Friday, 2 August 2013

International Commercial Law - 10

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

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

Multiple Choice Multiple Answer
Question Classification of contracts by it's validity are
Correct 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

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

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

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

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

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

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

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

Multiple Choice Single Answer
Question The customer and manufacture has no
Correct 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

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

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

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

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

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

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

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

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



Multiple Choice Multiple Answer
Question The shipping document consist of mainly
Correct 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

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

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

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

Multiple Choice Single Answer
Question Arbitration under the Rules of ICC is open to
Correct 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

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

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

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

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

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

Multiple Choice Single Answer
Question The trading Invoice should state the
Correct 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

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









Multiple Choice Single Answer
Question If the carriage of goods by sea are carried in bulk, e.g. coal, oil, grain, the shipper may hise a whole vessel i.e.
Correct Answer charter party

Multiple Choice Multiple Answer
Question A retardation is the machinary to settle the dispute in most
Correct Answer Convient manner , Speedist manner , cheaper manner

Select The Blank
Question The expression stale bill of lading is used in ________ practice
Correct Answer banking

True/False
Question In the case of a confirmed credit, the engagement of the advising bank to the beneficiary is not stated in the letter of advise.
Correct Answer False

True/False
Question In practice revocable credits are not widely used and irrevocable credits are in frequent use.
Correct Answer True

Select The Blank
Question Broadcasting is considered to be ________ by wireless telegraphy capable of being lawfully received by members of pubilc.
Correct Answer transmission

Match The Following
Question Correct Answer Your Answer


Legalprotection of computer software Trade secreat system Computer work
Expressionof thought Original work Original work
Not entitled for copyright protection A mere idea A mere idea
Novels, drama, poetry Literary work Literary work



Select The Blank
Question An implied contract is one which is inferred from the ________ of the parties.
Correct Answer Conduct

True/False
Question A patentee or his licensee is not granted exclusive right to exploit the invention
Correct Answer False

Multiple Choice Single Answer
Question The cost of marine insurance shall be borne by the seller or by the buyer normally provided by the
Correct Answer Terms of the contract of sale

Select The Blank
Question The assured can insure a consignment of goods from Pune to Birmingham provided these place are________in the marine policy as the commencement and destination of the transit
Correct Answer Named

True/False
Question Arbitration has a contract and non judicial element.
Correct Answer False

Select The Blank
Question The shipper is entitled to demand that the bill of lading should be________ correctly
Correct Answer dated

True/False
Question The expression literary work covers work which is expressed in print or writing irrespective of whether the quality or styal is high
Correct Answer True

Multiple Choice Single Answer
Question The Slip is lodged at
Correct Answer Insurance company

True/False
Question The arbitrator as a private judge may not be absolutely impartial.
Correct Answer False

Multiple Choice Single Answer
Question One of the parties to the marine insurance is Known as
Correct Answer Assured

True/False
Question In the case o fliterary work like encyclopedia dictionaries, year books etc., i.e. where there is collective work and output, there is a joint authorship.
Correct Answer False

Multiple Choice Single Answer
Question The Society Lloyd's has members like
Correct Answer Underwriting

Multiple Choice Single Answer
Question The work under the copyright Act should be
Correct Answer originated from the author

Select The Blank
Question Contracts created by law are called ________.
Correct Answer Quasi contract

Multiple Choice Multiple Answer
Question The root requirement in creating the work is
Correct Answer sufficient skill, fudgement and labour , selection indgement and experience , selection labour, skill and capital

Multiple Choice Multiple Answer
Question The letter of cradit should state which of the methods have been chosen by the parties namely,
Correct Answer Acceptance or negotiance , Payment at sight , Deferred payment

Multiple Choice Single Answer
Question If the goods are sold on the c.i.f.terms, the duty to take out the policy and pay the cost of insurance is of
Correct Answer Seller

Multiple Choice Multiple Answer
Question The exclusion clauses covers
Correct Answer War exclusion clause , Strike exclusion , Loss or damage caused by any terrorist

True/False
Question The principles relating to the ordinary letters of credit dosen't apply to standby credits
Correct Answer False

Multiple Choice Single Answer
Question If the parties have arranged a payment at sight credit, the advising bank is instructed to arrange for the payment
Correct Answer to the seller, due on presentation of their documents

Multiple Choice Single Answer
Question Patent once granted for an invention is an intellectual property which remains in force for a
Correct Answer Specific period of time

Multiple Choice Multiple Answer
Question Following conventions establish international filing system
Correct Answer European Patent Convention , Patet Cooperation Treaty , Madrid Agreement for Trade Mark

True/False
Question Under through Bills of Lading Covering on Carriage by air, the air consignment is a document of title but bill of lading is not.
Correct Answer False

Select The Blank
Question Under f.o.b contract the cost of loading is usually included in the ________charges which are to paid by the buyer
Correct Answer Freight

Select The Blank
Question Copyright protects the ________ of an idea rather than the idea itself.
Correct Answer expression

True/False
Question If the document is merely a receipt, the Hague-Vishy Rules apply.
Correct Answer False

Select The Blank
Question The commercial aims of the parties to the copntract are defeated not by their fault but by force of ________circumstrances
Correct Answer Supervening

Multiple Choice Single Answer
Question If the seller requires payment before the deferred payment credit matures, he can obtain it by
Correct Answer Negotiating the Letter of Credit

Select The Blank
Question The clause Arrival means that the seller has to cause delivery to be madeto the buyer from the ________
Correct Answer Ship



True/False
Question Arbitration in the socialist countries are similar in some respects from that in the countries of free economy
Correct Answer False

Multiple Choice Single Answer
Question Paries to an agreement may restrict the the right of either party to issuing
Correct Answer Particular court

Multiple Choice Multiple Answer
Question Where payment under a letter of credit is arranged, the stages can normally be distinguished
Correct Answer The exporter and the overseas buyer agree in the contract of sale that payment shall be made under a letter of credit , The overseas buyer instructs a bank at his place of business to open a letter of credit , The advising bank informs the exporter that it will negotiate, his draft upon delivery of the transport document

Multiple Choice Single Answer
Question To avoid anything in the nature of set off or counter claim, a letter of credit is given by a
Correct Answer Bank to the seller

Select The Blank
Question If the carrier or his agent negligently misdates the bill, the carrier as principal is liable in________
Correct Answer damages

Multiple Choice Single Answer
Question The UNCITRAL Conciliation Rules, like the Arbitration Rules, apply only of the parties have
Correct Answer Adopted them

Match The Following
Question Correct Answer


India is a signatory and indeed a founder member GATT
World Trade Organisation Member India
Intellectual Property Rights Agreement (TRIPS)_ India, a party
Duration of 20 years for patents TRIPS agreemnt



Multiple Choice Single Answer
Question Industrial design is design elements in
Correct Answer Industrial produced articles

Multiple Choice Single Answer
Question If no request for conciliation is made or the conciliation fails, the dispute proceeds to
Correct Answer Arbitration

Multiple Choice Multiple Answer
Question Literary work also covers secondary work on existing sources provided that it in turn involves literary
Correct Answer Skill , Labour , Judgement

No comments:

Post a Comment