IBMBL112R1 Exam

Instructions
Business Law IBMS Regular, year 1, block 1, regular exam

Before you start, please read the following instructions carefully.

i)

First verify whether all pages have the correct code: IBMBL112R1
Exam. After that, verify whether pages are missing.

ii)

Illegible/undecipherable answers will not be taken into account, so

writing legibly is a requirement. Use proper English.

iii)

Unless explicitly stated otherwise, the answers to the open questions

always need to be properly supported by argumentation. Take into
account that the argumentation is (usually) far more important than
the actual answer.

iv)

All questions should be answered in accordance with Dutch law

(even if no Dutch parties are involved and even if the scenario takes
place in another country!), unless explicitly stated otherwise.

Good luck!

B. van der Flier, LL.M. & J. Noordegraaf, LL.M. & P. Zonneveld, LL.M.>

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IBMBL112R1 Exam

Grand Theft Auto V [40 pts total]

On the 17th of September 2013 Grand Theft Auto V (henceforth: GTA V) was released. GTA V
is an open world action-adventure game developed by Rockstar North and published by
Rockstar Games. The game is available on the PlayStation 3 and the Xbox 360. Actual
development of the game already started shortly after the release of GTA IV in 2008. In the
end, the (development plus marketing) budget of GTA V was approximately US$ 265
million.1
The game is set in the fictional state of San Andreas, which is inspired by Southern
California. Most of the game takes place in the city of Los Santos, which, unsurprisingly, is
modelled after Los Angeles.
The game is played from the perspective of three different characters. These characters
embark on a large variety of adventures (repossessing cars, stealing cars, assassinating
people, rescuing people, destroying property etc.). Many different vehicles can be used:
bicycles, cars, trucks, buses, boats, helicopters and aeroplanes. One of the main goals is to
make money whilst escaping from/evading the authorities.
The game received widespread critical acclaim and became the fastest-selling game in
history, by generating more than $ 800 million in revenue during the first 24 hours after
release.2 Dutch game developer Arthur Woudman wants to start his own PlayStation game
studio because he has a devious plan: he is going to give his own twist to GTA V and make
loads of money! He already has a name for his studio: PlayStationGames. He wonders what
he can do to ensure that others wont be allowed to use this fancy name.

A. Which intellectual property right is relevant for protecting the name of the studio? Can
Arthur successfully obtain this intellectual property right? Discuss all relevant
requirements in detail. [5 points]
The relevant intellectual property right would be trade mark.
In the Netherlands, but also in England, the three requirements for obtaining a trade mark are:
1. A sign? Yes, the name PlayStationGames would be a word (word mark). [1 pt]

1
2

This would make it the most expensive game ever made

And more than $ 1 billion within three days
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IBMBL112R1 Exam
2. Graphical representation? Graphically representing a name is never going to be a real
issue. The Sieckmann criteria will easily be met by simply writing the name on paper
because it would then certainly be clear, precise, durable, intelligible et cetera. [2 pts]
3. Capable of distinguishing? Arthur wants to trade mark the word PlayStationGames for a
studio that produces PlayStation games. The name, therefore, is devoid of any distinctive
character because it can refer to all companies that produce such games. There is an
absolute ground for refusal, so the requirement is not met. [2 pts]
Conclusion: a trade mark cant be obtained.

Shortly after establishing his company he starts working on his version of GTA V. The title of
his version of the game will be: Grande Theft Automovel. The main city of his playable
region, which he decides to call So Andreo, will be As Santas. The game is played from the
perspective of three different characters and the goal is basically the same as described in
paragraph 3 above. A few days before the release of his game, Rockstar Games discovers
Arthurs plans. They obviously want to prevent him from releasing the game, but Arthur
claims that he obtained an intellectual property right on his work so tough luck for them!

