I. Single Choice Questions (Of the four alternative answers to each sub-question, choose the one correct answer and put its code in the brackets after the question. Each sub-question 1 point, ***20 points)
1. The most basic one of the copyright property rights is the right to ()
A reproduction right B distribution right C rental right D information network transmission right
2. Narrowly defined neighboring rights initially only include ()
A publisher's right B performer's right
C audio-visual record producer's right D broadcasting organization's right
3. The validity period of a copyright licensing contract does not exceed ()
A5 yearsB8 yearsC10 yearsD20 years
4. At present, the most copyrights are exercised through the copyright collective management organizations ()
A artistic worksBmusical worksCfilm worksDcomputer software
5. In the United States, Canada, and Australia, the copyright of film works belongs to ()
5. In the United States, Canada, Australia and other countries, the copyright of a movie work belongs to ()
A producer B every natural person who participates in the creation of the movie
C it is agreed by the author and the producer through a contract
D the author enjoys the right of authorship, and the producer enjoys the other rights of the copyright
6. The following belongs to the right to the fruits of the right of creation of the industrial property rights ()
A the right of origin, B the right of trademark C the right of trade name B. Trademark right C. Trade name right D. Patent right
7. The following objects are not protected by the Patent Law ()
A A speed calculator invented by a certain A. B. A method of treating hypertension invented by a certain B.
C. A new method of rice hybrid cultivation invented by a certain C.
D. A video phone invented by a certain D.
8. The order of judgment of the "three" is ()
A novelty, inventiveness and utility B novelty, utility and inventiveness
C utility, novelty and inventiveness D utility, inventiveness and novelty
9. The units and individuals who have obtained a compulsory license for the implementation of the patent ()
A enjoy exclusive rights to implement the patent. p>A enjoys the exclusive right to enforce and has the right to license others to do so
B enjoys the exclusive right to enforce, but has no right to license others to do so
C does not enjoy the exclusive right to enforce, but has the right to license others to do so
D does not enjoy the exclusive right to enforce and has no right to license others to do so
10. The decision to declare a patent invalid shall be made by the ()
A Patent Office B Patent Reexamination Board
C Arbitration Institution D Court
11.Invention Patent request for substantive review of the statutory period from the date of application ()
A1 years B1 years and 6 months C2 years D3 years
12.China's Patent Law stipulates that the period of protection of utility model and design patent rights (
A5 years B8 years C10 years D15 years
13. Chinese units or individuals to foreigners to transfer the patent application right or patent right must be
()
A State Council approval B the State Council's relevant competent authorities approved
C provincial people's government approval D applicant's location at or above the county level of the patent competent authority Approval
14. In China can not be used as a trademark elements are ()
A letters B color combinations C three-dimensional signs D smell
15. The use of unregistered trademarks should be marked on the goods and packaging ()
A time of production and manufacturers B unregistered mark
C categories of goods D business name and address
16. p>16. The trademark applied for registration shall have ()
A distinctiveness B originality C novelty D aesthetics
17. The term of protection of new varieties of plants, from the date of authorization of vines, forests, fruit trees and ornamental trees
Timber is ()
A10 years B15 years C20 years D25 years
18. The earliest international convention for the protection of intellectual property rights to which China has acceded is ()
A Convention on the Establishment of the World Intellectual Property Organization B Paris Convention for the Protection of Industrial Property
C Madrid Agreement Concerning the International Registration of Trademarks D Berne Convention for the Protection of Literary and Artistic Works
19. The period of protection of copyright in software is ()
A20 years B25 years C50 years D70 years
20.China's copyright law "textbook provisions" belong to ()
A fair use B statutory licensing
C compulsory licensing D scheme licensing
2. Multiple-choice questions (in each of the five alternative answers. Select two to five correct answers. And fill in its code in parentheses after the question; wrong choice, multiple choice does not score. (2 points for each sub-question, *** 10 points)
1. The following statements about the author of the wrong ()
A the law provides that the natural person is the author of the work, a legal person or unincorporated entity can not be the author
B the de facto author is first of all a natural person C the copyright holder can only be the author
D in the work of a signed by the name of a citizen, a legal person or other social organizations as the author
EThe copyright enjoyed by an author may be incomplete
2.The similarities between the statutory license system of copyright law and the fair use system are ()
Aboth aim at focusing on the promotion of the interests of the social public ****, and limiting the rights of the copyright owner
BUse of another person's work must be published
CUse of another person's work Both do not need to obtain the permission of the copyright owner, and do not have to pay remuneration
D are subject to the limitations of the author's right of declaration E are not subject to the limitations of the scope of the subject matter
3. China's Trademark Law stipulates that the use of registered trademarks, one of the following acts, the Trademark Office ordered to make corrections in a limited period of time or revoke their registered trademarks ()
A self-alteration of the text of the registered trademark, graphics or a combination thereof
B to change the name, address or other registered matters of the registered trademark
C to use the registered trademark, and its goods are shoddy, substandard, and deceiving consumers
D to transfer the registered trademark E to stop using it for three consecutive years
4. The patent application filed in accordance with the law is accepted by the Patent Office, the right to use the registered mark is entitled to the right to use it. After the patent application is accepted by the Patent Office, a patent applicant can enjoy the rights of ()
A obtaining the status of a prior applicantB claiming priority on the basis of his/her application
C applying for a patent for an invention that will be given temporary protectionD assigning his/her patent application rights
E enjoying the right of withdrawal, the right to amend, the right to revise an application, the right to state an opinion
the right to make a substantive request and the right to waive the right of withdrawal
D transferring a registered trade mark of the patent applicant for three consecutive years
4. and the right of waiver
5. Trade secrets may protect the content of information including ()
A know-how B patented technology C source information
D production process E customer list
Three, judgment questions (think right, in parentheses after the question to play a "√", think wrong to play the "×". Each sub-question is worth 1 point, ****10 points)
1. Two or more intellectual property rights of the same attribute are allowed to co-exist in the same intellectual work. ()
2. A producer of sound recordings who uses another person's work to make a sound recording should obtain permission from the copyright holder and pay a fee
. ()
3. The source and target programs of the same computer program are the same work. ()
4. China's copyright law stipulates that the citizen, legal person or unincorporated entity who signs his name on the work is the author.
