Answers to online homework assignments of Dongcai 09 Autumn Semester on Intellectual Property, Administrative Law and Administrative Litigation Law, and Investment Project Evaluation

Dongcai 2009 Autumn Semester "Intellectual Property Law" Online Assignment 1

Total score of test paper: 100 Test time: -- Score of test paper: 100

Single choice Multiple-choice questions

1. Single-choice questions (*** 15 questions, *** 60 points.) Score: 60V 1.

Photographer A in 1947 A photographic work was taken on March 10; he passed away on August 3, 1989; his son B published A's work for the first time on July 15, 1998. On February 5, 1999, C included A's work in the "Celebrity Photography Portfolio" produced by him without B's permission, and marked A as the photographer on his work.

In this example, C (

)

A. infringes A’s copyright

B. infringes B’s copyright

C. Infringes the copyright of A and B

D. Does not constitute infringement

Correct answer: D Full score: 4 points Score: 4

2. Regarding adjacency Regarding related issues in the rights system, the correct statement is ( )

A. Newspapers and magazines enjoy exclusive publishing rights over the works they publish

B. Performers’ rights are only A kind of property right

C. Performer's right is a type of neighboring right

D. Without the permission of the copyright holder of the relevant work, the video producer cannot use the work

Correct answer: C Full score: 4 points Score: 4

3. Film studio A makes B’s novel "Red Dust" published in "Literary Quarterly" into a movie without authorization, then A ( )

A. Infringed B’s copyright, but not the copyright of Literary Quarterly

B. Infringed the copyright of both B and Literary Quarterly

C. Infringes the copyright of "Literary Quarterly", but does not infringe B's work only

D. Infringes neither B's copyright nor the copyright of "Literary Quarterly"

Correct answer: A Full score: 4 points Score: 4

4. A TV station plans to play the VCD disc "Rabbit Raising Technology" published by others in the TV station's "Get Rich" program, then , the TV station ( )

A. It does not need the permission of the VCD disc producer, but it must pay remuneration to it

B. It neither needs the permission of the VCD disc producer nor No remuneration is required

C. Both the permission of the VCD disc producer and remuneration must be paid

D. Only the permission of the VCD disc producer is required, but There is no need to pay it

Correct answer: C Full score: 4 points Score: 4

5. The meaning of publication in my country’s Copyright Law refers to the publication of the work ( )

A. Publish and distribute

B. Make it public

C. Register with the Copyright Office

D. Fix it in some material form

Correct answer: B Full score: 4 points Score: 4

6.

On January 1, 1998, Professor Liu translated a newly promulgated law into English by himself , submitted to "China Dharma Forum" and published on June 1, 1998. Relevant state agencies believed that Professor Liu's translation was of high quality, and after consultation with Liu, issued a document on December 5, 1998, designating the translation as the official translation.

Professor Liu's translation (

)

A. Has enjoyed copyright since January 1, 1998

B. Since June 1, 1998 Enjoy the copyright from January 1, 1998 to December 5, 1998 C. Enjoy the copyright from December 5, 1998

D. Enjoy the copyright from January 1, 1998 to December 5, 1998

Correct answer: D Full score: 4 points Score: 4

7. The protection period of the signature right

A. is 50 years

B. The life of the author and 50 years after his death

C. 50 years after the work was first published

D. Unrestricted

Correct answer: D Full score: 4 Score: 4

8. The protection period for citizens’ right to publish works in my country’s copyright law is ( )

A. The author’s lifetime plus 50 years after death

B. 50 years after the completion of the work

C. No limit

D. During the author's lifetime

Correct answer: A Full score: 4 points Score: 4

9. Copyright is obtained due to ( )

A. Creation

B. Registration

C. Authorization

D. Approval

Correct answer: A Full score: 4 points Score: 4

10. "Southern Youth Daily" plans to draw from the essay published in the supplement "Fangcaodi" Some of the articles were selected and compiled into "Times" for publication. Here, "Southern Youth Daily" ( )

A. Should obtain the consent of the original author of the selected article and pay remuneration

B. Should obtain the consent of the original author of the selected article, But there is no need to pay remuneration

C. It is not necessary to obtain the consent of the original author of the selected article, and there is no need to pay remuneration

D. It is not necessary to obtain the consent of the original author of the selected article, but remuneration should be paid

Correct answer: A Full score: 4 points Score: 4

11. Well-known painter A gave a painting he painted to B, who kept it at home. In, B exhibited the above painting, B’s behavior ( )

A. Infringed on A’s right of signature

B. Infringed on A’s right of exhibition

C. Infringes A’s distribution rights

D. No infringement

Correct answer: D Full score: 4 points Score: 4

12.

