In April 2004, I took part in the national unified examination of Intellectual Property Law and the answers.

1. Multiple-choice questions (30 small questions in this big question, each small question 1 point, a total of 30 points)

Of the four options listed in each question, only one meets the requirements of the topic. Please fill in the code in brackets after the title. Wrong selection, multiple selection or no selection will not be scored.

1. The first revision of the copyright law in China was promulgated and implemented in (D).

A. 1 991June1day B. 65438+February1day in B.2000.

C.2001July1D.2001June10/October 27th.

2. Unless otherwise agreed by the parties, radio stations and television stations broadcast published sound recordings.

A. You don't need permission from the copyright owner, but you have to pay remuneration.

B. You don't need permission from the copyright owner, and you don't need to pay remuneration.

C must obtain permission from the copyright owner and pay remuneration.

D you must get permission from the copyright owner, but you don't need to pay.

3. Liu bought a painting from the painter Sun, and Liu enjoys the ownership of the painting and (d).

A. Right of adaptation B. Right of lease C. Right of reproduction D. Right of display

Party A published a short article in Beijing Evening News without any copyright statement, and Party B recommended it to Reader's Digest magazine. When Reader's Digest magazine published this article (b)

A party a must agree and pay remuneration to party a.

B. Without the consent of Party A, Party B shall not pay remuneration to Party A..

C. It must be approved by the editor of Beijing Evening News and paid to Beijing Evening News.

D it must be approved by the editor of Beijing Evening News, but there is no need to pay remuneration to Beijing Evening News.

5. The conflicting application for judging the novelty of the invention patent refers to (b).

A. Before the filing date, others filed an application with the Patent Office of any country and recorded it in the patent application documents published after the filing date.

B. Before the filing date, others filed an application with the China Patent Office and recorded it in the patent application documents published after the filing date.

C before the announcement date, others filed an application with the China patent office and recorded it in the patent application documents published after the application date.

D before the date of publication, others have filed an application with any national patent office, which is recorded in the patent application documents published after the date of application.

6. Zhao applied for a design patent on April 1 2002 and was authorized on February 8, 2003. The term of protection of the patent right ends at (a).

20 12 April 1

C. April C.2022 1 Day February 8, 2023

7. The later patented invention X depends on the earlier patented invention Y.. The relevant departments may, according to the application of the X patentee, grant a compulsory license to exploit the Y patent on the condition that the X patent shall be superior to the Y patent (B).

A. Economic significance and technological progress B. Significant technological progress with great economic significance

C. Significant economic significance D. Technological progress

8. Scope of protection of invention patent right (D)

A. the scope recorded in the manual shall prevail.

B. The scope recorded in the patent certificate shall prevail.

C the scope recorded in the claims and the specification shall prevail.

D. Subject to the contents of the claims, the description and drawings can be used to interpret the claims.

9. The principle of obtaining trademark rights in China is (C).

A. Announcement principle B. Use principle C. Registration principle D. Registration principle

10. China's Trademark Law stipulates that the element of a trademark is (c).

A. Words, graphics, letters, numbers, smells and three-dimensional signs

B. Words, graphics, letters, numbers, music and three-dimensional symbols

C. Words, graphics, letters, numbers, color combinations and three-dimensional signs

Text, graphics, letters, numbers, sound combinations and three-dimensional symbols

1 1. The standard use of trademarks by trademark owners should be (a)

A. only registered trademarks and goods approved for use.

B. Only registered trademark graphics and approved commodity categories are allowed.

C. Only trademarks identical or similar to those approved for registration and goods identical or similar to those approved for use.

D it is limited to all firms related to the approved registered trademark, the goods approved for use and the business scope.

12. According to China's copyright law, which of the following acts belongs to fair use? (4)

A. The library copies the works collected by the library to meet the needs of enterprises.

B. Performing published works by others

C. broadcasting works published by others.

D using published works of others for personal study, research or appreciation.

13. The validity period of a registered trademark is (b)

A. 10 year, and it will be terminated upon expiration.

B. 10 years, and the insurance can be renewed upon expiration, with unlimited renewal times, each time being 10 years.

C.20 years, after which it will be terminated.

D.20 years, renewable upon expiration, with unlimited renewal times, 20 years each time.

14. When calculating the amount of compensation for trademark infringement, if it is difficult to determine the losses suffered by the infringed party due to infringement, the highest legal compensation that the people's court can judge according to the circumstances of infringement is (D).

A.100,000 yuan B.200,000 yuan C.300,000 yuan D.500,000 yuan

15. Party A owns the patent of automobile engine, and Party B has made necessary production preparations for manufacturing products containing the patented technology before the patent application date, and Party B enjoys (C).