B. Which intellectual property right is relevant here? Does Arthur indeed obtain an
intellectual property right? Discuss all relevant requirements in detail. [5 points]
The relevant IPR would be copyright. What are the criteria?
1. A work It is about a video game, so it will probably be an artistic work. [0,5 pt]
2. Tangibility The game (most likely) was on the computer because they were very close to
release, therefore the idea was expressed and there is tangibility. [1 pt]
3. Own character Is the work an imitation or a copy? The game is (probably) not a direct
copy. However, looking at the scenario it could certainly be seen as an imitation (very
similar name, location, background, goal and so on). [1,5 pts]
4. Personal stamp of the author Two sub-requirements: (creative) human labour and
creative choices. The work is undoubtedly the result of (creative) human labour, which
means that there is a certain connection with the author. Were creative choices made?
Some creative choices were made, even though quite a few of these choices are based on
choices made by Rockstar. The requirement is probably met, but students could
successfully argue the contrary. [1,5 pts]
Because the requirements are most likely not met, there will be no copyright for Arthur.
[Remaining 0,5 pt for mentioning the correct IPR plus the correct conclusion]

C. Is registration required in order to obtain the intellectual property rights discussed

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IBMBL112R1 Exam

under A. and B.? If not, how can you prove that you have obtained them? How long does
the protection last? [4 points]
No, one does not have to register a copyright: it is fully automatic and can already be obtained
during the creation process.
Yes, trade marks have to be registered.
You can prove that you have obtained a copyright by:
a) keeping an archive of your work (sketches, drawings etc.) to demonstrate the process of
creation;
b) sending a copy of the work to yourself via registered mail (leaving the envelope
unopened!);
c) registration.
The protection of a copyright lasts the life of the author plus seventy (70) years. A trade mark lasts
10 years, but can be renewed indefinitely.

One thing is certain: Arthur is furious because of all the trouble Rockstar Games caused. His
revenge will be sweet! Arthur actually manages to buy a mansion right next to the mansion
of the President of Rockstar Games, Sam Houser. The houses themselves are huge and the
gardens even more so. The main reason Sam Houser is so attached to his property is that he
has a lovely view of the surrounding area: he can see a part of (what is now) Arthurs garden
as well as the breath-taking landscape behind it. Two weeks after Arthur moves into his new
mansion, he builds a large billboard in his the middle of his garden3 with the text My Game
Was Better. The billboard is so large that it basically ruins Sam Housers entire view. Sam
Houser asks Arthur to remove the billboard but Arthur refuses, stating that it is his land so
he will do with it whatever he damn well pleases.

D. On what basis can Sam Houser file a lawsuit against Arthur? Is a lawsuit likely to
succeed? Thoroughly explain. [4 pts]
Sam Houser can file a lawsuit based on abuse of rights (this would actually fall under tort law). The
situation described above is similar to the lawsuit Berg en Dalse Watertoren. The criterion the
court would use is: did Arthur erect the billboard without reasonable interest and with the sole
purpose of annoying Sam Houser? [2 pts]
It is not unlikely that the court will determine that Arthur did not have a reasonable interest (he
could, for example, have built it elsewhere on this land). What is the purpose of this billboard? If
one looks at the text, one can assume that the true purpose of the billboard is to vent frustration
3

No permits are required.

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IBMBL112R1 Exam
and annoy Sam Houser. Because both conditions are met, it is likely that the lawsuit would
succeed. [2 pts]

Franklin C., a Dutch teenager living in Stavoren, Friesland (not the most exciting village in
the Netherlands), has been playing GTA V for nearly 20 hours a day since release. He is, one
can probably safely say, a bit addicted to the game. Franklin decides to go outside for a few
hours to do some grocery shopping. Now that he is actually outside, he is rather bored and
he doesnt feel like doing his grocery shopping yet; he devises a plan to bring some
excitement to Stavoren and the surrounding villages instead. Franklin is going to borrow
the car of the mayor of the municipality of Sdwest-Frysln, Hayo Apotheker. A few minutes
later he arrives at city hall where he indeed manages to grab Mr. Apothekers car a brand
new, very expensive Lamborghini (value: 1,500,000). In true GTA V style he drives off with
screeching tyres. He drives around the countryside of Sdwest-Frysln at 200 km/h. During
his insane adventure, Franklin nearly kills twelve pedestrians, badly damages several cars
and destroys numerous gardens.

