This paper is divided into two parts, the first part is multiple-choice questions, the second part is non-multiple-choice questions; 40 points for multiple-choice questions, 60 points for non-multiple-choice questions, out of 100 points; the examination time is 150 minutes.
Part I multiple-choice
I. Single choice questions (this question *** 30 small questions, 1 point each small question, *** 30 points. In each sub-question listed 4 options, only one option is in line with the requirements of the question, please fill in the letters before the correct option in parentheses after the question.)
1. A completes the design of a factory emblem commissioned by B, but the two parties have not agreed on the ownership of its copyright. Therefore, the copyright of the emblem should be attributed to
A. B; B. B's competent authority; C. A; D. A and B.
2. Painter A sells his famous painting to B for 20,000 dollars. B thus acquires
A. the ownership of the original painting and the right to exhibit the original painting;
B. the personal right of authorship arising from the painting;
C. the property right of authorship arising from the painting;
D. the ownership of the original painting and the right of authorship.
3. A adapts his novel into a TV series with the permission of B. What A obtains from B is
A. neighboring right; B. compilation right; C. translation right; D. adaptation right.
4. Zhang independently creates an academic paper. According to China's copyright law
A. Zhang can enjoy copyright only after his paper is published;
B. Zhang's paper can be copyrighted no matter whether it is published or not;
C. Zhang's paper can be copyrighted only if it is registered;
D. Zhang's paper can be copyrighted only if it is marked with a copyright symbol.
5．Wang Mou's novel "The Eastern Star" was first published in 1997 and Wang Mou died in the following year. The copyright arising from this work will terminate on
A. June 1, 2047;
B. June 2, 2047;
C. December 31, 2047;
D. December 31, 2048.
6. The director of a movie has the right of
A. publication; B. attribution; C. adaptation; D. broadcasting.
7. The term of the book publishing contract on the exclusive right of publication shall not exceed
A. 5 years; B. 10 years; C. 20 years; D. 50 years.
8．In order to do his doctoral dissertation, A makes copies of several papers in the library. A's behavior belongs to
A. infringing use; B. legally licensed use;
B. compulsory licensed use; D. fair use.
9. A publishes B's article in a journal under his own name without authorization. A's behavior violates
A. the copyright of the journal; B. B's copyright;
C. the exclusive right of publication of the journal; D. the copyright of B and the journal.
10. If A changes the name of B's work without authorization and publishes it under his own name, then
A. A's act is an act of co-creating with B's work;
B. A's act is a fair use of B's work;
C. A's act constitutes plagiarism;
D. A's work is a coincidence with B's work.
11. B, an employee of Company A, has been laid off for one year and has made an invention related to his work in his former organization, and at the same time, Company A has made the same invention. you think that B's invention is
A. a job-related invention; B. a non-job-related invention;
C. a collaborative invention; D. a commissioned invention.
12. Company A assigns two of its researchers, B and C, to research and develop a technology. After the development of the technology was completed, company A decided to apply for a patent on the technology to the Chinese Patent Office. When filling out the patent application, the column of "inventor" should be filled in
A. the name of Company A; B. the name of B or C;
C. the name of Company A and the names of B and C; D. the names of B and C.
13. On March 5, 1993, Zhou filed a patent application with the United States Patent and Trademark Office (USPTO) for his invention M; and then on February 3, 1994, he filed a patent application for the same invention M with the Chinese Patent Office. According to the principle of international priority, when the Chinese Patent Office examines its novelty and inventiveness, its filing date is
A. February 3, 1994; B. January 1, 1994;
C. March 5, 1993; D. March 5, 1994.
14. Wang Mou, the patentee of the invention, eight months after the date of the announcement of the grant of the patent, found that Company A manufactured and sold the patented product identical to its invention patent, so it sued Company A for infringement. At this time, Company A may adopt the following measures
A. requesting the Patent Office to revoke Wang's patent;
B. requesting the Patent Office to declare Wang's patent invalid;
C. requesting the Patent Reexamination Board to revoke Wang's patent;
D. requesting the Patent Review Board to declare Wang's patent invalid.
15．The patentee wants to give up his patent right, then, according to the provisions of China's Patent Law, the patentee may
A．Make a declaration of giving up his patent right, which will be registered and announced by the Patent Office;
B．Make a written declaration of giving up his patent right, which will be registered and announced by the Patent Office;
C．Make an oral declaration of giving up his patent right, which will be registered and announced by the Patent Office;
C．Make a declaration of giving up his patent right, which will be registered by the Patent Office.