()
5. In the contract of copyright pledge, the type, territory and duration of the pledge
must be clearly agreed upon with respect to the copyright property right pledged. ()
6. In China, new plant varieties cannot be granted patent protection, but new plant variety
rights can be obtained through administrative means. ()
7. If a person who acts or sells for the purpose of production or business a patented
product or a product directly obtained in accordance with a patented method without knowing that it was made and sold without the permission of the patentee, and if he or she can prove the lawful origin of his or her product, he or she is not
liable to pay compensation. ()
8. According to China's Trademark Law, both the common and distinctive names of goods can be
registered as trademarks if they meet the statutory conditions. ()
9. If a registered trademark needs to change its sign, an application for change should 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.
()
4. Explanation of concepts (3 points for each sub-question, ***9 points)
1. originality
2. utility models
3. geographical indications
5. Short answer questions (5 points for each sub-question, ***20 points)
1. Briefly explain the difference between neighboring rights and copyright.
2. Briefly explain the concept and characteristics of the patent application right.
3. What are the factors that should be taken into consideration for the determination of well-known trademarks
4. Briefly explain the reasons why the anti-unfair competition law is categorized under the legal system of intellectual property.
Six, expository questions (10 points per question, ***20 points)
1. How to understand the fair use of "citation"
2. Try to explain the patent law in the "right of first use" legal system.
Seven, case study (11 points)
July 12, 1989 A to the Chinese Patent Office of the utility model patent application entitled "half-feeding rice and wheat combine harvester" (application No. 89214088.7), which was disclosed in June 27, 1990, the announcement of the No. CN2058549U. CN2058549U. On November 26, 1990, A, B, C, D, E and other 5 people **** to the Chinese Patent Office to put forward the "backpack semi-feed combine harvester" invention patent application (application No. 90110179.6). Both applications were about the structure of the backpack semi-feed combine harvester, and the technical programs were identical. After substantive examination, the patent office found that the application does not have novelty, on November 21, 1992 made a decision to reject the application. A dissatisfied, on January 12, 1993 to the Patent Reexamination Board filed a request for reexamination. The Patent Reexamination Board confirmed in its Reexamination Decision No. 614 of August 11, 1995 that the patent for the invention of "backpack-type semi-feeding combine harvester" applied for by A had already been disclosed by the utility model patents with the same content disclosed prior to the date of filing, and rejected A's reexamination request for loss of novelty, and upheld the refusal decision of the Patent Office of China. The decision of the Patent Office of China was upheld. A and others were dissatisfied with the decision of the Patent Reexamination Board, so they filed an administrative litigation with the Patent Reexamination Board as the defendant in the People's Court.
Plaintiff A claimed that: the Patent Reexamination Board determined that the patent for his invention did not have novelty based on the comparison document is his own application for utility model, according to the provisions of the Patent Law on the novelty of the same invention or utility model by another person filed an application to the Patent Office, and recorded in the patent application published after the date of filing, so his own application for utility model can not be denied the novelty of the invention patent, and that his own application for utility model can not be denied the novelty of the invention patent. Therefore, the utility model patent applied by the applicant could not negate the novelty of the invention patent, and the utility model patent had been authorized and had novelty, and the invention patent with the same technical content also had novelty. The plaintiff requested to revoke the decision of the Patent Reexamination Board No. 614, to order a re-examination, to make a decision that the patent application is patentable, and to compensate the plaintiff for the losses caused by the litigation.
