1. Fill in the blanks (L stands for each blank, *** 16)

1. Trademark registration is approved. Exclusive use license 3. Trademark 4. Rich creativity

5. Foreign priority, domestic priority, 6. The right to modify and protect the integrity of the work. Principles of national treatment, priority and independence

8. Constitutional and legal interests

Second, multiple-choice questions (2 points for each small question, ***20 points. In the alternative answers to each question. There are one or more correct answers. Please put the serial number of the correct answer in brackets. Multiple choices, fewer choices, and wrong choices do not score)

1.ABCD 2。 3 BC. D 4。 ABC 5。 ABD 6。 C 7。 D 8。 BCD 9。 ABCD l0。 all but dissertation (ABD)

Third, the noun explanation (5 points for each small question. ***20 points)

1. Exclusivity of intellectual property means that the owner of intellectual property has exclusive rights to his intellectual property.

2. Disputes over registered trademarks: refers to disputes over the exclusive right to use a trademark caused by the fact that the trademark registrant who applied for registration in advance thinks that the trademark applied for registration by others on the same or similar goods is the same as or similar to the registered trademark.

3. Utility model: refers to a new technical scheme suitable for practical use for the shape, structure or combination of products.

4. Trade secrets refer to technical and commercial information that is not known to the public, can bring economic benefits to the obligee, is practical, and is kept confidential by the obligee.

Four, short answer each small l0 points. ***20 points)

1. Briefly describe the meaning that inventions and utility models should have novelty.

Novelty means that no identical invention or utility model has been published in domestic and foreign publications before the application date (3 points), has been used publicly in China (3 points) or is known to the public in other ways (2 points), and no identical invention or utility model has been applied to the Patent Office by others and recorded in the patent application documents published after the application date (2 points).

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

(1) The topic is different. The subject of copyright is the author of the work or other copyright owners, and 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, and the object of neighboring right is a new form of communication given to the work by the communicator. (3 points)

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

Five, case analysis questions (24 points)

A: L. According to Article 8 of the Trademark Law before the amendment, a trademark should be original and distinctive. Words and graphics that directly indicate the functions of goods or services lack the distinctiveness that trademarks should have, and cannot be used as trademarks. The new trademark law has made great changes to this clause. According to the provisions of Article 11 of this Law, a trademark may be registered if it lacks distinctive features and "has acquired distinctive features through use". (8 points)

2. From the actual situation, although the trademark application for the word "two cartoons" has certain narrative characteristics in the designated services such as "financial services, savings banks and credit cards", after long-term use and extensive publicity by the applicant, the word "one card" has established close contact with the applicant and played a role in identifying the source of services. In addition, there is evidence that other financial institutions also use the "one card" feature in similar services. The trademark applied for has obvious characteristics and is easy to identify after use. Some signs describing the characteristics of this kind of goods or services will be difficult to obtain registration at the initial stage because of the lack of obvious characteristics of trademarks, but because these signs are often simple and directly related to the goods, they are easily recognized by consumers. If, after long-term use and extensive publicity by the enterprise, the logo with the above situation has established close contact with the enterprise, and consumers will naturally think that it is the product or service of the enterprise when they see a logo, then this logo actually plays the role of trademark recognition. (8 points)

3. In the practice of trademark review, it has always been recognized that a trademark with distinctive features after use can be registered as a trademark, and 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 has used "one card" as a symbol of its service in financial services. It is widely known to the relevant public in China, that is, it has a high reputation. When consumers see or hear the sign, they can immediately contact the operator who uses the sign, thus playing the role of identifying the source of goods or services. Therefore, the trademark application can be preliminarily examined and approved. (8 points)