A. Priority B. Right to license others C. Priority D. Transfer right

16. In a patent infringement dispute, under which of the following circumstances does the burden of proof shift? (4)

A. those involving product invention patents

C. patents involving new technologies and inventions D. patents involving new product manufacturing methods and inventions

17. According to the Trademark Law, if a trademark contains a geographical indication of a commodity but the commodity does not originate from the area marked by the indication, it is easy to mislead the public (A).

A. If it is unregistered and prohibited to use, but it has been registered in good faith, it will remain valid.

B. No registration or use is allowed, and the registered ones must be revoked.

It is not registered, but it can be used by anyone in the area.

D. unregistered but can be used as unregistered trademarks.

18. The starting date of the protection period of legal person works is (a)

A. Date of completion B. Date of publication C. Date of registration D. Date of publication

19. Jiang and Wang Yu 1960 jointly created the novel West Mountain Storm. Jiang died on1June 2, 998, and Wang died on1October 7, 2002. In China, the copyright protection of West Mountain Storm expires (D

A. June 2, 2048 B.204865438+February 3 1

C. 165438+20521October 7th d.65438+February 3rd, 20521

20. The name of the manufacturer in China consists of (A).

A. Name, font size, industry and organizational form of administrative divisions

B. Country name, font size, industry and organizational form

C. Name, brand name, industry and organizational form of the competent department

D. Name of administrative division, industry and organizational form

2 1. Which of the following does not apply to the protection of China's copyright law? (3)

A. Copybook for calligraphy B. Palace cookbooks C. Periodic Table of Chemical Elements D. Local Records

22. According to China's patent law, the following option can be protected by patent (B).

A. scientific discovery B. drugs C. treatment of diseases D. animal varieties

23. Under which of the following circumstances can a compulsory license be granted to exploit a patent for invention or utility model? (1)

Country A and B are in a state of emergency, in order to support poor areas.

C. for teaching and scientific research purposes D. for implementing national standards

24. Among the following options, (c) is the factor that should be taken into consideration when identifying well-known trademarks in China.

A. it must be a registered trademark of China.

B. It must be a registered trademark of a certain country.

C. public awareness of trademarks must be considered.

D it must be advertised in China public media for more than three years.

25. A company randomly marks a nonexistent patent number on its products, which belongs to (B).

A. Counterfeit patents

C. Patent theft D. Patent abuse

26. Liu Jiaoshou's textbook "Intellectual Property Law" was published in a publishing house, and the publishing house enjoyed (B) on the book.

A. Right of adaptation B. Right of layout design C. Right of copyright D. Right of adjacency

27. Which of the following rights belongs to the content of personal rights of works? (1)

A. Right of modification B. Right of reproduction C. Right of distribution D. Right of lease

28. In which international convention was the priority principle of industrial property first established? (4)

A. World Intellectual Property Organization Convention B.TRIPS Agreement

C.PCT Treaty D. Paris Convention

29. For service inventions, the right to apply for a patent belongs to (c).

A. Inventor B. The research group where the inventor is located

C. The legal entity of the inventor D. The competent authority of the inventor entity

30. The earliest in international conventions to give special protection to well-known trademarks is (a)

A. Paris Convention B. Madrid Agreement

C. Nice Agreement

Second, multiple-choice questions (there are 5 small questions in this big question, 2 points for each small question, a total of 10 points)

Of the five options listed in each question, two to five meet the requirements of the topic. Please fill in the code in the brackets after the title. Wrong selection, multiple selection, less selection or no selection do not score.

3 1. The intellectual property listed in the third section of Chapter 5 of China's General Principles of Civil Law is (ABCDE).

A. Copyright B. Patent C. Trademark Right

D. Right of discovery E. Right of invention and other scientific and technological achievements

32. Which of the following subjects can be the patent applicant? (Ade)

A.A University B University Computer College C University Computer College Software Teaching and Research Section

D. A professor at the University Computer College and a student at the University Computer College

33. The constituent element of an invention patent is (A B E).

A. Novelty B. Creativity C. Prominence

D. originality e. practicality

34. The exclusive right of integrated circuit layout design includes (CD)

A. Right of manufacture B. Right of use C. Right of reproduction

D. Commercial use right E. Distribution right

35. Give 20 years of protection of new plant varieties are (BCDE)

A. Herbs, lianas and trees

D. Fruit trees E. Ornamental trees

Three, short answer questions (this big question has four small questions, each small question 5 points, a total of 20 points)

36. What is compilation?

37. Briefly describe the trade secrets mentioned in China's anti-unfair competition law.

38. Briefly describe the timeliness of intellectual property rights.

39. Briefly describe the lease right stipulated in China's copyright law.

Fourth, the essay question (10)

40. On the legal licensing system stipulated in China's copyright law (the concept of legal licensing and five legal licensing situations are required to be discussed).