On April 9, 1997, a publishing house received a novel manuscript from a certain author by registered mail. As of October 9 of the same year, the publisher had not given any reply.

Regarding the above situation, which of the following statements is correct?

A. The silence of the publisher should be regarded as consent to the adoption, and the writer has the right to ask the publisher to formally sign a contract

B. The silence of the publisher should be deemed as disagreement with the adoption, The writer only has the right to ask the publisher to return the manuscript

C. The publisher still has three legal months to decide whether to adopt it or not. The writer now has no right to request the publisher to sign a contract or reject the manuscript

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D. If the publisher fails to respond within the legal time limit to adopt or not adopt, the writer has the right to request the publisher to return the manuscript and provide financial compensation

Correct answer: D Full score: 4 points Score: 4

13. When teacher A of a certain college was studying at a certain university, after obtaining the examination papers prepared by professor B of the university, he included the set of examination papers in the "Review Guide" compiled by him, and Publish the Guide. Here, A (

)

A. No infringement, because the test paper is not applicable to the copyright law

B. No infringement, because the test paper has been published for the first time It entered the public domain after the exam

C. Infringement, because the test paper is protected by copyright law

D. Whether it is infringement should be determined according to the specific circumstances

Correct answer: D Full score: 4 points Score: 4

14. A submits his work to B magazine. Without A's permission, B entrusts C to modify A's work, and then B's magazine publishes the works signed by C and A in its magazine. Then ( )

A. B has infringed A’s copyright, but C has not infringed

B. B has not infringed A’s copyright, but C has infringed the right

C. Both B and C infringe A's copyright

D. Neither B nor C infringe A's copyright

Correct answer: C Full score: 4 points Score: 4

15. The term of a collective copyright licensing contract is generally ____ years.

A. 5

B. 10

C. 15

D. 20

Correct answer: B Full score: 4 points Score: 4

2. Multiple choice questions (*** 10 questions, *** 40 points.

) Score: 40V 1. Statutory licensed use is divided into ( )

A. Exclusive license

B. Non-exclusive license

C. Sub-license

D. Others

Correct answer: AB Full score: 4 points Score: 4

2. The acquisition of copyright is generally ____

A. Automatic protection principle

B. No formality doctrine

C. With formality doctrine

D. Registration and filing

Correct answer: AB Full marks : 4 points Score: 4

3. Dramatic works ( )

A. Refers to a whole play and not just the script

B. Only refers to the script , rather than a complete play

C. Refers to plays, operas, local operas, radio dramas and other works for stage performance

D. Refers to radio dramas, TV dramas, etc. for stage performance

Correct answer: BC Full score: 4 points Score: 4

4. Which of the following actions of the publisher should require the author's permission?

A. The book publisher makes textual modifications and deletions to the work

B. The book publisher makes modifications and deletions to the content of the work

C. Newspaper publisher , magazines make textual modifications and deletions to the works

D. Newspapers and magazines make textual modifications and deletions to the works

Correct answer: BD Full score: 4 points Score: 4

5. Performer’s rights include ( )

A. Sound and video recording rights

B. Performance rights

C. Performer’s image The right not to be distorted

D. The right to live broadcast

Correct answer: ACD Full score: 4 points Score: 4

6. Reasonableness under the Copyright Law Scope of use includes

A. Personal study use

B. Copying a small amount for scientific research for researchers to use

C. Appropriate citation for comment on current affairs news

D. Translate the work into Braille and publish it

Correct answer: ABCD Full score: 4 points Score: 4

7. The Copyright Law stipulates four rights including the right of authorship When understanding the right of signature in the moral right of a copyright, the correct view is ( )

A. The right of signature can only be enjoyed by the author

B. The author decides not to Signing means that the author has given up his right to authorship

C. During the existence of the relationship between husband and wife, the non-author has the right to sign the other's work

D. After the death of the author, The right of signature is still protected by copyright law

E. The right of signature of professional works must belong to the citizen who created the work

Correct answer: ABD Full score: 4 points Score: 4

8. Which of the following rights belong to the copyright owner ( )

A. Right of compilation

B. Right of screening

C. Performance rights

D. Distribution rights

E. Publication rights

Correct answer: ABCDE Full score: 4 points Score: 4

9. (Multiple choice) Which of the following behaviors can be done without the author’s permission and without paying him/her remuneration?