D. Filing a written statement of abandonment of patent rights, which shall be registered and publicized by the Patent Office.
16. In a patent license contract, the licensee A has the right to implement the patent within the time and territory agreed in the contract and in the manner of use agreed in the contract, and at the same time, B as the licensor can not only implement the patent by himself, but also re-license the implementation of the patent to a third person. The license is
A. exclusive license; B. exclusive license;
C. general license; D. sub-license.
17. Li's patent for an invention is terminated by the expiration of the term of protection. Thereafter, Li still marked the patent mark and the original patent number on the products of that kind manufactured and sold. Li's behavior is
A. infringement of the patent; B. counterfeiting the patent;
C. pretending to be a patent; D. legal use of the patent.
18. A Chinese citizen A transfers a patent right to a Japanese person B. According to China's patent law, A and the transfer must be approved by the appropriate agency. The agency is
A. the state council; B. the state council relevant authorities;
D. A provincial government; D. A unit.
19. A Chinese fast-food restaurant has designed an emblem according to its services and specialties. The emblem is a kind of
A. certification mark; B. sales mark;
C. service mark; D. collective mark.
20. Factory A has been using the trademark "Red Lantern" on its drinking utensils since 1995 and filed an application for registration of the trademark in August 1997 with the Trademark Office. Factory B as early as June 1997 to the Trademark Office to apply for registration of the "red lantern" trademark for its drinking products. The trademark "Red Lantern" shall belong to
A. A; B. B;
C. A and B; D. A and B negotiated to determine the party.
21. Hongchang Furniture Factory has designed the following product trademarks, which do not conform to the relevant provisions of the Trademark Law
A. "Hongchang"; B. "Changbaishan";
C. Olympic Five Rings; D. "Happiness", "Happiness".
22. Company A has recently registered a trademark, and B thinks that the trademark violates the trademark prohibition provisions under the Trademark Law, it can request the relevant authority to revoke the registered trademark of Company A. This organization is
A. Trademark Office; B. Trademark Review and Adjudication Board;
C. Local industrial and commercial administration department; D. People's Court.
23. A licenses B to use the registered trademark A. The rights and obligations of the parties should be
A. A and B are not responsible for the quality of goods; B. A and B are jointly and severally liable;
C. A supervises and B guarantees; D. A and B **** bear the responsibility for compensation.
24. An agricultural trading company, due to the change of production, want to transfer a number of registered trademarks owned by others. The agricultural company is free to transfer its
A. collective trademarks; B. 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. A wine factory produces "Yingguang" brand wine, its bottle label and box of text, graphics, color and "Marlboro" trademark is basically the same.
A. Wine and cigarettes are not the same or similar goods, and the winery does not constitute infringement;
B. The winery uses "Marlboro" as decoration, and there is no infringement;
C. The winery's wines have not been sold, and have not yet infringed;
C. The winery's wines have not been sold, and have not yet infringed;
C. The winery's wines are not sold, and have not yet infringed.
D. "Marlboro" is a well-known trademark and should be given special protection.
26. A factory's "White Rose" registered trademark is about to expire, and it wants to apply for renewal. According to China's Trademark Law, the application time for renewal can only be
A. 6 months before the expiration date; B. 6 months before and after the expiration date;
C. 6 months after the expiration date; D. 12 months before and after the expiration date.
27. "Zhenhua" Electrical Appliance Industry Company produces "Flying Wave" brand washing machine according to its own design drawings. The washing machine has a design patent. Does not belong to the protection of industrial property rights is
A. "Zhenhua" manufacturer's name; B. "Flying Wave" trademark;
C. Design patent; D. Graphic works.
28. Engineer A developed the formula of carbonated beverage according to the assignment of his organization, and Company B hired A to work for the company with a high salary, and A brought the formula of the beverage to Company B for employment. According to China's Unfair Competition Law