Verb (abbreviation of verb) case analysis problem (this big problem has 2 small problems, each small problem scores 15, with a total of 30 points)

4 1.w company produced and sold 5,000 inverter household air conditioners by using H company's patented technology without permission. Knowing that W company infringed H company's patent right, G home appliance sales company purchased 2000 sets from W company, and actually sold 1600 sets. M hotel also bought 200 sets from W company and installed them without knowing that W company infringed H company's patent right. After discovering the above-mentioned production, sales and use behaviors of W Company, G Company and M Hotel, H Company sued the court and sued W Company, G Company and M Hotel for infringing their patent rights.

Please analyze the following issues according to the laws of China:

(1) Is the production and sales behavior of W Company infringing? Should we bear the corresponding liability for compensation?

W company's behavior constitutes infringement and needs to bear the liability for compensation. Because it used H company's patented technology without permission and sold infringing products.

(2) Is the sales behavior of Company G infringing? Should we bear the corresponding liability for compensation? Can we continue to sell the 400 air conditioners in stock?

G company's sales behavior constitutes infringement and needs to bear the liability for compensation. Unable to continue to sell infringing products in stock because it knows that they are infringing products;

(3) Is the use of M Hotel infringing? Should we bear the corresponding liability for compensation? Can this 200 air conditioner continue to be used?

M company's use behavior constitutes infringement and does not need to bear the liability for compensation. Because it belongs to Article 63 of the Patent Law, "if you use or sell a patented product that you don't know is manufactured or sold without the permission of the patentee, or a product obtained directly according to the patented method, you can prove the legal source of the product, and you will not be liable for compensation." The provisions of the. But you can't continue to use these 200 infringing products.

42. While browsing website A, songwriters A and B saw the name of the song they had published in New Songs magazine through the search engine, and continued to click into the "New Songs World" column of website B. At the same time, website B played the song sung by singer C. A and B thought that C sang the song without his consent, which infringed their copyright, and that the songs created by websites A and B without permission infringed their copyright. C thinks that singing the songs published by A and B does not need permission, and it is the obligation of the record company to pay remuneration, which does not infringe the copyrights of A and B; A website claims that it didn't publish and play this song, but only retrieved the catalogue of this song through a search engine, and didn't copy or use it in other ways, so there is no infringement of copyright. Website B claimed in its "Music World" column that this song was uploaded by netizens themselves. Website B deleted the song after receiving the notice from both parties, but found that it was later posted by netizens. Because the "Music World" column has a large number of songs uploaded every day, website B cannot review and delete them at any time, nor can it delete the whole column for a song. Website B can't do anything about the copyright protection of songs, and no longer takes measures. Party A and Party B bring websites C, A and B to court in case of unsuccessful negotiation with them.

Try to analyze:

Analyze a, b, c, d, record company, website a and website b.

A and B are the songwriters of the song respectively;

C is a performer who sings songs without permission;

Ding is the person who uploads songs without permission;

The recording company is an unauthorized recorder;

The website is a network service provider that provides connection services;

Website B is an Internet service provider that provides content services. After consultation, Party A and Party B once deleted the infringing songs, but stopped taking measures after being uploaded by netizens again.

Does (1) C constitute an infringement of the copyrights of both parties? Why?

C constitutes an infringement of the copyright of both parties, because the songs that others enjoy copyright are sung without permission;

(2) Does Website A constitute infringement, and why?

Under normal circumstances, the behavior of website A generally does not constitute infringement, but if the link is not disconnected in time after negotiation, thus expanding the infringement result and helping the infringer to commit infringement, it constitutes infringement, that is, it needs to bear joint and several liability for joint infringement. Because although it is difficult to control the specific search results of search engines and their attached temporary links, it is fully capable of controlling the links to specific websites or web pages. During the negotiation, Party A and Party B, although the definition of their behavior (defined as playing) is not very accurate, have clearly stated that they are the copyright owners of the works involved, and their rights have been infringed, hoping to stop the infringement as soon as possible, so A should disconnect the link in time.

(3) Does Website B constitute infringement, and why?

The behavior of website B constitutes infringement, because after negotiation between Party A and Party B, although the infringing songs have been deleted, no measures have been taken after being re-uploaded by netizens. This kind of behavior should belong to "knowing that the internet user has infringed the copyright of others through the internet, or the copyright owner has definite evidence to warn him, but still does not take measures such as deleting the infringing content to eliminate the infringement consequences", so that the infringement can continue.

(4) What responsibilities should websites A and B bear if they constitute infringement? (Don't answer if the infringement is not enough)

For website B, according to the provisions of Article 130 of the General Principles of Civil Law (if two or more persons jointly infringe and cause damage to others, they shall bear joint liability), they shall be investigated for joint tort liability with the infringer (D) who directly commits the infringement. If website A constitutes the infringement mentioned in (2), its liability is the same as website B..

(5) The websites of Party A and Party B or Party A and Party B found that the netizen who uploaded their songs on website B was Ding. Does Ding's behavior constitute infringement?

Ding's behavior constitutes infringement, because Ding uploaded the performance of the song without permission.