Intellectual property law examination questions 3

This paper is divided into two parts, the first part is multiple choice, the second part is non-multiple choice; 40 points for multiple-choice questions, 60 points for non-multiple-choice questions, full score 100; Examination time 150 minutes.

The first part of multiple choice questions

A, multiple-choice questions (this big question ***30 small questions, each small question 1 point, ***30 points. Only one of the four options listed in each sub-topic meets the requirements of the topic. Please put letters before the correct options in brackets after the title. )

1. Party A completed the factory logo designed by Party B, but both parties failed to reach an agreement on the ownership of its copyright. Therefore, the copyright of the factory emblem should belong to

A.b. The competent authorities of B and B; c，a； D, a and B.

Painter A sold his famous paintings to painter B for 20,000 yuan. B thus obtained

A. the ownership and display right of the original painting;

B. personal rights of paintings;

C. property rights of paintings;

D. ownership and copyright of the original painting.

With the consent of Party B, Party A adapted his novel into a TV script .. What A got from B was

A. neighboring rights; B. Right of assembly; C. the right to translation; D. editing rights.

4. Zhang finished an academic paper independently. According to China's copyright law

A. Zhang Can only enjoys the copyright after his paper is published;

B. Zhang's paper can enjoy copyright whether it is published or not;

C. Zhang's paper must be registered to enjoy copyright;

D. Zhang's paper must be marked with copyright in order to enjoy copyright.

5. Wang's novel "Oriental Star" was first published in 1997, and Wang died the following year. The property rights of the works produced by this work will be on

A. June A.20471;

B. June 2, 2047;

C65438+February 3, 20471;

D 65438+3 February 20481.

6. Film directors enjoy rights according to law.

A. publishing rights; B. the right to sign; C. editing rights; D, the right to play.

7. The exclusive publishing right period stipulated in the book publishing contract shall not exceed.

A.5 years; B, 10 year; C. 20 years; D 50 years.

8. In order to do a doctoral thesis, A copied several papers in the library. A's behavior belongs to

A. infringing use; B, legal permission to use;

B. compulsory licensing; D. rational use.

9. Without authorization, Party A publishes Party B's articles in journals in its own name. A's behavior violated

A. copyright of periodicals; B, B's copyright;

C. exclusive publishing rights of periodicals; D, b and the copyright of this journal.

10. If Party A changes the name of Party B's work without authorization and publishes it in its own name, then

A.a's behavior and B's * * * are the same creative behavior;

B. A's behavior is a fair use of B's work;

C.A. constitutes plagiarism of B's works;

D.A.' s work and B's work are coincidences.

1 1. One year after being laid off, employee B of Company A made an invention related to his work in the original unit, and at the same time, Company A also completed the same invention W. What do you think of B's invention W?

A. service invention; B, non-service inventions;

C. cooperative invention; D, commissioned invention.

12. Company A assigns its researchers B and C to jointly research and develop a technology. After the technology was developed, Company A decided to apply for a patent in China Patent Office. When filling in the patent application documents carefully, the column of "inventor" should be filled in.

The name of A.a company; The names of B, B or C;

C. Company name, names of Party B and Party C; The names of b and C.

13.1993 On March 5th, Zhou filed a patent application with the US Patent and Trademark Office for his invention M; Later, on February 3, 1994,/kloc-0, a patent application for the same invention M was submitted to the Chinese Patent Office. According to the principle of international priority, when the Chinese Patent Office examines its novelty and creativity, its application date refers to

A.1994 February 3; B, 1994 65438+ 10/0/;

C.1March 5, 993; D,1March 5, 994.