A. A shall be liable for infringement, B is not liable for infringement;
B. B shall be liable for infringement, A is not liable for infringement;
C. A and B shall be liable for infringement;
D. A and B do not bear the responsibility for infringement.
29. A clothing company in 1995 to Hongda as the company name registered in the city, and the following year to "Hongda" as a suit trademark in the State Trademark Office approved the registration. According to the relevant provisions
A. "Hongda" right to the manufacturer's name and "Hongda" trademark rights in the country have exclusive effect;
B. "Hongda" manufacturer's name right in the city have exclusive effect;
B. "Hongda" manufacturer's name right in the city have exclusive effect. "
D. The right to the "Hongda" trade name and the right to the "Hongda" trademark have exclusive effect only in the city.
30. Xinjiang Hami region fruit farmers produce Hami melon is a local specialty. Fruit farmers Zhang wanted to "Hami" brand as the trademark of the melon, and to the relevant departments to apply for registration. According to the relevant provisions
A. Zhang can obtain the trademark right of "Hami";
B. Zhang and other farmers can **** with the trademark right of "Hami" brand;
C. Zhang can exclusively enjoy the trademark right of "Hami";
C. Zhang can exclusively enjoy the trademark right of "Hami";
C. Zhang can exclusively enjoy the trademark right of "Hami". "D. Zhang can not obtain the right to register the trademark.
Two, multiple-choice questions (this big question ***5 small questions, each small question 2 points, ***10 points) in each small question listed in the five options have two to five options are in line with the requirements of the topic, please will be the correct option before the letter in parentheses after the question. No marks will be awarded for over-choice, under-choice or wrong choice.
31．Since 1980, China has acceded to many international conventions for the protection of intellectual property, including
A．Convention on the Establishment of the World Intellectual Property Organization (WIPO);
B．Agreement on Intellectual Property Rights (AIPR) of the World Trade Organization (WTO);
C．Paris Convention for the Protection of Industrial Property Rights (Paris);
D．Berne Convention for the Protection of Literary and Artistic Works (Berne Convention);
D．
E. Treaty on the Registration of Marks in the European Union.
32. China's copyright law stipulates that the duration of protection for the right of publication and the right of authorship in copyright is limited. Among the following options, the duration of protection is limited:
A. Right of Attribution; B. Right of Distribution;
C. Right of Broadcasting; D. Right of Reproduction;
E. Right of Modification;
C. Right to Publish;
C. Right to Publish;
D. Right to Reproduce.
33. A and B together pirated a best-selling novel, "There's No Such Thing as an Unbroken Feast", and sold it at a stall in a certain place. C purchased a copy of the pirated book and lent it to D and E to read. The people who infringed on the copyright of the novel <
A．A．B．C．C．C．D．D．E．C．C．
34. China's Patent Law stipulates that an applicant for a patent for invention should submit the following documents
A. Application; B. Claims; C. Specification; D. Abstract; E. Pictures or photographs.
35. A local industrial and commercial bureau investigated and dealt with a black spot of assembling counterfeit "Forever" brand bicycles. The following acts constitute trademark infringement
A．A．A assembles "Forever" brand bicycles with other people;
B．B．Makes "Forever" brand logo;
C．C．Harboring the "Forever" brand bicycles for sale. "D. D. D. Hardware store suspects that the bicycle is counterfeit and still sells it for him;
E. E. E buys a bicycle for the sake of cheapness. E. E. E bought a "Forever" bicycle on the cheap.
Part II
Three, short answer questions (this question ***6 small questions, each small question 5 points, ***30 points)
36. Briefly explain the difference between intellectual property rights and tangible property rights.
37. Briefly explain the difference between performance rights and performers' rights.
38. Briefly explain the difference between counterfeiting a registered trademark and passing off a registered trademark.
39. What is fair use in copyright? What are the conditions for it?
40. How to understand the exhaustion of patent rights?
41. What should be noted in the ruling of the dispute over the application for registration of trademarks?
Four, case study questions (this question ***3 questions, 10 points per question, ***30 points)
42. Writer Wang wrote a reflection of the "Cultural Revolution ten years" documentary report to a publishing house, the publishing house for the book with a number of " The publishing house issued a number of photographs of the "Cultural Revolution" period as illustrations for the book. When reviewing the book, Wang felt that the photographs could add color to the work, so he did not raise any objections. After the release of the book, the photographer Zhang Mou found that the photos are his own work published in the past, and Wang Mou and the publisher neither in advance to consult their own views, and then did not pay the remuneration, the book also did not sign his name as the author of the photographs, and therefore sued Wang Mou and the publisher infringed on his copyright. Publishing house admitted the fact of infringement, willing to bear the corresponding responsibility. But Wang claimed that he was only the author of the text part of the book, the photographs for the publisher to distribute, has nothing to do with his own, so denied his responsibility for infringement.