Please briefly answer the following questions:
(1)The plaintiff in the case always thought that its own utility model could not negate the novelty of its own invention patent, do you think that this argument can be established why
(2)What is an offset applicationWhether this case involves an offset application
(3)Whether this case involves a priority Why
( 4)What decision should the court make on the patent administrative dispute
Intellectual Property Law Test Questions Reference Answers and Grading Criteria
I. Single Choice Questions (1 point for each sub-question, ***20 points)
1, A2, B3, C4, B5, A6, D7, B8, C9, D10, B
11, D12, C13, B14 D15, D16, A17, C18, A19, C20, B
II. Multiple Choice Questions (No points for wrong or multiple choices. 2 points per subquestion, ****10 points)
1, ACD2, AB3, ABCDE4, ABCDE5, ACDE
Three, judgment questions (1 point per subquestion, ****10 points)
1, x2, √3, √4, x5, √6, √7, √8, √9, √10, √
Quadruple, explanation of concepts questions ( 3 points per question, ***9 points)
1. Originality, also known as originality, means that the work is independently conceived by the author, and the content or form of expression of the work is not at all or basically not the same as that of the published works of other people, i.e., it is not copied, plagiarized, or tampered with by other people's works.
2. A new technical solution to the shape, construction or combination of a product.
3. A sign indicating that a commodity originates from a certain region and that the particular quality, reputation or other characteristics of the commodity are mainly determined by the natural or human factors of the region.
Fifth, short answer questions (5 points per question, ****20 points)
1. (1) the subject is different; (2) different objects of protection;
(3) different content; (4) different premises protected.
2. Patent application right refers to the citizens, legal persons or other organizations in accordance with the provisions of the law or contractual agreement to enjoy the invention and creation, the right to file a patent application with the patent office;
The characteristics of: (1) relativity; (2) temporary; (3) relevance.
3. (1) the degree of knowledge of the mark among the relevant public;
(2) the duration of the use of the mark;
(3) the duration, extent, and geographic scope of any publicity efforts for the mark;
(4) the record of the mark's protection as a well known mark;
(5) any other factors that make the mark well known.
4. (1) the anti-unfair competition law to other intellectual property rights as the adjustment of the object of their own protection;
(2) the anti-unfair competition law and various types of intellectual property rights and related laws can not govern the protection of the object, so as to make up for a single legal system of the "vacuum";
(2) the anti-unfair competition law with all kinds of intellectual property rights and relevant laws can not govern the object, so as to make up for a single legal system of "vacuum";< /p>
(3) anti-unfair competition law on various types of intellectual property rights on the intersection of the object to give "bottom protection", so that the knowledge of the protection of the object linked to form a whole.
Six, expository questions (each sub-topic 10 points, ****20 points)
1.
(1) citation is appropriate excerpts from their own works of others have been published works;
(2) the copyright law provides that, for the purpose of introducing, commenting on, or explaining a certain work, the appropriate citation of others have been published works in the work of others, is a fair use, is a kind of right of the copyright owner. It is a limitation on the rights of the copyright owner;
(3) "Proper citation" must have three conditions: first, the purpose of citation is limited to introducing, commenting on a work or explaining a certain issue (2 points); second, the cited part must not constitute a major part of the work of the cited person or a substantial part of the cited work;
Thirdly, it must not be detrimental to the interests of the copyright owner of the cited work.
(4) If the citation is improper, it may constitute infringement.
2.
(1) China's Patent Law provides that in the patent application before the date of manufacture of the same product, the use of the same method or have made the necessary preparations for the manufacture, use, and all only in the original scope of the continued manufacture, use is not regarded as an infringement of patent rights. (2) the right of first use is a limitation of the patent right, it is not only conducive to the protection of the interests of the prior inventor or designer, and can eliminate the "first to apply for the principle of" some of the disadvantages.
(3) enjoy the right of first use of the conditions include: first, the implementation of the perpetrator of the manufacture of the same product, the use of the same method of behavior, or the manufacture of the use of the necessary preparations must occur before the date of the patent application; second, the implementation of the perpetrator of the invention or the perpetrator of the implementation of the invention or the perpetrator of the invention or the design of their own research and development or design, or through the lawful way of transfer, absolutely not by improper means from another person. It is not stolen from others by improper means. Third, the perpetrator continues to make or use the invention within the original scope after another person obtains a patent right for the same invention-creation. Fourthly, unless transferred together with the enterprise to which the right of prior use belongs, the right of prior use may not be transferred separately.
(4) When the person committing the act uses the right of prior use as a defense to an infringement action, the person committing the act shall bear the burden of proof.
Seven, case analysis (11 points)
Answer points:
(1) can not be established. Because the technical content involved in the application has been disclosed to the community in the patent of the previous independent patent, the plaintiff is confusing prior art with an offsetting application.
(2) The conflicting application refers to the same invention or utility model that was filed with the patent office by another person prior to the filing of the present patent application, and is recorded in the patent application documents published after the filing date of the present patent application. This case does not involve the issue of offsetting applications.
(3) Not involved. The reason is that the previous invention and invention application in this application case has been authorized and published by the Patent Office.
(4) The court should make a decision to maintain the reexamination decision of the Patent Reexamination Board.