14. Eight months after the announcement of the grant of the patent right, Wang, the patentee of the invention, found that the patented products manufactured and sold by Company A were the same as their invention patents, so he filed a lawsuit with the court and accused Company A of infringement. At this point, the company can take the following measures

A. request the patent office to revoke Wang's patent right;

B. request the patent office to declare the patent right invalid;

C. Request the Patent Reexamination Board to revoke Wang's patent right;

D. request the patent reexamination board to declare Wang's patent right invalid.

15. If the patentee wants to give up his patent right, then according to the provisions of China's patent law, the patentee can

A. The declaration of giving up the patent right shall be registered and announced by the Patent Office;

B. Put forward a written statement of giving up the patent right, which shall be registered and announced by the Patent Office;

C. The oral statement of giving up the patent right shall be registered and announced by the Patent Office;

D. The written statement of giving up the patent right shall be approved by the Patent Office and announced.

16. In the patent licensing contract, Licensee A has the right to exploit the patent within the time and geographical scope agreed in the contract and in the way agreed in the contract. Meanwhile, as the licensor, Party B can not only exploit the patent by itself, but also license it to a third party. The license is

A. exclusive license; B. exclusive license;

C. general license; D. sub-licensing.

17. One of Li's invention patents was terminated due to the expiration of the protection period. Since then, Li has still marked the patent mark and the original patent number on the products produced and sold. Li's behavior is

A. infringement of patent rights; B, counterfeit patents;

C. counterfeit patents; D. legal use of patents.

18. Chinese citizen A has transferred a patent right to Japanese B. According to the provisions of China's patent law, the transfer of both parties must be approved by the corresponding institutions. The agency is

A. the State Council; B. Relevant authorities in the State Council;

The provincial government where D.A. is located; D, the unit where A works.

19. A Chinese fast food restaurant designed an emblem according to its own service items and characteristics. The emblem is a kind of

A. certification trademark; B. Selling trademarks;

C. service marks; D. collective trademarks.

20. A factory has used the trademark "Red Lantern" on its drinking utensils since 1995, and filed an application for trademark registration with the Trademark Office in August 1997. As early as1June, 1997, Factory B applied to the Trademark Office to register the "Red Lantern" trademark for its drinking utensils. The trademark of "Red Lantern" belongs to.

A.ab，b；

C.a and b; D. Party A determined by both parties through consultation.

2 1. Hongchang Furniture Factory designed the following product trademarks, which did not comply with the relevant provisions of the Trademark Law.

A. Hongchang; B. Changbai Mountain;

C. Olympic rings; D, "happiness"

22. A company has recently registered a trademark. If Party B thinks that the trademark violates the trademark prohibition clause stipulated in the Trademark Law, it can request the relevant authorities to cancel the registered trademark of A company ... This institution is

A. Trademark Office; B. Trademark Review and Adjudication Board;

C. local administrative departments for industry and commerce; D. people's courts.

23. Party A authorizes Party B to use the registered trademark A. Regarding the quality of goods with trademark A used by Party B, the rights and obligations of both parties are

A neither party a nor party b is responsible; B. Party A and Party B shall bear joint and several liabilities;

C. Party A shall supervise and Party B shall guarantee; Party A and Party B shall be liable for compensation.

24. An agricultural company wants to transfer some of its registered trademarks to others because of changes in production. Farmers' companies can freely transfer their

A. collective trademarks used; B. Partly registered trademarks with others;

C. registered trademarks that have been licensed to third parties; D. ordinary registered trademarks.

25. "Marlboro" is a world-famous cigarette trademark, which has been registered in China. "Yingguang" brand wine produced by a winery has basically the same characters, figures and colors on bottle stickers and packaging boxes as Marlboro trademarks. The correct statement about this matter is

A. Wine and cigarettes are not the same or similar commodities, and wineries do not constitute infringement;

B winery uses Marlboro as decoration, and there is no infringement problem;

C. The wine in the winery has not been sold, which does not constitute infringement;

Marlboro is a well-known trademark and should be specially protected.

26. The validity of the registered trademark of "White Rose" of a factory is about to expire, and it needs to be renewed. According to China's trademark law, the renewal application time can only be

A. 6 months before the expiration; B, 6 months before and after the expiration;

C. 6 months after the expiration; D, before and after maturity 12 months.

27. "Zhenhua" Electric Appliance Industry Company produces "Feilang" brand washing machine according to its own design drawings. This washing machine has a patent on design. What does not belong to the protection of industrial property rights is

A. Name of "Zhenhua" manufacturer; B, "Feilang" trademark;

C. design patent; D, graphic works.

28. After Engineer A developed the carbonated beverage formula according to the distribution of his unit, Company B hired Company A to work in this company with high salary, and Party A brought the beverage formula to Company B for employment. According to the provisions of China's anti-unfair competition law

A. Party A shall bear the tort liability, while Party B shall not bear the tort liability;

B. Party B shall bear the tort liability, while Party A shall not bear the tort liability;

C. Party A and Party B shall bear the tort liability;

Neither Party A nor Party B shall bear the tort liability.

