1. multiple choice questions (choose a correct answer from the four alternative answers of each question, and fill in the code in brackets after the questions are dry. 65438+ 0 point for each small question, 20 points in total)
1. One of the most basic functions of copyright is ().
A copy right b distribution right c lease right d information network communication right
2. The narrow sense of neighboring rights initially only includes ()
Rights of publishers and rights of performers
C. Rights of producers of audio and video recordings D. Rights of broadcasting organizations
3. The term of validity of the copyright licensing contract shall not exceed ()
A5 B8 C 10 D20
4. At present, () is the one who exercises the most copyright through the copyright collective management institution.
A works of art b works of music c works of film d computer software
5. In the United States, Canada, Australia and other countries, the copyright of film works belongs to ().
A producer b every natural person involved in film creation.
C is agreed by the author and the producer through the contract.
Authors enjoy the right of authorship and producers enjoy other rights of copyright.
6. The following belongs to the creative right in industrial property rights is ()
A mark right of origin b trademark right c trade name right d patent right
7. The following objects that are not protected by the patent law are ()
The fast calculator invented by A and the hypertension treatment method invented by B and B..
C a new cultivation method of hybrid rice invented.
The videophone invented by d.d.
8. The order of "three natures" judgment is ()
A novelty, creativity and practicality b novelty, practicality and creativity
Practicality, novelty and creativity
9. Units and individuals that have obtained compulsory license for patent exploitation ()
A enjoys the exclusive right of exploitation and has the right to license others to exploit it.
Party B has the exclusive right to implement, but has no right to license others to implement.
C does not enjoy the exclusive right to implement, but has the right to license others to implement.
D does not enjoy the exclusive right to implement, and has no right to license others to implement.
10. The decision to declare the patent right invalid shall be made by ().
A is made by the Patent Office and B by the Patent Reexamination Board.
C made by the arbitration institution and d made by the court.
1 1. The legal time limit for the substantive examination of the invention patent request is from the date of filing ().
A 1 year B 1 year 6 months C2 years D3 years
12. China's patent law stipulates that the protection period of utility model and design patent right is ().
A5 B8 C 10 D 15
13. Where a unit or individual in China transfers the patent application right or patent right to a foreigner, it must be approved.
()
A the State Council approved b the State Council approved by the relevant departments.
C. the provincial people's government approves D. the patent administration authority at or above the county level where the applicant is located.
14. The factor that cannot be used as a trademark in China is ().
A letter b color combination c stereo logo d smell
15. Where an unregistered trademark is used, it shall be marked () on the goods and packaging.
A production time and manufacturer b unregistered trademark mark
Name and address of Class C commodity and Class D enterprise
16. A trademark applied for registration shall have ().
A meaning b creativity c novelty d aesthetics
17. Protection period of new plant varieties, from the date of authorization, lianas, trees, fruit trees and ornamental trees.
Io ()
A 10 B 15 C20 D25
18. The earliest international convention for the protection of intellectual property rights that China acceded to was ().
A Convention establishing the World Intellectual Property Organization B Paris Convention for the Protection of Industrial Property
Madrid agreement concerning the international registration of marks Berne Convention for the Protection of Literary and Artistic Works.
19. The protection period of software copyright is ()
A20 B25 C50 D70
20. The "textbook clause" stipulated in China's copyright law belongs to ()
Reasonable use b legal use license
C compulsory licensing plan d licensing
Second, multiple-choice questions (choose two to five correct answers from five alternative answers to each small question. And fill in the code in the brackets after the stem; Wrong selection and multiple selection do not score. 2 points for each small question, total 10)
1. The following statement about the author is wrong ().
A the law stipulates that a natural person is the author, and a legal person or unincorporated unit cannot be the author.
B author is actually a natural person first, while C copyright owner can only be the author.
D the citizen, legal person or other social organization whose name is on the work is the author.
E the copyright enjoyed by the author may be incomplete.
2. The legal licensing system of copyright is similar to the fair use system in that ()
A The purpose is to promote social public interests and limit the rights of copyright owners.
Use of other people's works must be published.
C using other people's works does not require permission from the copyright owner, nor does it require payment.
D is limited by the author's declaration right, and E is not limited by the subject scope.
China's Trademark Law stipulates that if a registered trademark is used in one of the following acts, the Trademark Office shall order it to be changed within a time limit.
Actively or revoke its registered trademark ()
A. changing the words, figures or their combinations of a registered trademark by itself
(two) to change the name, address or other registered items of the registered trademark registrant.
