the credit is the
Correct Answer Doctrine of strict compliance
Your Answer Doctrine of strict compliance


True/False
Question Invented words, coined words, fancy words are all synonymous terms.
Correct Answer True
Your Answer False


Multiple Choice Single Answer
Question The most frequent method of payment for goods is the export trade is
Correct Answer Letter of credit
Your Answer Letter of credit


Multiple Choice Single Answer
Question The customer and manufacture has no
Correct Answer Privity of Contract
Your Answer Privity of Contract


Multiple Choice Multiple Answer
Question NewZealan prohibits and restricts certain types of paking like
Correct Answer The use of hay , The use of chaff , The use of rice husk
Your Answer The use of hay , The use of chaff , The use of rice husk


Multiple Choice Single Answer
Question In a contrat between A, B Of Bombay and Banglore respectively it may be provided that all dispute between them should be decided by a court in Bombay. Therefore in case B files a suit in Banglore, A may Sucessfully objected to the
Correct Answer Juridication of courts in Banglore
Your Answer Juridication of courts in Banglore


Select The Blank
Question The invoice ________is to be stated as the terms of the contract
Correct Answer Price
Your Answer Price


True/False
Question The buyer is entitled to refuse the acceptance of the goods if they are packed in accordance of his instructions
Correct Answer False
Your Answer False


Select The Blank
Question In some cases, the transaction may not involve a sale. The product may have been ________ or loaned by the owner
Correct Answer Leased
Your Answer Leased


Multiple Choice Multiple Answer
Question The following may not be treated as invented words.
Correct Answer Misspelling , Compounding of existing descriptive word , Words framed by mere addition of adjective prefixes or suffixes
Your Answer Misspelling , Compounding of existing descriptive word , Words framed by mere addition of adjective prefixes or suffixes


Match The Following
Question Correct Answer Your Answer

The most important institution for the arbitral settlement of International trade disputes The ICC court The ICC court

The administrative and financial regulations ICSID ICSID

European Arbitration Sponsored by the UN economic commission Sponsored by the UN economic commission

The London court of International arbitration Sponsored by Chartered Insitute of Arbitration Sponsored by Chartered Insitute of Arbitration



True/False
Question Purchasers cannot try out drugs to determine whether they kill or cure
Correct Answer True
Your Answer True


Multiple Choice Single Answer
Question The single most important document in International Trade and forms the very basis of a large volume in international trade is
Correct Answer L/C
Your Answer L/C


Match The Following
Question Correct Answer Your Answer

Application for Registration of Trademarks office of Trademark Registry Procedure for registration of trade mark

Purpose of mark Distinguish the goods of one trader from those of another Distinguish the goods of one trader from those of another

Application for registration under the Trademark Act, 1999 Trademark Single application

Registration of Trademarks Single application office of Trademark Registry



Multiple Choice Multiple Answer
Question In stand by letters of credit, the bank may also be instructed to authorise another bank against the stipulated documents to
Correct Answer Pay bills of exchange , Accept bills of exchange , Negotiate bills of exchange
Your Answer Pay bills of exchange , Accept bills of exchange , Negotiate bills of exchange


Multiple Choice Single Answer
Question The law relating to letters of credit is founded on the principle of
Correct Answer The doctrine of strict performance
Your Answer The doctrine of strict compliance


Select The Blank
Question A ' would be patentee may endanger his own chances by any sort of publicity ________ registration of a patent
Correct Answer Before
Your Answer Before


Multiple Choice Multiple Answer
Question The shipping document consist of mainly
Correct Answer A clean bill of lading , Amarine insurance policy , The invoice
Your Answer A clean bill of lading , Amarine insurance policy , The invoice


Select The Blank
Question The________ expoter has no locas standi under GATT
Correct Answer Individual
Your Answer Individual


Multiple Choice Multiple Answer
Question Following word marks other than surnames are registerable. They are
Correct Answer Personal names , Geographical names , Names of sect
Your Answer Personal names , Geographical names , Names of sect


Multiple Choice Single Answer
Question The law of product safety is
Correct Answer Regulatory law
Your Answer Regulatory law


Select The Blank
Question The marine insurance covers all riskof loss or damage to the subject - matter insured except ________clauses
Correct Answer Exclusion clauses
Your Answer Exclusion clauses


Select The Blank
Question The rights of the copyright ________ may be roughly classified into reproduction rights and performing rights.
Correct Answer owner
Your Answer owner


Multiple Choice Multiple Answer
Question The following attracts copyright once the choice and arrangement of source material is more than mimimal,I.e a piece of
Correct Answer Historical writing , A new report , A selection of poetry
Your Answer Historical writing , A new report , A selection of poetry


Multiple Choice Single Answer
Question Arbitration under the Rules of ICC is open to
Correct Answer Members and non members
Your Answer Members and non members


Select The Blank
Question The impact of appeal to the consumers has been the________of the sales
Correct Answer Black bone
Your Answer Black bone


True/False
Question The open cover may be limited in time while the floating policy is normally limited to twelve months
Correct Answer True
Your Answer True


Select The Blank
Question The unpaid seller has also a ________ interest in them untill the buyer is deemed to have accepted the goods
Correct Answer Defensible
Your Answer Compound


Multiple Choice Multiple Answer
Question Dramatic work includes
Correct Answer work of dance and mine , the scenario for a film , the script for a film
Your Answer work of dance and mine , the scenario for a film , the script for a film


Select The Blank
Question The ICC Court of arbitration its seat at the headquarters of the ICC in________
Correct Answer Paris
Your Answer Paris


Select The Blank
Question An issue of bill of lading who deliberately backdates it in order to bring it within the shipment time in the credit, acts ________
Correct Answer frandulently
Your Answer frandulently


Select The Blank
Question The ________ of the product concept is the first and in many ways most important safety functions of manufacturers.
Correct Answer Formulation
Your Answer Formulation


Multiple Choice Single Answer
Question The marine insurance policy or the marine insurance certificate forms a part of the
Correct Answer Shipping Document
Your Answer Shipping Document


Multiple Choice Single Answer
Question The rights which enable the proprietory of the trade mark to the exclusive use of that trade mark in relation to the goods for which it is registered is
Correct Answer Statutory rights
Your Answer Statutory rights


Multiple Choice Single Answer
Question The trading Invoice should state the
Correct Answer Name and addresses of seller and buyer
Your Answer Name and addresses of seller and buyer


True/False
Question Product liability and product safety are the phrases used to describe the law concerning product-related accidents and illness
Correct Answer True
Your Answer True


True/False
Question In the case of joint authorship, the term of copyright is in relation to the author who dies first
Correct Answer False
Your Answer False


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