29. A clothing company was registered in this city under the name of HTC on 1995, and registered in the State Trademark Office under the name of HTC in the following year. According to relevant regulations

A "HTC" manufacturer's name right and "HTC" trademark right can have exclusive effect nationwide;

B. The name right of "Hongda" manufacturer has exclusive effect in this city, and the trademark right of "Hongda" has exclusive effect in the whole country;

C. The name right of "Hongda" manufacturer has exclusive effect in the whole country, and "Hongda" has exclusive effect in this city;

D "Hongda" manufacturer's name right and "Hongda" trademark right have exclusive effect only in this city.

30. Hami melon produced by fruit farmers in Hami area of Xinjiang is a famous local product. Fruit grower Zhang wants to use Hami brand as the trademark of melon and apply for registration with the relevant departments. According to relevant regulations

A. Zhang Can obtained the right to use "Hami" trademark;

B. Zhang and other fruit farmers can jointly obtain the right to use the trademark "Hami";

C. Zhang Can enjoys the exclusive right to "Hami" geographical indications;

D. Zhang Can has no right to obtain a registered trademark.

2. Multiple-choice questions (this big question is ***5 small questions, 2 points for each small question, * *10). Two to five of the five options listed in each small question meet the requirements of the topic. Please fill in the letter before the correct option in the brackets after the question. Multiple choices, fewer choices, and wrong choices all have no scores.

3 1. Since 1980, China has acceded to many international conventions on intellectual property protection, including

A. convention establishing the world intellectual property organization;

B. world trade organization agreement on intellectual property rights;

C. Paris convention for the protection of industrial property;

D Berne Convention for the Protection of Literary and Artistic Works;

E. eu trademark registration treaty. 10 。

32. China's Copyright Law stipulates that the protection period of the right of publication and the property right of works in copyright is limited. In the following options, the protection period is limited.

A. the right to sign; B. the right to issue;

C. broadcasting rights; D. right of reproduction;

E. the right to modify.

33. Party A and Party B jointly pirated a best-selling novel "All good things must come to an end" and set up a stall for sale somewhere. After buying a pirated book, C lent it to D and E ... Those who infringe the copyright of novels are always a feast.

A.aB.bC.cD.d yiyi

34. China's patent law stipulates that an applicant for a patent for invention shall submit the following patent application documents

A. requests; B. claims; C. description; D. summary; Pictures or photographs.

35. An industrial and commercial bureau investigated and dealt with a black den for assembling counterfeit "forever" brand bicycles. Among the following acts, what constitutes trademark infringement is

A. Party A assembles a "permanent" brand bicycle with others;

B.b. manufacturing "permanent" brand trademarks;

Sales of "permanent" brand bicycles;

D D Hardware Store suspects that "Forever" brand bicycles are counterfeit goods and still sell them on their behalf;

E.e bought a "forever" brand bike because it was cheap.

the second part

Three, short answer questions (this big question ***6 small questions, each small question 5 points, ***30 points)

36. Briefly describe the difference between intellectual property rights and tangible property rights.

37. Briefly describe the difference between performance right and performer right.

38. Briefly describe the difference between counterfeit registered trademarks and counterfeit registered trademarks.

39. What is fair use in copyright? What are its constituent conditions?

40. How to understand the exhaustion of patent rights?

4 1. What problems should be paid attention to when trying disputes over registered trademark applications?

