Discussion Question 1: Intellectual Property
Read the Comite Interprofessionel du Vin de Champagne v. Wineworths Group, Ltd.2 N.Z.L.R 432 (1991), case. On the basis of your reading, answer the following questions:
- What are the facts of the case?
- What is the main issue?
- How does the court resolve this issue? What is its rationale?
- Do you agree with the court's reasoning in this case? Why or why not?
- Would the plaintiff be able to win a similar case in the U.S.? Explain your answer.
Discussion Question 2: Licensing Agreement
Assume a major U.S. manufacturer of denim jeans contracts with a Brazilian company to manufacture and sell the jeans. The U.S. manufacturer discovers that the Brazilian company is using a lower grade of material for the jeans than specified in the contract. What remedies are available to the U.S. manufacturer under the ITC Model Contract for the International Supply of Services? What provisions would you add for the U.S. client regarding the licensing of intellectual property to the Brazilian company? Support your answer with appropriate reasons.