Exam purpose and requirements
To test whether candidates have the comprehensive ability and quality to engage in advanced intellectual property practice. Candidates are required to master and apply intellectual property theories, methods and techniques, flexibly use relevant policies and regulations, and carry out in-depth and appropriate intellectual property creation, protection, application, management, supervision and research.
Professional knowledge and practice involved in the exam
This subject has various question types and the assessment points are highly complex. In answering test questions, candidates need to comprehensively and flexibly apply relevant professional theories, policies and regulations, and conduct reasonable and in-depth judgment, analysis or evaluation. The professional knowledge and practical scope covered by the examination are as follows:
1. Basics of intellectual property. Including an overview of the intellectual property system, the acquisition mechanism and protection mechanism of intellectual property; intellectual property management of enterprises, intellectual property management of scientific research organizations, intellectual property management of colleges and universities, intellectual property finance, evaluation and management of intellectual property assets, intellectual property operations; intellectual property publicity Improvement of public service capabilities, modernization of the intellectual property public service system, major projects of intellectual property public service; principles of international protection of intellectual property, international protection system of intellectual property, etc.
2. Patent application. Including patent application documents (claims, descriptions, design patent applications), difficult legal issues in the patent authorization process (patent protection object, novelty, inventiveness), reexamination procedures and invalidation request review procedures, characteristics of international patent applications and Programs etc.
3. Patent protection. Including the scope of protection of invention and utility model patent rights, the scope of protection of design patents, the determination of patent infringement, which is not regarded as patent infringement; civil liability for patent infringement, and the burden of proof for patent infringement. Technology and existing design defense, statute of limitations and loss compensation for patent infringement, pre-litigation interim measures and pre-litigation evidence preservation for patent infringement; patent counterfeiting and legal liability, investigation and punishment of patent counterfeiting, etc.
4. Patent use. Including the main contents, processes and operational practices of patent analysis and early warning; the management model and construction of patent alliances, the operating mechanism of patent alliances, patent alliances and technical standards; the main types of patent navigation, the basic process of patent navigation, and the main types of patent navigation Operational practices, etc.
5. Trademark basics. Including an overview of trademarks and trademark law, the basic characteristics of China’s trademark legal system, the background and content of the current trademark law amendments, trademark registration, administrative adjudication agencies and law enforcement agencies (changes before and after institutional reform); principles and ways to obtain exclusive rights to registered trademarks , application for trademark registration, substantive examination of trademark registration application, trademark opposition, trademark review and trademark registration; renewal, change and transfer of registered trademark, termination of registered trademark (cancellation, revocation and invalidation); Madrid international trademark registration Basic concepts and overview of the Madrid system, application for international registration of Madrid trademarks (China is the country of origin), review of territorial extension of international registration of Madrid trademarks (China is the designated country), procedures for follow-up business of international registration of Madrid trademarks, international registration and country-by-country registration differences etc.
6. Management of trademark use. Including the use of trademarks, licensed use of registered trademarks, pledge of registered trademarks, printing of trademarks, improper use of registered trademarks; application of trademark brand strategies, social responsibility of brand enterprises; the history and current situation of the establishment of the trademark agency system, and the trademark agency industry Management, trademark law’s management of trademark agency behavior, etc.
7. Protection of exclusive rights to registered trademarks. Including the significance of protecting the exclusive right of a registered trademark, the rights restrictions on the exclusive right of a registered trademark, the relationship and handling of the exclusive right of a registered trademark and other prior rights; the principles for determining the infringement of the exclusive right of a registered trademark, the factors for determining the infringement of the exclusive right of a registered trademark, infringement Types of behaviors that infringe the exclusive rights of registered trademarks, legal liability for infringement of exclusive rights of registered trademarks, handling of behaviors that infringe exclusive rights of registered trademarks, the relationship between trademark violations and trademark infringements; international regulations for the protection of well-known trademarks, protection of well-known trademarks in my country Law enforcement practices, standards for determining trademark well-known status, protection procedures for well-known trademarks, similarities and differences between the protection of well-known trademarks and the protection of general trademark exclusive rights; my country’s external liaison agencies and their responsibilities in the early warning and emergency response mechanism for overseas trademark risks of enterprises, overseas trademark risks of enterprises management and control, emergency mechanisms to deal with overseas trademark risks, etc.
8. Copyright.
Including analysis of the concept of copyright, the origin and development of the copyright system, the theoretical basis of copyright protection; the scope of copyright protection, copyright protection period and rights restrictions; copyright transfer, licensing, pledge, copyright capital market and securitization, copyright collective management; copyright infringement Judgment standards, direct infringement and indirect infringement in copyright law, remedies for copyright infringement; my country's copyright administrative institutions and their evolution, national copyright development strategy, corporate copyright development strategy; international copyright protection and its new developments, international copyright protection Basic principles, adaptability of international copyright protection and my country’s copyright system, copyright issues in Sino-US intellectual property disputes, etc.
9. Geographical indications. Including geographical indication application subjects and application procedures, substantive requirements and application of geographical indication product protection, acquisition, use and management of geographical indication rights registered as certification trademarks or collective trademarks, legal use of geographical indication special signs; geographical indication products Protection, protection of geographical indications registered as certification marks or collective trademarks; geographical indication protection mechanism of the World Intellectual Property Organization, geographical indication protection mechanism of the World Trade Organization, geographical indication protection systems of major countries and regions in the world, and the practice of overseas protection of Chinese geographical indications wait.
10. Trade secrets. Including the formulation of a trade secret management system, the drafting of contracts related to trade secrets; the components and forms of infringement of trade secrets, remedies for infringement of trade secrets, types and consequences of legal liability for infringement of trade secrets, and defenses for infringement of trade secrets Reason etc.
11. Integrated circuit layout design, new plant varieties and genetic resources, etc. Including innovation and protection of integrated circuit layout design, management and application of integrated circuit layout design rights; innovation and protection of plant varieties, management and application of new plant variety rights; genetic resources, traditional knowledge, folk literature and art, trade names, etc.