I. Explanation of nouns (2 points for each small question, 20 points for * * *)

1, Intellectual Property Law: Intellectual Property Law is the general name of legal norms regulating various social relations arising from the creation and use of intellectual achievements and the early confirmation, protection and formal governance of the intellectual property rights of the owners of the achievements.

2. Commodity decoration refers to the decoration of commodities or their packages, containers and other attachments.

3. Commodity trademarks refer to trademarks used in commodities, which are divided into manufacturing trademarks and sales trademarks according to different users.

4. Certification trademark: Also known as guarantee trademark, refers to a commodity trademark or service trademark controlled by an organization that has the ability to detect and supervise goods or services and used by people other than them to prove the origin, raw materials, manufacturing methods, quality, accuracy or other specific qualities of the goods or services.

5. Registered trademark: a trademark approved and registered by the State Trademark Office.

Second, short answer questions (each small question 10, ***40)

1. Please define the concept of intellectual property according to your understanding.

A: Intellectual property rights are the sum of all civil rights enjoyed by the owners and users of governance achievements according to law, including copyright, trademark right, patent right, valve coil, invention right and other rights of scientific and technological achievements. Intellectual property is a concept that is constantly expanding and deepening with the development of science and technology, literature and art.

2. Please describe the legal nature of intellectual property rights.

Intellectual property is an intangible property right and a special civil right, which is the legal nature of intellectual property.

3. Please describe the scope of intellectual property rights.

The scope of intellectual property rights can be divided into broad sense and narrow sense.

Two major international conventions for the protection of intellectual property rights define the broad scope of intellectual property rights.

1. The World Intellectual Property Organization Convention signed in 1967 points out that intellectual property rights should include the following rights: 1 rights concerning literary, artistic and scientific works; 2. The performing artist's right to perform, record and play; 3. The invention right of mankind in all fields; 4. The right to scientific discovery; 5. The right to design industrial products; 6. The rights of commodity trademarks, service trademarks, trade names and other business marks; 7. The right to stop unfair competition; All other rights arising from intellectual creativity in the fields of industry, science, literature and art.

2. The scope stipulated in the Agreement on Trade-related Intellectual Property Rights of the World Trade Organization (WTO) established in 1 year 1 month includes:1copyright and neighboring rights, 2 trademark rights, 3 geographical indications, 4 industrial designs, 5 patents, 6 layout-design rights of integrated circuits, 7 exclusive rights of undisclosed information, mainly

At present, the scope of intellectual property rights is basically defined by these two agreements internationally.

Intellectual property in a narrow sense refers to intellectual property in the traditional sense, that is, patent right, trademark right and copyright. Zhuoyueren community

O4。 What functions do you think intellectual property law has (at least four)?

A: (1) Provide legal protection for the rights and interests of people who have completed intellectual achievements, and mobilize people's enthusiasm and creativity in scientific and technological research and literary and artistic works. (2) Providing a legal mechanism for the popularization, application and dissemination of intellectual achievements, transforming intellectual achievements into productive forces, and applying them to production and construction, resulting in huge economic and social benefits. (3) Providing legal norms for international economic, technological, trade, cultural and artistic exchanges, and promoting the progress of human civilization and economic development. (4) As an important part of modern civil and commercial law, the legal system of intellectual property rights is of great significance to perfecting our legal system and building a country ruled by law.

Three. Cases (40 points)

A company has newly produced an environmentally-friendly pure natural mineral water. After the trial sale, the customer responded well and the sales performance continued to climb. In order to prevent others from counterfeiting, establish a market image and gain credibility, the company decided to apply for trademark registration. The company remembers that a registered trademark is "Shenyi", but it is afraid that others will use the law to infringe its trademark rights and interests. Not sure how to register. As a trademark agent, what advice do you have to provide registration consulting services?

