Observations and recommandations for the LL.M exams (Loriane S., Trinity College)

Hi guys !

I have just attended the first exam of the second semester. I have been a cave troll during the last 2 weeks, so forgive me in advance for my today's topic : "observations and recommandations for the LL.M exams", as I really have nothing else to talk about :D

It is quite difficult to manage to do all the readings we have per week. In the worse case, like mine, you have done no reading during the semester ==> My official excuse is that I was saving lives and giving speeches all around the world so I could not find the time to do my readings ^^ but normal people are supposed to do their readings each week. The exam I passed today was in "Comparative analysis of Unfair Competition and Trademarks", which amounted up to 1000 pages (because sometimes your lecturer is VERY generous) !

 

This was by far the most technical, complicated and longest lecture I have ever followed in my entire life. So, when you are confronted to such a nightmare, the first difficulty is to catch up quickly the readings. Obviously, (as I am a super hero) I found a magic method for avoiding doing all my readings in the last minute:

1) Focus on the keywords you saw in class. Here it was basically "harming the reputation of a trademark" => "taking unfair advantage of a senior mark" => "being detrimental to the distinctive character of a mark" etc.

2) Check the definitions & landmark cases for each notions. 

3) Check the main issues for each notions by relying on the point of view of imminent commentators' opinion + think about what could be your own opinion if you were an imminent commentator (put yourself in the shoes of Pr Magnier ;p)

The second difficulty arises when you are confrontating to your examination paper. Here, you have to reveal all your super hero talents in answering a very wide and transversal question in a short time. 

 

  

The good news in an LL.M exam is that you always have something to say (this is why you cannot fail an LL.M exam), the bad news is that you have to be very organised and quick (you have one hour for answering one question which could be a PHD's topic). Example of today's question: "A trademark will infringe if the use of the sign, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the mark: critically discuss this statement".

With the knowledge we had for this exam, we could all have written 10 pages on this issue. This is why my main advise will be to give up everything you know that is not 100% linked to the question. Go straight to the essential and don't try to say everything you know. You need to show that:

1) You know the MAIN landmark case(s) and MAIN issue(s) related to this statement (=> be straightforward)

2) You know some commentators' points of view + your have your own super hero opinion on this matter (=> be straighforward)

3) You are organised and logical in the way you are answering (=> be straightforward)

 

  

That is approximately all you must know for succeeding an LL.M exam ;-) 

Loriane