E. Which type of law and which area of law would be relevant if the police catch Franklin
and want to prosecute him? Which type of law and which area of law would be relevant
if the owners of the cars/gardens want to file a lawsuit against Franklin? Explain. [3 pts]
For the prosecution: the relevant type of law is public law and the relevant area of law is Penal
(Criminal) law. Why Penal law? Because it is about punishment Franklin has committed several
crimes. Penal law is always public law because it is the public authorities who enforce Penal law.
In a lawsuit, the parties would be the public prosecutor and Franklin. [1,5 pts if correctly explained
in detail]

The other lawsuit would be between Franklin and the owners of the cars/gardens. The relevant
type of law is private law and the relevant area of law is Civil law. Franklins acts are so-called
torts. Civil law is among other things about claiming damages in case someone suffers damage.
Civil law is always private law because the public authorities are not necessarily involved (in fact,
they mostly arent). [1,5 pts if correctly explained in detail]

Fortunately, the police are very slow (they prefer eating donuts and drinking coffee), so they
dont actually catch Franklin. At some point, Franklin has enough of the (now slightly
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damaged) car so he wants get rid of it. However, shortly after he made up his mind, he is
approached by one of his friends, (the slightly mad) Trevor Philippus. Trevor came up with a
cunning plan that involves the car. In nine days, Franklin and Trevor are going to rob in
true GTA V style an exchange office in Leeuwarden (owned by Shizhen Wang, a Chinese
national who finished his IBMS study two years ago) where people can exchange Euros for
Renminbis and vice versa.
Franklin would rather alienate the car before the heist4. He soon finds someone who is
interested in a deal: Michael. Michael T. agrees to trade the Lamborghini for two high-end
computers (suitable for hacking security systems) plus a diamond saw blade (total combined
value: 20,000). Due to the fact that Franklin still needs the car for another ten days, and
due to the fact that Michael doesnt immediately need the car, the parties declare that
Franklin will borrow the car for ten days, but that ownership will immediately pass to
Michael. Michael doesnt want to wait any longer to acquire ownership, but he is more than
willing to lend his car to Franklin.

F. Does Michael indeed acquire ownership? Detailed answer required! [8 pts]

Relevant method of acquisition: transfer. Absolutely essential here is that the students mention all
the relevant requirements and check them.
1. Valid title? Yes, it is an exchange agreement because of the laptops and the saw blade. [1
pt]
2. Delivery? Franklin can transfer ownership of the car by way of constitutum possessorium.
This requires a mutual declaration by Franklin and MIcheal, stating that Franklin hereby
transfers property of the car to Micheal and that Franklin will keep the car (for Michael)
for 10 days. [1 pt]
3. Authority? Obviously not, because the car was stolen from Mr. Apotheker and Franklin
didnt acquire ownership. [1 pt]
Conclusion: no valid transfer due to a lack of authority. However, Michael could be protected,
provided the following five requirements are met:
1. Movable property? Yes, cars are movable property. [0,5 pt]
2. Remuneration paid (not a gift)? Yes, because it was an exchange agreement. [1 pt]
3. Delivery of possession? No, because constitutum possessorium was used. [0,5 pt]
4. Good faith? Did Michael know that Franklin didnt have authority? No, there is no
indication that he knew. Was Michael reasonably supposed to know that Franklin didnt
have authority and that something was wrong? Possibly. Expensive goods are being
exchanged, but there is a huge discrepancy between the value of the car and the value of
4

A crime in which valuable things are taken illegally and often violently from a place or person
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IBMBL112R1 Exam
the laptop/saw blade. Moreover, the purpose of these items is shady at best. There is
probably no good faith. [2 pts both elements of good faith have to be discussed!]
5. Willing and able to provide information about the alienator within three years of
acquisition [Duty of identification]? Yes, we can assume that Michael would be willing to
provide information and we can assume that he is able to (there is no indication of the
contrary). [1 pt]
Final conclusion: not all requirements are met so Michael doesnt acquire ownership.

The heist doesnt go entirely according to plan: even though they manage to steal a vast
amount of Chinese Renminbis (CN 850,000), they lose two suitcases full of banknotes
during the wild police chase. The suitcases are lost near the village of Sneek where Japie, an
inhabitant, soon finds them. Japie is extremely happy that someone just abandoned the
suitcases! You dont find a treasure every day, he mutters to himself.