Requirements: Write a consultation (including how to register, what are the procedures, how to prevent the rights and interests from being infringed, and what procedures can be taken. )

According to China's Trademark Law and relevant laws and regulations, as a trademark agent, I would like to put forward the following opinions on your application for the registered trademark of "Shenyi" brand mineral water:

1. How to apply for a registered trademark and the application procedures?

According to China's trademark law, domestic applicants can apply for trademark registration in two ways. One is that the applicant entrusts a trademark agency to apply for a registered trademark on his behalf, and the other is that the applicant directly handles it. Your company can choose one of them to handle. If you choose to entrust, your company should first pay attention to choosing a trademark agency with trademark agency qualification to negotiate agency matters, sign an agency contract, issue a power of attorney, and pay the agency fee and a copy of your company's business license and other valid documents to the agency. If you choose to apply directly, you should apply for a registered trademark directly to the Trademark Office with a letter of introduction, business license of an enterprise as a legal person and relevant application documents. No matter which channel is adopted, a unified application for trademark registration must be filled in, submitted to the Trademark Office, and the trademark pattern and a copy of the applicant's ID card must be submitted. After receiving an application for trademark registration, the Trademark Office shall examine the application in form and substance according to law. After examination, those who meet the requirements will be examined for the first time and announced. If there is no objection within three months from the date of announcement, registration shall be granted. Do not meet the requirements should be rejected. If the applicant is not satisfied, he may apply to the Trademark Reexamination Board for reexamination within 15 days from the date of receiving the notice of rejection. If you are dissatisfied with the review result, you can bring a lawsuit to the people's court within 30 days from the date of receiving the notice of the review result.

2. Measures to prevent your company's legitimate rights and interests from being damaged.

The essence of this problem is that once your company obtains the registered trademark of "Shenyi" brand mineral water, what measures should be taken to protect it. Regarding trademark protection, China's legal provisions mainly include administrative protection and judicial protection. Administrative protection refers to the trademark management authorities investigating trademark infringement according to law through administrative procedures and protecting the exclusive right to use trademarks. Once your company finds that its registered trademark rights and interests have been damaged, if counterfeit products appear in the market, it should promptly report to the trademark management authority, actively collect relevant evidence, and cooperate with the trademark management authority to crack down on anyone's infringement of the legitimate rights and interests of your company's registered trademark. Judicial protection means that judicial organs try trademark infringement cases according to law through judicial procedures, punish trademark infringers and crack down on the crime of counterfeiting registered trademarks in order to protect the exclusive right to use trademarks. If necessary, your company may directly file a lawsuit with the people's court for judicial protection. In addition, your company should also strengthen the self-protection of registered trademarks, including enhancing the awareness of trademark protection through learning, deploying trademark management personnel, taking various preventive measures, and requesting administrative protection and judicial protection in time after infringement.

Trademark office

Trademark Agent: ╳╳╳╳

date month year

"Intellectual Property Law" formative assessment book exercise 2 reference answer

Wang had several utility model application documents named "Warm Shoes" in Qiqihar City, Heilongjiang Province 1 April 19901day. The postmark date is 1 April, 9901day, and the date of receiving the application documents in China Patent Office is1April, 6, 990. In Beijing,1April 2, 990, Li directly submitted the same patent application documents for invention and creation as Wang, also known as "warm shoes".

Q: How to deal with it? Why?

A: The test point of this question is to judge who is the first applicant of this patent, Wang and Li, and who has the right to apply for this patent.

China's patent law stipulates that if two or more inventions and creations with the same theme are filed with the patent administration department respectively, the principle of first application shall be implemented. In other words, whoever is the first applicant is the applicant. The determination method is to take the filing date as the standard to judge the time sequence of application, and the date when the patent administrative department of the State Council receives the patent application documents as the filing date. However, if the application documents are mailed, the postmark date is the filing date. In this question, Wang applied by mail, and the postmark date is 1 April 1990 1 day, so the application date should be determined as1April 19901day according to law. Li directly submitted the application, the submission time was1April 2, 990, and the application date was1April 2, 990. It can be seen that Wang is the first applicant of this patent, so the State Patent Office should recognize that the right to apply for this patent belongs to Wang.