A. A theater troupe held a benefit performance to donate to the welfare of the disabled and performed a script that had been published by others

B. For teaching needs, a university copied the teaching materials written by others and distributed them to Students, charge production fees

C. A writer translates other people's Chinese novels into ethnic minority languages ??and publishes them domestically

D. A company transfers sculptures to the public square After taking the photo, make it into a picture for distribution

Correct answer: BC Full score: 4 points Score: 4

10. Copyright moral rights ( )

A. Is the copyright of each country A right protected by law

B. It is a right that is inseparable from the specific identity of the author or his sole copyright owner

C. It can exist independently of the existence of copyright property rights

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D. In our country, it includes the right of publication, the right of authorship, the right of modification and the right to protect the integrity of the work

Correct answer: BCD Full score: 4 points Score: 4

Doncai 09 Autumn Semester "Intellectual Property Law" Assignment 2 (100)

Single choice: BCAAD\CAAAB\BCCBB

Multiple choice: ABCD\ABC\ABCD\AC\ABC ABCD\AB \AC\AB\AB

Dongcai 2009 Autumn Semester "Intellectual Property Law" Online Assignment 3

Total score of test paper: 100 Test time: -- Score of test paper:

Single-choice questions and multiple-choice questions

1. Single-choice questions (*** 10 questions, *** 40 points.) Score: 40V 1. Intellectual property rights are your own ( ) Legal rights to the results of intellectual activities

A. Creativity

B. Invention

C. Novelty

D. Uniqueness

Correct answer: A Full score: 4 points Score: 4

2. The transfer of a registered trademark is ____

A. Transfer by request

B. Unnecessary transfer

C. Fulfill legal procedures

D. None of the above statements are correct

Correct answer: A Full score: 4 points : 4

3.

A and B are colleagues. A once commissioned B to write a script. B agreed to write it out of sympathy, but the two parties did not enter into any written contract. No clear verbal agreement was made. B completed the manuscript on time and submitted it to A for review. After A read it, B asked B to make revisions. Later, A was transferred to another province due to work relationship. After B revised the work, he published it in his own name. After A learned about it, he claimed that the copyright belonged to him.

According to the law, who owns the copyright of this script?

A. Neither A nor B enjoys it

B. A and B enjoy it together

C. A only enjoys it

D. B enjoys it all

Correct answer: D Full score: 4 points Score: 4

4.

Middle school English teacher A has decades of teaching experience , summed up a set of learning methods to improve English proficiency. The school assigned young teacher B to summarize A's learning methods into written materials for promotion. Based on attending classes and asking A for advice, B compiled materials introducing A's learning methods based on his own ideas. Later, at the request of the publishing house, B further processed the material and wrote the book "How to Learn English" and signed it in his own name. After the book was published, A raised an objection, believing that he should be the author of the book and not B. The school also raised objections, believing that B’s publication infringed the school’s copyright in the summary materials. Who owns the copyright of this book?

A. Should be enjoyed by A

B. Should be enjoyed by B

C. Should be enjoyed by A and B*** together

D. Should belong to the school

Correct answer: B Full score: 4 points Score: 4

5.

Hangzhou Wahaha (Group) Co., Ltd. is registered "Wahaha", "Wahaha", "Wahawa", "Hahawa" and other trademarks will help its well-known trademark "Wahaha" to be effectively protected. These four trademarks constitute (

)

A. Defensive trademark

B. Collective trademark

C. Joint trademark

D. Combination trademark

Correct answer: C Full score: 4 points Score: 4

6.

A, B, and C collaborate to create one song. A wants to submit the work to a music journal for publication. Person B objected on the grounds that the journal had published articles critical of his work. C is undecided.

Which of the following expressions about this incident is correct

A. If B insists on objecting, A cannot submit the work to the journal for publication

B. A has the right to publish the work regardless of B's ??objection Submit the work to the journal for publication

C. With C’s consent, A can submit the work to the journal for publication regardless of B’s objection

D. If C expresses the same reason If you object, A cannot submit the work to the journal for publication

Correct answer: B Full score: 4 points Score: 4

7. The licensee of the registered trademark license contract performs the following Which behavior constitutes trademark infringement?

A. Without the consent of the licensor, fail to indicate the name of the licensor on the goods using the registered trademark

B. Without the consent of the licensor, expand the use of the trademark to on different types of goods

C. Modify the image of the trademark without the consent of the licensor

D. After the expiration of the trademark license contract, continue to use the trademark without the consent of the licensor Use this trademark

Correct answer: D Full score: 4 points Score: 4

8. my country’s patent law stipulates that the statute of limitations for patent infringement is from the patentee or interested party. From the date when the person knew or should have known about the infringement ( )

A. 6 months

B. 18 months

C. Four years

D. Two years

Correct answer: D Full score: 4 points Score: 4

9. The grace period for renewal of a registered trademark is ( )

A. 3 months

B. 2 months

C. 6 months

D. 1 month

Correct answer: C Full score: 4 points Score: 4

10.