C use registered trademarks, shoddy goods, deceive consumers.
D e, which transferred its registered trademark by itself, stopped using for three consecutive years.
4. After the patent application filed by the patent applicant according to law is accepted by the Patent Office, the right that the patent applicant can enjoy is ().
A has obtained the status of prior applicant, and B claims priority according to its application.
C the invention for which a patent is applied will be temporarily protected, and D will transfer its patent application right.
E in the process of patent application examination, have the right to withdraw, modify and declare the modified application.
Right of inspection, substantive claim and waiver
5. Trade secrets may protect information content including ()
A know-how, B patented technology, C source information
D production process e customer list
True or false (if you think it's right, put "√" in the brackets behind the question, and if you think it's wrong, put "×". 1 point for each small question, total1point)
1. For the same intellectual achievement, two or more intellectual property rights with the same attributes are allowed to coexist. ()
2. Producers of sound recordings who use other people's works to make sound recordings shall obtain permission from the copyright owner and pay remuneration to the newspaper.
Pay. ()
3. The source program and the target program of the same computer program are the same work. ()
4. China's Copyright Law stipulates that a citizen, legal person or unincorporated entity who signs a work is the author.
()
5. In the copyright pledge contract, the type, region and export of the pledged works must be clearly stipulated.
Quality deadline. ()
6. In China, new plant varieties can be obtained by administrative means without patent protection.
That's right. ()
7 for the purpose of production and operation, without the permission of the patentee, the manufacturing and sales functions are unknown.
Products that are profitable or directly obtained according to the patented method can prove the legal source of their products, and shall not be accepted.
Be liable for compensation. ()
8. According to the provisions of China's trademark law, if the common name and unique name of a commodity meet the statutory conditions, both
Can be registered as a trademark. ()
9. Where a registered trademark needs to change its logo, an application for change shall be filed. ()
10. The first worldwide multilateral treaty in the field of intellectual property is the Berne Convention for the Protection of Literary and Artistic Works.
()
Four, explain the concept of the problem (3 points for each small question, a total of 9 points)
1. originality
2. utility model
3. Geographical indications
Five, short answer questions (5 points for each small question, a total of 20 points)
1. Briefly describe the difference between neighboring rights and copyright.
2. Briefly describe the concept and characteristics of patent application right.
3. What factors should be considered when identifying well-known trademarks?
4. Briefly describe the reasons why the anti-unfair competition law belongs to the intellectual property legal system.
Six, essay questions (10 points for each small question, a total of 20 points)
1. How to understand "citation" in fair use
2. On the legal system of "preemptive right" in the patent law.
VII. Case Analysis (1 1)
On July 27th, 1989, Party A submitted an application for a utility model patent entitled "Half-feeding rice-wheat combine harvester" to the China Patent Office (application number: 892 14088.7), which was published on June 27th, 1990 with the announcement number of CN2058549U./ After substantial examination, the Patent Office decided that the application was not novel, and made a decision to reject the application on 1992 1 1. Party A refused to accept the request and filed a reexamination request with the Patent Reexamination Board on June 1993 65438+ 10/2. The Patent Reexamination Board confirmed in the reexamination decisionNo. 2006/2007. 1August 6, 99514 thinks that the invention patent of "backpack semi-feeding combine" applied by A has been disclosed by the utility model patent with the same content published before the application date, and rejects A's request for reexamination on the grounds of loss of novelty, and maintains the rejection decision made by China Patent Office. Party A and others refused to accept the reexamination decision of the Patent Reexamination Board and brought an administrative lawsuit to the people's court with the Patent Reexamination Board as the defendant.
Plaintiff A claims that the comparison document that the Patent Reexamination Board determines that its invention patent is not novel is its own utility model. According to the provisions of the patent law on novelty, no one else has applied to the Patent Office for the same invention or utility model and recorded it in the patent application documents published after the application date, so its own utility model patent cannot deny its novelty, and its utility model patent has been authorized, which is novel and has exactly the same technical content. The plaintiff requests to cancel the reexamination decision No.6 14 of the Patent Reexamination Board, order reexamination, make a decision that this patent application is patentable, and compensate the plaintiff for the losses caused by the lawsuit.
Please answer the following questions briefly:
(1) In this case, the plaintiff always believed that his utility model could not deny the novelty of his invention patent. Why do you think this statement can be established?
(2) What is a conflicting application? Does this case involve a conflicting application?
(3) Does this case involve priority? Why?
(4) What kind of judgment should the court make on patent administrative disputes?