"Intellectual Property Law" formative assessment book assignment 3 reference answer

Key points of case answer:

Regarding the dispute between the State Council of the Palace Museum and a publishing house, the assessment is the ability to analyze and solve problems. It is required to write an agency opinion as the plaintiff's agent and a defense opinion as the defendant's lawyer. There is no standard answer to this question. As long as it is reasonable, it can be justified and can be used.

Key points for reference: I am entrusted by a lawyer to represent the plaintiff, the Palace Museum. Now, according to the provisions of the General Principles of Civil Law, Copyright Law and other laws and regulations, based on facts and taking the law as the criterion, the following agency opinions are issued:

1.900 sets of precious cultural relics were photographed and measured by the Palace Museum, and the written works were published by "two publishing houses", enjoying the copyright of the works. Reason: (1) 790 pictures of the plaintiff illegally used by the defendant were all taken and written by the plaintiff's Palace Museum, and the plaintiff enjoyed the copyright of each picture. (2) The plaintiff edited more than 900 illustrated pictures and owned the copyright of these 900 illustrated publications.

2. The publishing house infringes the copyright of the Palace Museum, which constitutes infringement. It should apologize and compensate for the loss. Reason: (1) The publishing house's use of its pictures without the permission of the plaintiff is not only an infringement of plagiarism, but also an infringement of copying and distributing the plaintiff's works for profit without the permission of the copyright owner. Combined with the content of 283 pages in the textbook. The defendant's behavior violated the plaintiff's right to use, which does not belong to the situation of fair use in copyright law. Combined with the teaching material 3 14-3 16 (2), the defendant assembled 790 pictures without the plaintiff's consent, which violated the plaintiff's right to copy and assemble in the deductive right. Combined with the content of 288 pages in the textbook. (3) The defendant violated the plaintiff's right to integrity of works, and the plaintiff used 790 pictures to compile a book "Song and Qing Porcelain Catalogue" without authorization, which belongs to tampering with the plaintiff's published works containing 900 pictures. Combined with the content on page 28 1 of the textbook (4), the defendant violated the plaintiff's right to get remuneration. The plaintiff rented the pictures and materials to the society, with the copyright fee of 400 yuan and the processing and production fee of 400 yuan. The defendant used the pictures without authorization, causing economic losses to the plaintiff.

3. According to the Copyright Law and other laws and regulations, the defendant should immediately apologize publicly and compensate for the losses and other civil liabilities. The plaintiff's works are precious cultural relics, and the defendant should pay compensation by multiplying each piece of 800 yuan by 2, and the compensation amount should be * * * yuan.

Defense points: I accept a law firm as the defender of the defendant's publishing house, and my reply to the case of the Palace Museum v. Publishing House for copyright infringement is as follows:

1. Publishing House has not infringed the copyright of the Forbidden City and is not liable for compensation. The plaintiff's reasons are flawed. Please refute the plaintiff's agency opinion from four aspects, explain personal reasons, and discuss according to your own understanding in combination with the relevant contents of the textbook.

2. The book has an author, and the publishing house only published other people's works. Publishing houses do not have the copyright of infringing books. The author illegally used 790 pictures of the plaintiff. It is the author, a professor in Tianjin, who infringes the plaintiff's copyright and should bear the corresponding civil liability, not the publishing house. The plaintiff should sue the author for infringement.

3. The Palace Museum enjoys the copyright of this work, but the plaintiff's proposal of multiplying each 800 yuan by 2 has no legal basis, and the amount of compensation obviously violates the laws of our country. As the defendant's defender, this kind of compensation should not be established. As far as compensation is concerned, this price should not be calculated like this. The relevant laws and regulations do not stipulate the doubling algorithm. For the scope of compensation for losses, the copyright law stipulates that it is limited to the actual loss of the victim.

"Intellectual Property Law" Formative Assessment Book Exercise 4 Reference Answer

First, the noun explanation:

1. Intellectual property rights: refers to the sum of all civil rights enjoyed by the owners and users of governance achievements according to law, including copyright, trademark right, patent right, valve coil, invention right and other rights of scientific and technological achievements. Intellectual property is a concept that is constantly expanding and deepening with the development of science and technology, literature and art.

