Question 1

A Member State is very concerned about the volume of obscene materials being exported from other Member States to that State. Which of the following grounds set out in Article 36 TFEU can be successfully relied upon by the government of the Member State concerned?

Accepted Answer

A)   The requirements of public policy.
B)   The protection of public morality in a situation where national law prohibits the production and sale of obscene materials in the Member State concerned.
C)   The protection of public morality in a situation where national law allows the production and sale of obscene materials in the concerned Member State but in fact no such materials have ever been produced in that State. B

Question 2

In which of the following circumstances may a Member State be allowed to rely on the precautionary principle?

Accepted Answer

A)   When the potentially dangerous effects of a phenomenon, product or process have been identified by a scientific and objective evaluation, but this evaluation does not allow the risk to be determined with sufficient certainty.
B)   When there is a genuine risk that the product in question endangers public health.
C)   When there is a possibility based on a hypothesis, which may turn out to be flawed, that the product in question might endanger public health but scientific research is contradictory and inconclusive. A

Question 3

In which of the following situations are the intellectual property rights of A, a holder of a trade mark, exhausted?

Accepted Answer

A)   A registered his trade mark in Member State A and has granted a licence to B, to manufacture protected products in Member State B. C, a parallel importer (who has no economic or legal links with A or 
B)   decides to export the protected products manufactured in Member State B by B to Member State A and then to advertise them in accordance with the methods which are customary to his sector of trade.
B)   A registered his trade mark in Member State A and has granted a licence to B, to manufacture protected products in State B, which is not a Member State of the EU. B decides to export the protected products manufactured in State B by B to Member State A.
C)   A registered his trade mark in Member State A and has granted a licence to B, to manufacture protected products in State B, which is not a Member State of the EU. C, a parallel importer (who has no economic or legal links with A or 
B)   decides to export the protected products manufactured in State B by B to Member State A. A

Question 4

In which of the following situations are the intellectual property rights of patentee A exhausted?

Accepted Answer

A)   Patentee A holds a patent in Member State A. He has manufactured and marketed the protected products in Member State A. B, who has manufactured in Member State B products protected by A
B)   Patentee A has registered a patent in Member State A, patentee B has registered a patent in Member State B. The patented products are similar in all respects. A and B are legally and economically independent of each other.
C)   Patentee A holds a patent in Member State A and has granted a licence to B, to manufacture protected products in Member State B. C, a parallel importer (who has no economic or legal links with A or 
B)   decides to export the protected products manufactured in Member State B by B to Member State A (C hopes to make a profit because in Member State A the protected products sell for higher prices than in Member State 
B)

Exam 19: Derogations From Articles 34 and 35 TFEU Listed in Article 36TFEU and Justifications Based on Mandatory Requirements

A Member State is very concerned about the volume of obscene materials being exported from other Member States to that State. Which of the following grounds set out in Article 36 TFEU can be successfully relied upon by the government of the Member State concerned?

In which of the following circumstances may a Member State be allowed to rely on the precautionary principle?

In which of the following situations are the intellectual property rights of A, a holder of a trade mark, exhausted?

In which of the following situations are the intellectual property rights of patentee A exhausted?