G. Does Japie acquire ownership? Discuss all relevant methods in your answer. [4 pts]
For this we need to establish whether there was a valid acquisition of property by Japie. What are
the potentially relevant methods? Finding, treasure finding, occupatio and prescription.
Occupatio:
To immediately become owner it has to be a movable thing that clearly belongs to no-one; in
other words, a res nullius.
The suitcases and the money are not a res nullius, because the suitcases and the money both have
an owner and no-one in his right state of mind would abandon suitcases full of money! [1 pt]
Treasure finding:
Key-elements of a treasure: high value plus must have been hidden for such a long time that the
original owner or the heirs cant be traced. In this case the goods are not very old and the owner
can easily be traced. In addition to this, the suitcases are probably not even hidden.
Japie doesnt acquire by treasure finding. [1 pt]
Finding:
If Japie takes the suitcases to the police, hands them over and waits one year then, provided the
original owner doesnt collect the suitcases with money, he can acquire ownership. Highly
unlikely, but certainly possible. [1 pt]
Prescription:
Japie can acquire via prescription, but he would then have to keep it silent (which means he acts in
bad faith because good faith requires reporting the find) and wait 20 years (extinctive
prescription). [1 pt]
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It was never Michaels intention to actually use the Lamborghini himself. Michael owns a
used car dealership so what he wants to do is repair the car, attach new licence plates and
just sell it to make a profit. After Michael (miraculously) receives the car from Franklin
(there are a few extra scratches and some bullet holes), he starts looking for a buyer. It
doesnt take long before a buyer shows up. The buyer, Gerrit, a rich but simple minded
farmer, always wanted to have a Lamborghini, so he buys the car for an amount of
750,000.

H. Can Mr. Apotheker, provided he finds out that Gerrit has the car, revindicate the car? [7
pts]

Question really is whether Gerrit has acquired ownership or not. If not then he would have to give
it back to Mr. Apotheker.
Relevant method of acquisition: transfer. Absolutely essential here is that the students mention all
the relevant requirements and check them.
1. Valid title? Yes, namely a sales agreement between Michael and Gerrit.
2. Delivery? Yes, namely factual transfer of possession.
3. Authority? See question F, we saw that Micheal did NOT become owner. Therefore, no
authority for Michael.
[0,5 pt per correct requirement]
Conclusion: there is a lack of authority of the seller so Gerrit doesnt immediately acquire
ownership. In order for Gerrit to still acquire ownership, he needs to meet the following
requirements:
1. Movable property? Yes, cars are movable property.
2. Remuneration paid (not a gift)? Yes, because it was a sales agreement.
3. Delivery of possession? Yes, see above. [1 pt in total for requirement 1 plus 2 plus 3 plus 5]
4. Good faith? Did Gerrit know that something was wrong: No, there is no indication that he
knew. Was he reasonably supposed to know? Given the fact that it is a patched-up
second-hand Lamborghini, 750,000 doesnt seem unreasonable. Moreover, he buys the
car at a used car dealership. Therefore, one can assume that there is good faith so the
requirement is actually met. Different answers are possible, however! [1 pt if sufficiently
detailed]
5. Willing and able to provide information about the alienator within three years of
acquisition [Duty of identification]? Yes, this can easily be assumed (there is no indication
that Gerrit is unwilling and/or unable to identify Michael).
Due to the fact that Gerrit meets all the requirements, he in principle becomes owner of the
plates. In case the student successfully argues that there is no good faith, there is obviously no
valid transfer and revindication would automatically be possible.

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Attention! Even if all of the above requirements are met, the owner of a movable thing who has
lost it by theft, can revindicate the movable thing within a period of three years: seeing as Mr.
Apotheker lost his car (movable thing) by theft and it is still within three years, he can revindate,
unless the following requirements are met [0,5 pt]
1. Acquirer is a natural person? Yes, Gerrit is a natural person.
2. Acquirer is not acting in the conduct of a profession or business? Yes, Gerrit probably buys
the car for his personal, private use (consumer). [Note: on the exam requirement 1 and 2
can be summarised to: Acquirer a consumer?] [1 pt]
3. Alienator (usually) deals with the public in similar things? Yes, Michael typically sells used
cars.
4. Alienator uses business premises (such as a shop)? Yes, Michael does use a shop.
5. Alienator acting in ordinary course of business? Yes. ). [Note: on the exam requirements 3,
4 and 5 can be summarised to: Does the alienator deal in similar things using business
premises?] [1 pt]
6. It doesnt concern money or paper payable to bearer or order. Yes, it doesnt concern
money because it concerns a car. [1 pt]
Conclusion: since all requirements are met, the revindication will not succeed and Gerrit is
protected. He is now the owner!

Comments/feedback regarding this exam can be filled in here:

THE END

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