A: Grant B. Because China is a system of applying first, the patent right is granted to the person who applied first, not the person who invented it first.
2. Both Party A and Party B are located in different areas of China, and both are producing and selling W products, and both use the M trademark, but Party B applies for the registered trademark one day earlier than Party A, who can get it?
A: B obtains a registered trademark, and the trademark is awarded to the person who registered first.
3. The patentee pays the annual fee. Is the annual fee the same every year, or is it increasing?
A: The annual fee increases every few years, and the inventions are 900, 1200, 2000, 4000 and 8000 respectively. The new model and appearance are 600,900,1200,2000 respectively.
4. Which of the following infringes the patent right? A bought B's patented products and then sold them to C, and A made a lot of profits. B Both Party A and Party B completed the invention of the same product, and Party B obtained the patent through application, but Party A then began to produce and sell its own products.
A: B. infringement Case a, the patent right is exhausted. When A buys B's patented products, B no longer enjoys the patent right of the products it sells. The case of B belongs to manufacturing and selling patented products. Although he developed it himself, it belongs to the scope of patent protection, so it belongs to infringement. But strictly speaking, in real life, the situation of wanting B may also be the right of first use.
Which one can be protected by copyright law? A scholar translated it.
A: A enjoys the copyright. Article 5 of the Copyright Law of People's Republic of China (PRC) stipulates: "This Law does not apply to: ① laws and regulations, resolutions, decisions and orders of state organs and other documents with legislative, administrative and judicial nature and their official translations. A is not an official translation. Enjoy it. B is the program preview table, and the TV program preview is for the convenience of TV viewers and readers. It is a service to make full and effective use of information to enrich cultural life. The plaintiff thinks that it is unreasonable for the defendant to publish some weekly TV program previews in his newspaper.
What rights do performers have for their performances? A performance right, b performer right, c portrait right.
A: b the rights of performers. Performance right refers to the right of the copyright owner to publicly perform his works according to law. China's Copyright Law defines the performance right as "the right to publicly perform a work and publicly broadcast the performance of the work in various ways." It is equal to the copyright owner's rights of reproduction, distribution, adaptation and translation. Performer's right is the right of the performer based on the performance of the work, the right of the performer to be born after the authorization of the author, and the right derived from the author's performance right. Therefore, the rights of performers and publishers, audio-visual producers and other works disseminators are collectively referred to as "neighboring rights" in relevant international conventions and most countries, that is, the rights adjacent to copyright. China's Copyright Law lists the performer's right in Chapter 4, which belongs to "copyright-related rights" to distinguish it from copyright.
7 What level of court is generally responsible for intellectual property civil disputes?
A: Intellectual property disputes are under the jurisdiction of the Intermediate People's Court determined by the Supreme People's Court.
Which court is under the jurisdiction of a civil action that infringes on the exclusive right to use a registered trademark? A place of trademark registration b place of plaintiff c place of infringement.
A: c place of infringement. It can also be the defendant's domicile (this option is not available).
Which of the following is a collective trademark? A Hisense TV B Green Food Sign C Korla Pear
A: C Korla fragrant pear.
10 What is the fine for infringing the exclusive right to use a registered trademark?
A: Article 52 of the Regulations on the Implementation of the Trademark Law of People's Republic of China (PRC) stipulates that the amount of fines for infringement of the exclusive right to use a registered trademark is less than three times the amount of illegal business operations, and the amount of fines that cannot be calculated for illegal business operations is less than 654.38+10,000 yuan.