Test five a reason is valid? Why?
43. Factory A developed an N-type switch and filed a patent application with the China Patent Office in May 1997, and in May 1998, it obtained a utility model patent. Factory B in July 1995 to research this N type of high-voltage switch. in April 1997, factory B completed the finalization of the product drawings and manufacturing of the necessary preparatory work, to the end of the same year **** sales of 20 units. in June 1998, factory A found that the sales behavior of factory B, so with factory B, but factory B believes that their own behavior does not constitute an infringement of the law. Under these circumstances, Factory A is prepared to file a lawsuit with the court.
Please choose one correct answer to each of the following questions.
(1) ＿＿＿＿ can have first instance jurisdiction over the case.
A. the Supreme People's Court; B. the Higher People's Court of a municipality directly under the central government;
C. the Intermediate People's Court of a municipality directly under the central government; D. the Basic People's Court of a district of a city.
(2) Factory B's behavior, ＿＿＿＿
A. constitutes an infringement of Factory A's utility model patent right, because no one can implement the patentee's patent for profit without the patentee's permission;
B. does not constitute an infringement of Factory A's patent right, because Factory B enjoys the right of prior use according to law;
C. does not constitute an infringement of Factory A's utility model patent right, because Factory B enjoys the right of prior use according to law;
C. does not constitute an infringement of Factory A's patent right.
B. It does not constitute an infringement of the patent right of Factory A's utility model, because Factory B's N-type high-voltage switch is independently accomplished by itself;
D. It does not constitute an infringement of Factory A's patent right of utility model, because Factory A's patent does not have novelty.
(3) Factory B argues that the technology developed by Factory A has been completed and test-produced by Factory B before the date of its patent application, and therefore Factory A's utility model patent is invalid without novelty. Factory B's argument ___
A. is correct; B. is wrong.
(4) China's Patent Law stipulates that the conditions for the establishment of the right of prior use of a product patent are that ____
A. the same product has been manufactured or the necessary preparations for its manufacture have been made before the date of the patent application, and that the manufacture has continued only within the scope of the original one;
B. the same product has been manufactured or the necessary preparations for its manufacture have been made before the date of the patent application and that it has been authorized subsequently by the patent owner
C. the same product was made or the necessary preparations for making it were made before the date of the grant of the patent, and remuneration was afterwards paid to the patentee;
D. the same product was made or the necessary preparations for making it were made before the date of the grant of the patent, and the manufacture was continued.
(5) If Factory B wishes to declare the patent of Factory A invalid, it should ____
A. file a request for declaration of invalidity of the patent with the Patent Office;
B. file a request for declaration of invalidity of the patent with the Patent Reexamination Board;
C. file a request for declaration of invalidity of the patent with the local patent administration authority;
D. file a request for declaration of invalidity of the patent with the People's Court. D. Filing a request for invalidation of patent right to the People's Court.
44. The main products of Factory A are potato chips, potpourri and other small foodstuffs. Three years ago, the factory in the packaging of the above products, the use of the word "crispy" as a trademark, because of its focus on product quality, "crispy" brand potato chips, potpourri by the consumer's recognition and love, the product sales area continues to expand. Factory A has decided to apply for registration of the trademark "Crisp", and the goods used are still potato chips and potatoes.
Based on the above situation, please answer the following questions:
1. Explain whether the trademark registration application can be approved.
2. If the Trademark Office rejects the application for registration of the mark, when and to whom should the request for review be filed?
3. If the request for review is again rejected by the reviewing authority, can Factory A continue to use the trademark? Why?