Reference answers and grading standards of intellectual property law test questions
First, multiple-choice questions (65438+ 0 points for each small question, a total of 20 points)
1、A2、B3、C4、B5、A6、D7、B8、C9、D 10、B
1 1、D 12、C 13、B 14、D 15、D 16、A 17、C 18、A 19、C20、B
Second, multiple-choice questions (wrong choice, multiple-choice questions do not score. 2 points for each small question, total 10)
1、ACD2、AB3、ABCDE4、ABCDE5、ACDE
Three. True or false (each small question 1 point, total 10 point)
1、×2、√3、√4、×5、√6、√7、√8、×9、× 10、×
Four, explain the concept of the problem (3 points for each small question, a total of 9 points)
1. Also known as originality, it means that the content or expression of a work is completely different from the published works of others, that is, it is not plagiarism, plagiarism or tampering with other people's works.
2 refers to the new technical scheme proposed for the shape, structure or combination of products.
3. Indicators show that a commodity comes from a certain region, and the specific quality, reputation or other characteristics of the commodity are mainly determined by natural factors or human factors in the region.
Five, short answer questions (5 points for each small question, a total of 20 points)
1.( 1) Different subjects; (2) The objects to be protected are different;
(3) Different contents; (4) The premise of protection is different.
2. The right to apply for a patent refers to the right of citizens, legal persons or other organizations to file a patent application with the Patent Office for inventions and creations according to legal provisions or contractual stipulations;
Its characteristics are: (1) relativity; (2) temporary; (3) correlation.
3.( 1) Public awareness of the trademark;
(2) the term of use of the trademark;
(3) the duration, degree and geographical scope of any publicity work of the trademark;
(4) The record that the trademark is protected as a well-known trademark;
(5) Other factors that make the trademark famous.
4.( 1) The Anti-Unfair Competition Law takes the adjustment object of other intellectual property rights as its own protection object;
(2) The Anti-Unfair Competition Law protects the objects related to all kinds of intellectual property rights that cannot be governed by relevant laws, so as to make up for the "vacuum zone" caused by a single legal system;
(3) The Anti-Unfair Competition Law gives "all-round protection" to the intersecting parts of various intellectual property objects, so that the protected objects of knowledge are interconnected to form a whole.
Six, essay questions (10 points for each small question, a total of 20 points)
1.
(1) Citation refers to appropriately extracting published works of others from one's own works;
(2) The Copyright Law stipulates that citing a published work of others for the purpose of introducing and commenting on a work or explaining a certain problem is a fair use and a restriction on the rights of the copyright owner;
(3) "Appropriate citation" must meet three conditions: First, the purpose of citation is limited to introducing and commenting on a work or explaining a problem (2 points); Second, the quoted part cannot constitute the main part or substantive part of the cited work;
Third, the interests of the copyright owner of the cited work shall not be harmed.
(4) If misquoted, it may constitute infringement.
2.
(1) China's patent law stipulates that if the same product has been manufactured before the patent application date, the same method has been used or necessary preparations have been made for its manufacture and use, and it is only within the original scope that it continues to be manufactured and used, it will not be regarded as infringement of the patent right. (2) The right of first use is a restriction on the patent right, which is not only conducive to protecting the interests of the earlier inventor or designer, but also can eliminate some disadvantages of the "first application principle".
(3) The conditions for enjoying the right of first use include: first, the act of manufacturing the same product or using the same method or the necessary preparatory work for manufacturing and using the product must occur before the patent application date; Second, the invention and creation implemented by the actor is either developed and designed by the actor himself or obtained through legal transferee, and it is definitely not stealing from others by improper means. Third, the implementer still manufactures or uses the same invention-creation within the original scope after others have obtained the patent right. Fourth, the right of first use shall not be transferred separately unless it is transferred together with the affiliated enterprise.
(4) When the implementer takes the preemptive right as the defense of infringement litigation, the implementer shall bear the burden of proof.
VII. Case Analysis (1 1)
Key points of the answer:
(1) cannot be established. Because the technical content involved in this application has been disclosed in the patent of the prior independent patent, the plaintiff confuses the existing technology with the conflicting application.
(2) A conflicting application refers to the same invention or utility model that has been filed with the Patent Office before the date of this patent application and recorded in the patent application documents published after this patent application. This case does not involve the conflict of applications.
(3) Not involved. The reason is that the earlier invention-creation application of this application has been authorized and announced by the Patent Office.
(4) The court shall make a judgment to uphold the decision of the Patent Reexamination Board.