Answers to "Intellectual Property Law"

1. Fill in the blanks (1 point for each blank, ***16 points)

1. Trademark registration Approval of registration 2. Exclusive use license General use license 3. Trademark 4. Substantial creativity

5. Foreign priority Domestic priority 6. Right to modify and protect the integrity of the work 7. The principle of national treatment, the principle of priority, the principle of independence

8. Constitution and legal public *** interests

2. Multiple choice questions (each question is worth 2 points, ***20 points. Among the alternative answers given in each question. There is one or more Correct answer. Please fill in the number of the correct answer in the brackets. No points will be awarded for multiple choices, few choices, and wrong choices)

1. ABCD 2. BC 3. D 4. ABC 5. ABD 6. C 7. D 8. BCD 9. ABCD l0. ABD

3. Noun explanation (5 points for each question. ***20 points)

1. Exclusiveness of intellectual property rights: means that the owner of intellectual property rights has exclusive rights to his or her intellectual property rights.

2. Registered trademark disputes refer to disputes over exclusive rights to trademarks caused by the fact that the trademark registrant who applied for registration earlier believes that the trademark applied for registration by others later is identical or similar to its registered trademark on the same or similar goods.

3. Utility model: refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.

4. Trade secrets: refers to technical information and business information that are not known to the public, can bring economic benefits to the right holder, are practical, and the right holder has taken confidentiality measures.

4. Each short answer question is worth 10 points. ***20 points)

1. Briefly describe the meaning of novelty for inventions and utility models.

Novelty means that the same invention or utility model has not been published in domestic or foreign publications (3 points), publicly used in China (3 points) or in other ways before the filing date. It is known to the public (2 points), and no other person has filed an application for the same invention or utility model with the Patent Office and is recorded in a patent application document published after the filing date (2 points).

2. Briefly describe the difference between copyright and related rights.

(1) The subjects are different. The subject of copyright is the author of the work or other copyright holders, while the subject of neighboring rights is the disseminator of the work. (3 points)

(2) The objects are different. The object of copyright is the work, while the object of neighboring rights is the new form of communication given to the work by the disseminator. (3 points)

(3) The status of the two is different. Copyright, including property rights and personal rights, is independent and can be exercised independently, while neighboring rights depend on copyright. It is a right that is adjacent to copyright and belongs to the category of property rights except for performers' rights. (4 points)

5. Case analysis questions (24 points)

Answer: l. According to Article 8 of the Trademark Law before the amendment, a trademark should be original and distinctive. Text and graphics that directly express the features of goods or services lack the distinctiveness that a trademark should have and cannot play a role in identifying the trademark. used as a trademark. The new Trademark Law has made major changes to this provision. According to Article 11 of the Law, if a trademark itself lacks distinctive features but “has acquired distinctive features through use”, it can be registered as a trademark. (8 points)

2. Judging from the actual situation, although the applied trademark "Two Cards" has a certain narrative character about the characteristics of the designated service items such as "financial services, savings banks, credit cards", but after long-term use and extensive publicity by the applicant, the "One Card" "A strong link is established between the text and the applicant, and the text already serves the purpose of identifying the source of the service.

Moreover, Shangyuan's current evidence shows that other financial institutions are also using the "all-in-one card" text on similar services. The applied trademark has acquired distinctive features through use and is easy to identify. Although some signs that are descriptive of the characteristics of the goods or services will be difficult to obtain registration at the initial stage due to the lack of distinctive features that a trademark should have, these marks are often relatively superficial and have a direct connection with the goods, and are easily recognized by consumers. recognized. If after long-term use and extensive publicity by an enterprise, a mark with the above conditions has established a close connection with the enterprise, and consumers will naturally think of the enterprise's products or services as soon as they see a certain mark, then this mark In fact, it plays the role of trademark identification. (8 points)

3. In the practice of trademark review, it has always been recognized that signs that “have acquired distinctive features through use” can be registered as trademarks. The relevant provisions of Article 11 of the new Trademark Law provide a clear legal basis for the above situation. In this case, only China Merchants Bank used “all-in-one card” as a symbol of its financial services. It is generally known to the relevant public in China, that is, it has a high reputation. When consumers see or hear the mark, they can immediately connect with the operator using the mark, thereby identifying the source of the goods or services. Therefore, the trademark application can be initially reviewed and approved. (8 points)