As far as property rights in intellectual property are concerned, the limitation of statutory protection period is a basic feature, but it is not Every property right in intellectual property has a time limit. According to the relevant provisions of the Intellectual Property Law, the correct statement is (

)

A. Manufacturer’s name rights, trade secret rights, and trademark rights all have statutory protection periods

B. The manufacturer’s name right and trademark right have statutory protection period, but the trade secret right has no statutory protection period

C. The manufacturer’s name right, trade secret right and trademark right have no statutory protection period

D. There is no statutory protection period for manufacturer name rights and trade secret rights, but there is a statutory protection period for trademark rights

Correct answer: D Full score: 4 points Score: 4

II. Multiple choice questions (*** 15 questions, *** 60 points.

) Score: 58V 1. Copyright restrictions include____

A. Protection period restrictions

B. Geographical restrictions

C. Rights restrictions

D. Occasion restrictions

Correct answer: ABC Full score: 4 points Score: 4

2. Copyright is the author’s exclusive right to works in the field of ( )

A. Literature

B. Business activities

C. Science

D. Art

Correct answer :ACD Full score: 4 points Score: 4

3. The following behaviors are infringement ( )

A. Appreciating works published by others

B. Without permission License and publish other people's works

C. Distort or tamper with other people's works

D. Use other people's works and refuse to pay remuneration

Correct answer: BCD Full score: 4 points Score: 4

4. Author ( )

A. The person who directly produces literary, artistic and scientific works

B. Must be the person signed on the work

C. Is the main copyright owner

D. Is the original and complete copyright subject

Correct answer: ACD Full score: 4 points Score: 4

5. The right of interpretation includes ( )

A. The right of adaptation

B. The right of translation

C. The right of annotation

D. Right of arrangement

Correct answer: ABCD Full score: 4 points Score: 4

6. The contents of the trademark license contract include ____

A. Target

B. Quantity

C. Quality

D. Subject

Correct answer: ACD Full score: 4 points :4

7. Which of the following behaviors of A constitute patent infringement?

A. A is entrusted by licensee B of the patent license contract to process components of the patented product

B. Under the guidance of B, A produces a new product invented by B product, B later obtained the patent for the product

C. A himself engaged in invention and creation, and his invention covered the main technical features of B’s patent, and A implemented his patent without consulting with B

D. A exploits B’s patent without B’s permission

Correct answer: CD Full score: 4 points Score: 4

8. Trademark registration is invalid The reasons are ( )

A. Infringement of other people’s rights of prior use

B. Not in compliance with current legal provisions

C. Harmful to socialist morals

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D. Exaggerated propaganda and deceptive

Correct answer: ABCD Full score: 4 points Score: 4

9. The main rights of the trademark owner__

__

A. Right to use

B. Right to license

C. Right to transfer

D. Right to dispose

Correct answer: ABCD Full score: 4 points Score: 4

10. Which of the following trademarks are ____ compulsorily registered?

A. Tobacco

B. Drugs

C. Machinery and equipment

D. Transportation

Correct Answer: AB Full score: 4 points Score: 4

11.

After the "Great Universe" brand product produced by a company was put into the market, the sales situation has been poor, so it was decided to Products are advertised. After the advertisement was produced, upon review, it was determined that the advertisement contained some false propaganda that was inconsistent with the actual situation and may constitute unfair competition. The contents of this kind of publicity include (

)

A. Claiming the ordinary "Big Universe" trademark as a well-known trademark in China

B. Declaring the domestically produced trademark Claim that the "Great Universe" brand products are imported products

C. Claim that the "Great Universe" brand products are household essentials

D. Claim to produce "Great Universe" brand products of domestic enterprises are foreign-invested enterprises

Correct answer: ABD Full score: 4 points Score: 4

12. According to the provisions of the Copyright Law, which of the following acts should not only bear civil liability but also Can the copyright administration department impose administrative penalties?

A. Publish the thesis without the permission of the author of the paper

B. Make an audio tape of the singer’s performance without the permission and publish it

C. Broadcasting the piano player's solo concert live without the permission of the piano player

D. Copying and distributing the video produced by the teaching video producer without the permission of the teaching video producer

Correct answer: BD Full score: 4 points Score: 2

13. The reasons for the termination of trademark rights are ( ).

A. Canceled

B. Natural termination

C. Non-renewal

D. Canceled by the Trademark Office

Correct answer: ABCD Full score: 4 points Score: 4

14. Among the following punitive measures for copyright infringement are____

A. Stop infringement

B. Compensation for losses

C. Confiscation of illegal gains

D. Fines

Correct answer: ABCD Full score: 4 points Score: 4

15. Limitations of patent rights include____

A. Term limit

B. Limitation on scope of use

C. Limitation on power

D. Legal restrictions

Correct answer: AC Full score: 4 points Score: 4

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