Reference Answers
I. Single-choice Questions (This question ***30 questions, 1 point each, ***30 points)
1. C; 2. A; 3. D; 4. B; 5. D; 6. B; 7. B;
8. D; 9. B; 10. C; 11. B; 12. D; 13. C; 14. D;
15. B; 16. C; 17. C; 18. B; 19. C; 20. B; 21. C;
22. B; 23. C; 24. D; 25. D; 26. B; 27. D; 28. C;
29. B; 30. D.
II. Multiple-choice questions (this question ***5 subquestions, each subquestion 2 points, ***10 points)
31. ACD; 32. BCD; 33. AB; 34. ABCD; 35. ABCD.
Three, short answer questions (this question ***6 subquestions, each subquestion 5 points, ***30 points)
36. (1) The immateriality of the object is the essential attribute of the intellectual property right, and is the key element of that intellectual property right. essential attribute of intellectual property rights, is the most fundamental difference between that right and tangible property ownership. (1 point)
(2) The general characteristics of intellectual property rights that distinguish them from ownership of tangible property are: (1) state granting; (1 point) (2) exclusivity; (1 point) (3) territoriality; (1 point) (4) temporality; (1 point).
37. (1) The performance right and the performer's right are the relationship between copyright and neighboring rights. (1 point)
(2) The performance right is the right of the copyright owner to his work; the performer's right is the right of the performer to his performance. (2 points)
(3) The performance right is one of the property rights (or "economic rights") of the copyright holder; the performer's right includes both property rights and personal rights (or "moral rights").
38. (1) Counterfeiting a registered trademark is a more serious form of trademark infringement. It refers to the unauthorized use of a trademark that is the same as another person's registered trademark on the same goods. (3 points)
(2) Counterfeiting a registered trademark is a kind of trademark infringement, which refers to the act of using an unregistered trademark as a registered trademark on goods. It does not violate the exclusive right to use a particular trademark. (2 marks)
39. (1) Fair use is a system in which the law permits others to freely use a copyrighted work without the consent of the copyright owner and without paying remuneration to the copyright owner under certain conditions. (2 points)
(2) the conditions
① the work being used has been published; (1 point)
② the purpose of use is limited to personal study, research or enjoyment, or for the purpose of teaching, scientific research and other undertakings, as well as the needs of the public *** cultural interests, and shall not infringe on the copyright owner's other rights; (1 point)
③ must indicate the work being used name, the name of its author, and must not jeopardize the other rights of the author. (1 point)
40. (1) "Exhaustion of patent rights" is a limitation on patent rights. (3 marks)
(2) "Patent exhaustion" does not result in the termination of the patent right itself, but only with respect to the specific patented product that has been legally placed on the market. (2 marks)
41. (1) The applicant must be the owner of the registered trademark, and the registration date of the applicant's registered trademark precedes the registration date of the registered trademark in dispute. (2 marks)
(2) The date of application for a ruling on the dispute is within one year from the date of approval of the registration of the disputed trademark; (1 mark)
(3) The grounds on which the application is based are that the two trademarks are identical or similar, and that the goods used are the same or similar; (1 mark)
(4) The grounds on which the application is based have not been filed before this date. (1 points)
Four, case analysis questions (this question *** 3 small questions, each sub-topic 10 points, *** 30 points)
42. (1) Wang's grounds can not be established, and its behavior constitutes an infringement. (3 points)
(2) The reasons are as follows:
① Zhang's photographs are protected by copyright law as photographic works; (2 points)
② Wang used Zhang's photographic works in his own published works without obtaining Zhang's consent, paying him remuneration, or signing his name, and therefore infringed his copyright. (2 marks)
③Wang Mou saw that the publisher's allotment of photographs in favor of his own work, but did not examine the source of the photographs, let the infringement of the fact, so he was subjectively at fault. (3 points)
43. (1) C; (2) B; (3) B; (4) A; (5) B. (2 points each)
44. (1) ① can not. The word "crispy" directly describes the characteristics of potato chips and potpourri, which violates the conditions of prohibition or does not have distinctive features.
②Can. The word "crispy" has been used and recognized by consumers, creating a recognition of the goods.
Marking Criteria
Two answers are allowed, and anyone who can say that the reasoning supports the answer will be awarded 4 marks.
(2) Within 15 days from the date of receipt of the notice from the Trademark Office, (1 mark) Trademark Review and Adjudication Board. (1 point)
(3) ① Can. The unregistered trademark can be used on general goods, or the unregistered trademark can be used.
② can not. The trademark violates the conditions of trademark disablement, the industrial and commercial departments have the right to prohibit its use.
Marking Criteria
Two answers are allowed, and anyone who can give reasons to support his or her answer will be awarded four marks.