International Business Law Question Description CASE FACTS:Mertamis a US R&D Company …

International Business Law Question Description CASE FACTS:Mertamis a US R&D Company devoted to produce genetic modified seeds. One of themost successful developments is a modified variation of Soybean seed know asM-116. The modified variation has been properly patented in the US.SinceBrazil is a big soybean producer, Mertam has decided to fill the patent in thatcountry. Brazil and the US have a Bilateral Investment Treaty. While the patentof M-116 was under examination by the Brazilian Patent Office, Mertam signed alicense agreement with a local laboratory named, Bricadeira. The contractallowed Bricadeira to produce and distribute the M-116. Bricadeira produced andlicensed the seed to local producers. Feijao, is a mayor soybean agriculturalproducer in Brazil and decided to obtain the license from Bridacaeira. Aftersinging, Feijao sold FOB a 100 ton of manufactured soybean to ¨Mar del Viña”the biggest trader of agricultural products in Chile. Mertam already had theM-116 patented in Chile.TheBrazilian Patent Office decided to deny the patent in Brazil arguing that seedscan not be patented because would be a violation to the human right principleof free access to food. As a result of that, Feijao, decided not to payroyalties to Bricadeira, since the seed is considered to be in the publicdomain. At the same time, because of the denial of the Brazilian Patent office,Mertam required an injunction from a Chilean Court avoiding the distribution ofthe soybean M-116 in that country. The Chilean Court granted the injunction, andthe shipment dispatched by Feijao must remained in port. As a consequence, Mardel Viña decided to initiate actions against Feijao for breaching of the salecontract. No jurisdiction nor applicable law was determined.Finally,Mertam and Bricadeira Jointly sued the Brazilian Government at the ICSID courtfor a violation of a Bilateral Investment Treaty.Answer the following questions:1. Whichwould be the jurisdiction the applicable law to Sales of Goods Contract betweenMar del Viña and Feijao.2. You are theLawyer of Mertam Develop a justification for allowing jurisdiction of theICSID.3. You arethe Lawyer of Feijao:a. Develop astrategy to repel the action for breach of contract initiated by Mar del Viña.b. Develop astrategy against Mertam because of the injunction. (Using internationalantitrust arguments would be recommended).4. You are anarbitrator at the ICSID court, you need to decided:a. If youhave competence.b. If thereis a violation of the bilateral investment treaty. c. If thehuman right mentioned by the Brazilian Patent Office prevails over the BIT.

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