2. Trademark right: According to the relevant provisions of China's Trademark Law, the trademark right can also be called the exclusive right to use a trademark, which refers to the right enjoyed by a trademark registrant to its registered trademark.

3. Patent right: the exclusive right of an invention to disclose the technical content of its invention and creation by applying for a patent, which is obtained through the examination procedure, is the exclusive right enjoyed by the inventor for his invention within a certain period of time.

4. Copyright: also known as copyright, refers to the rights that the author enjoys in accordance with the law for the literary, artistic and scientific works he creates.

5. Infringement of trade secrets: refers to the behavior that the actor violates the contract, obtains, discloses and uses the trade secrets of the obligee by improper means, or allows others to use the trade secrets of others without authorization.

Second, fill in the blanks: 1, China National Intellectual Property Administration 2, voluntary registration and compulsory registration 3, international registration of trademarks one by one, national registration 4, passive identification case 5, novelty, creativity and practicality 6, color of shapes and patterns 7, responsibility as an author 8, consent to remuneration 9, direct

Third, choose 1, AB 2, B 3, BCD 4, ABD 5, ABC 6, AD 7, D 8, ABCD.

Fourth, short answer

1. Conditions for applying for trademark registration

(1) A trademark applied for registration must have constitutive requirements; (2) The trademark applied for registration shall be significant; (3) A trademark applying for registration shall not use any sign prohibited by law. (4) The trademark applied for registration shall not be the same as or similar to the trademark registered or preliminarily approved by others on the same or similar goods or services. (5) The trademark applied for registration shall not be the same as or similar to the registered trademark that has been revoked or cancelled for less than one year.

2. Substantive conditions for granting invention patents and utility model patents

Article 22 of China's Patent Law also stipulates: "Inventions and utility models granted patent rights shall be novel, creative and practical". (1) Novelty means that before the filing date, no identical invention or utility model has been published in publications at home and abroad, used publicly in China or known to the public in other ways, and no identical invention or utility model has been filed with the Patent Office by others and recorded in the patent application documents published after the filing date. (2) Paragraph 3 of Article 22 of China's Patent Law stipulates: "Creativity means that compared with the existing technology, the invention has outstanding substantive characteristics and remarkable progress, and the utility model has substantive characteristics and progress." (3) Practicality includes practicality, reproducibility and usefulness.

3. What personal rights does the copyright owner enjoy?

A: According to Article 10 of the Copyright Law, the personal rights of works mainly include the right of publication, the right of authorship, the right of modification and the right of protecting the integrity of works.

Right of publication: the author has the right to decide whether to make his work public.

The right of authorship: it is the right of the author to mark his name on his own works and copies.

Modification right: refers to the right to modify or authorize others to modify a work.

The right to protect the integrity of the work: this is the right to protect the work from distortion and tampering.

5. There is no standard answer to the discussion. Answer with your own learning experience. The following is for reference only.

1, reason: consideration: (1) economic factors: for example, copying other people's new technologies can reduce the development cost, and it is not necessary to pay other people's new technology license fees, thus reducing the product cost and gaining huge benefits. If we can improve the technical content of products, upgrade old products, quickly occupy domestic and foreign markets, and win huge business opportunities and economic benefits. (2) Mental factors: By copying other people's new technology, you can apply for a patent first, become the patentee, and get spiritual satisfaction. (As long as everyone analyzes the reasons from "seeking fame and profit")

2. Importance: (1) Protect inventions, promote technological innovation, and mobilize people's enthusiasm and creativity in patent development and research. (two) to promote the popularization and application of new technologies, promote the transformation of intellectual achievements into productive forces, and produce great economic and social benefits; (3) Promote the publicity and dissemination of new technologies and promote the progress of human civilization. (four) to provide guarantees for foreign investment and promote international exchanges; (five) to protect the rights and interests of people who have completed intellectual achievements.

3. Protective measures: (1) Self-protection (2) Judicial protection: administrative relief and judicial relief (only expanded).