Four, case analysis (this big topic ***3 small questions, each small question 10, ***30 points)

Writer Wang wrote a documentary reportage reflecting the "Ten-year Cultural Revolution" and submitted it to a publishing house for publication. The publishing house distributed several photos during the "Cultural Revolution" as illustrations of this book. When examining the documentary evidence, Wang felt that photos could add color to the work and did not raise any objection. After the book was published, photographer Zhang found that the photos were all his published works in the past, but Wang He Publishing House did not ask for his opinions beforehand and did not pay for them afterwards. The book didn't sign him as the photo author, so they sued Wang He Publishing House for infringing their copyright. The publishing house acknowledges the fact of infringement and is willing to bear the corresponding responsibility. However, Wang claimed that he was only the author of the book, and the photos were distributed by the publishing house, which had nothing to do with him, so he denied his tort liability.

Is Wu's reason valid? Why?

43. A factory developed an N-type switch, filed a patent application with China Patent Office in May 1997, and obtained the patent right of utility model in May 1998. 1In July, 1995, Factory B independently developed this N-type high-voltage switch. 1In April 1997, Factory B completed the necessary preparations for product design drawings and manufacturing, and sold 20 sets by the end of the same year. 1June, 1998, after discovering the sales behavior of Factory B, Factory A negotiated with Factory B, but Factory B thought that its behavior did not constitute infringement. In this case, a factory is ready to sue in court.

Please choose the correct answer from each of the following questions.

(1) _ _ _ _ cases can be under the jurisdiction of first instance.

A. the Supreme People's Court; B. the higher people's court of the municipality directly under the central government;

C. intermediate people's courts of municipalities directly under the central government; D. the basic people's court in a certain district of a city.

(2) the behavior of the second factory, _ _ _ _ _ _

A. It constitutes an infringement of the patent right of utility model of Factory A, because without the permission of the patentee, no one may use the patentee's patent right for profit;

B. It does not constitute an infringement of the patent right of Factory A, because Factory B enjoys the right of first use according to law;

C. It does not constitute an infringement of the patent right of utility model of Factory A, because the N-type high-voltage switch of Factory B is independently completed by itself;

D. It does not constitute infringement of a factory's utility model patent, because a factory's patent is not novel.

(3) Factory B believes that the technology developed by Factory A has been completed and put into trial production by Factory B before its patent application date, so the utility model patent of Factory A is invalid because it does not have novelty. View of Factory B _ _

A. correct; B. mistakes.

(4) China's patent law stipulates that the establishment condition of product patent preemption is _ _

A. It has been manufactured before the patent application date or has made necessary manufacturing preparations, and continues to be manufactured only within the original scope;

B. The same product has been manufactured or the necessary manufacturing preparations have been made before the patent application date, and the patent holder's permission has been obtained later;

C. Having manufactured the same product or made necessary manufacturing preparations before the patent authorization date, and paying remuneration to the patentee thereafter;

D those that have been manufactured or have made necessary manufacturing preparations before the patent authorization date and continue to manufacture.

(5) If Factory B wishes to declare the patent right of Factory A invalid, it shall _ _

A. file a request for invalidation of the patent right with the patent office;

B. file a request for invalidation of the patent right with the Patent Reexamination Board;

C. file a request for invalidation of the patent right with the local patent administration authority;

D. file a request for invalidation of the patent right with the people's court.

44. The main products of Factory A are snacks such as potato chips and crispy rice. Three years ago, the factory used the word "crispy skin" as a trademark on the packaging of the above products. Because of its emphasis on product quality, "Crispy" brand potato chips and crispy rice crust have been recognized and loved by consumers, and the sales area of products has been expanding. Now a factory has decided to apply for the registration of the "crispy skin" trademark, and the products used are still potato chips and crispy rice.

According to the above situation, please answer the following questions:

1. Explain the reasons why the application for trademark registration can be approved.

2. If the Trademark Office rejects the application for trademark registration, when and to whom should the reexamination request be made?

3. If the reexamination request is rejected by the reexamination organ again, can Factory A continue to use the trademark? Why?

