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