a: awarded to b. Because our country is the system of applying first, the patent right is granted to the person who applied first, not to the person who invented first.
2. Party A and Party B are located in different regions 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 or decreasing?
a: the annual fee is increased every few years, and the inventions are 9, 12, 2, 4 and 8 respectively. The new model and appearance are 6,9,12 and 2 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 Party A and Party B each 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. In case A, the patent right is exhausted. When A buys the patented product of B, B no longer enjoys the patent right of the product it sells. B's case belongs to manufacturing and selling patented products. Although he developed it himself, it falls within the scope of patent protection, so it belongs to infringement. Strictly speaking, however, in real life, the situation of wanting B may also be the right of first use.
5 which one can be applied to the protection of copyright law? A translated by a scholar <; Copyright Law of the People's Republic of China (English version) > B TV program preview form
A: A enjoys copyright. Article 5 of the Copyright Law of the People's Republic of China stipulates: "This Law does not apply to: ① laws and regulations, resolutions, decisions and orders of state organs and other documents of a legislative, administrative and judicial nature, and their official translations. A is not an official translation, so enjoy it. B is the program preview table, and the TV program preview is for the convenience of TV viewers and readers. It is 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.
6 what are the rights of performers to their performances? A performance right, b performer right and c portrait right
A: B performer right. A The right of performance refers to the right of the copyright owner to perform his works in public according to law. China's Copyright Law defines the right of performance as "the right to publicly perform a work and publicly broadcast the performance of the work by various means." It is equal to the copyright owner's rights of reproduction, distribution, adaptation and translation. The performer's right is the right that the performer produces based on the performance of the work, and it is the right that the performer produces only after being authorized by the author, and it is a right derived from the author's performance right. Therefore, the relevant international conventions and most countries collectively refer to the rights of the performer and publishers, audio-visual producers and other works disseminators as "neighboring rights", 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 which level of court is generally under the jurisdiction of 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.
8 what court is under the jurisdiction of a civil lawsuit for infringement of the exclusive right to use a registered trademark? A place of trademark registration b place of plaintiff c place of infringement
A: place of infringement. It can also be the defendant's domicile (this option is not available).
9 which of the following is a collective trademark? A "Hisense" TV B "green food" marked C "Korla" fragrant pear
A: C Korla fragrant pear.
1 how many times less than the amount of illegal business is the fine for infringement of the exclusive right to use a registered trademark?
a: article 52 of the regulations on the implementation of the trademark law of the people's Republic of China stipulates that the amount of fines for infringement of the exclusive right to use a registered trademark shall be less than three times the amount of illegal business operations, and the amount of fines that cannot be calculated for illegal business operations shall be less than 1, yuan.