Reference answer

First, multiple-choice questions (30 small questions in this big question, 65438+ 0 points for each small question, * * * 30 points)

1.c； 2.a； 3.d； 4.b； 5.d； 6.b； 7.b；

8.d； 9.b； 10.c； 1 1.b； 12.d； 13.c； 14.d；

15.b； 16.c； 17.c； 18.b； 19.c； 20.b； 2 1.c；

22.b； 23.c； 24.d； 25.d； 26.b； 27.d； 28.c；

29.b； 30.D

2. Multiple choice questions (this big question is ***5 small questions, each with 2 points, *** 10)

3 1.ACD32.BCD33.AB； 34.ABCD35.ABCD。

Three, short answer questions (this big question ***6 small questions, each small question 5 points, ***30 points)

36.( 1) The immateriality of the object is the essential attribute of intellectual property, and it is also the most fundamental difference between this right and the ownership of tangible property. ( 1)

(2) The general characteristics of distinguishing intellectual property from tangible property ownership are: ① State grant; (1) ② Exclusive; (1) ③ regional; (1) ④ timeliness; (1 min).

37.( 1) Performance right and performer right are the relationship between copyright and neighboring rights. ( 1)

(2) The right to perform is the right of the copyright owner to his works; Performer's right is the right that performers enjoy for their performances. (2 points)

(3) The performance right is one of the property rights (or "economic rights") of the copyright owner; Performers' rights include property rights and personal rights (or "spiritual rights").

38.( 1) Counterfeiting a registered trademark is a serious trademark infringement. It refers to the use of the same trademark as the registered trademark of others on the same commodity without permission. (3 points)

(2) Counterfeiting a registered trademark is a trademark infringement, which refers to the act of taking an unregistered trademark as a registered trademark of a commodity. Do not infringe the exclusive right of a specific trademark. (2 points)

39.( 1) Fair use refers to the system that under certain conditions, the law allows others to freely use copyrighted works without the consent of the copyright owner and without paying remuneration to the copyright owner. (2 points)

(2) Constitutive conditions

(1) The work used has been published; ( 1)

(two) the purpose of use is limited to personal study, research or appreciation, or for the needs of teaching, scientific research and public cultural interests, and shall not infringe upon other rights of the copyright owner; ( 1)

(3) The name of the work used and the name of the author must be indicated, and other rights of the author shall not be harmed. ( 1)

40.( 1) "exhaustion of patent rights" is a restriction on patent rights. (3 points)

(2) "Exhaustion of patent right" does not lead to the termination of patent right itself, but only for specific patented products that have been legally put on the market. (2 points)

4 1.( 1) The applicant must be the owner of the registered trademark, and the registration date of the registered trademark of the applicant is earlier than the registration date of the disputed registered trademark. (2 points)

(2) The date of applying for dispute adjudication is within 1 year from the date of approval and registration of the disputed trademark; ( 1)

(3) The application reason is that the two trademarks are the same or similar, and the goods used are the same or similar; ( 1)

(4) The reasons for application have not been put forward before. ( 1)

Iv. Case analysis questions (this big question is ***3 small questions, each small question is 10, and ***30 points)

42.( 1) Wang's reason cannot be established, and his behavior constitutes infringement. (3 points)

(2) The reasons are as follows:

① A photo as a photographic work is protected by copyright law; (2 points)

Wang used Zhang's photographic works in his published works without Zhang's consent, payment and signature, which infringed his copyright. (2 points)

Wang saw that the photos distributed by the publishing house were beneficial to his work, but he did not review the source of the photos and let the infringement facts happen, which was subjectively wrong. (3 points)

43.( 1)C； (2)B； (3)B； (4) a; 5. B. (2 points for each small question)

44.( 1) ① No, the word "crisp" directly explains the characteristics of potato chips and crispy rice, which violates the prohibition conditions or has no obvious characteristics.

② Yes. The word "crisp" has been recognized by consumers and played a role in identifying goods.

grade scale

There can be two answers, and whoever can say that this answer is supported by the clean-up will get 4 points.

(2) The Trademark Review and Adjudication Board (1 minute) within 5 days from the date of receiving the notice from the Trademark Office. ( 1)

(3)① Yes. General goods can use unregistered trademarks or unregistered trademarks.

2 can't. The industrial and commercial departments have the right to prohibit the use of trademarks that violate the conditions of trademark prohibition.

grade scale

There can be two answers, and those who can support their answers with reasons can get 4 points.