First, fill in the blanks:
1. Intellectual property, also known as _ _ _ _ _ _ _ _, refers to the _ _ _ _ _ _ _ that citizens, legal persons or other organizations are legally entitled to their intellectual achievements in _ _ _ _ _ _ _ _ _ _ _.
2. Intellectual property rights include _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and other intellectual property rights.
3. Intellectual property is a kind of _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. Intellectual property is dual, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
5. The duality of intellectual property refers to the dual power of _ _ _ _ _ _ _ _ _ _ _ _.
6. The principle of China's intellectual property law is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
7. Patent refers to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
8. The types of patents include _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
9. Patent right has five characteristics: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
10. To obtain a patent, you must have _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. You can apply for a patent.
1 1. The principle of patent examination and approval in China is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
12. After an inventor has made a technological achievement, he must first apply for a patent, and then publish a paper, so as to avoid losing the opportunity of _ _ _ _ _ _ _ due to premature disclosure of technology.
13. You can apply for a patent in two ways, that is, directly to _ _ _ _ _ _ _.
14. The patent is only protected by law within the protection period, and the protection period of the patent is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
15, the new _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
16. Only when the product is _ _ _ _ _ _ _ _ _ _ _ or _ _ _ _ _ _ _ _ _ _ _ _
17. You can apply for a new one.
18. No patent right shall be granted for inventions that violate _ _ _ _ _ _ _ _.
19._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
20. Articles _ _ _ and _ _ _ shall not suppress the inventor or designer's application for a patent for non-service invention-creation.
2 1. The transfer of _ _ _ or _ _ _ _ patents by units owned by the whole people must be approved by _ _ _.
22, China units or individuals to apply for a patent for invention abroad, must go through _ _ _ _ _ _ _.
23, the transfer of patent application right or patent right, the parties _ _ _ _ to conclude a written contract, after _ _ _ _ _ _ _.
24, scientific research projects and patent applications, should be _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
25. The method of searching this patent can be _ _ _ _ _ _ _ _ _ _ _ _ _ by China National Intellectual Property Administration, or _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
26, any unit or individual that the grant of a patent does not conform to the relevant provisions of _ _ _ _ _ _ _ _.
27. The validity of a patent is maintained by paying _ _ _ _ _ _ _ _ every year. If the payment is not made on time, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
28, the right to apply for a patent for a service invention belongs to the unit, and the unit as the patentee enjoys the rights of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and _ _ _ _ _ _ _. Inventors (or designers) do not have these rights.
29. The inventor of a patent for service invention enjoys the right of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
30. Any patent infringement dispute can be handled by the local intellectual property office or submitted to _ _ _ _ _ _ _ _ _.
3 1. Trademark is a kind of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ used by commodity producers and operators to distinguish their products from others.
32. Commodity names can be divided into _ _ _ _ _ _ _ and _ _ _ _ _ _ _.
33. To obtain the exclusive right to use a trademark, you need to register with _ _ _ _ _ _ _ _ _ _ _ _.
34. The registered trademark approved by the Trademark Office is _ _ _ _ _ _ _ _ _, including _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
35. At present, there are _ _ _ _ _ _ _ _ _ _ and _ _ _ _ _ _ _ _ _ _ _ _.
36. Copyright is copyright, including _ _ _ _ _ _ and _ _ _ _ _ _.
37. Copyright includes the copyright of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
38. Trademarks have the characteristics of _ _ _ _ _ _ _ _ and _ _ _ _ _.
39. The unit that prints trademarks must have the qualification of _ _ _ _ _ _ _ _ to undertake the business of printing commodities, otherwise it is illegal and will be punished by _ _ _ _ _ _ _ _ _ _ _ _.
40, China citizens, legal persons or other organizations, published in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4 1. Job works are works created to fulfill _ _ _ _ stipulated by the company, and the copyright belongs to _ _ _ _ _ _. The unit has the right to use it within the normal business scope.
42. A legal person's work is a work created in _ _ _ _ _ _ _ on behalf of a legal person or other organization and undertaken by the legal person or other organization. The copyright law stipulates that it shall be enjoyed by the legal person _ _ _ _ _ _ _.
43. The publication right and property right of a work are only protected for _ _ _ _ _ years. Citizens' works are not protected after 65438+February 3 1 in the 50th year; The works of legal persons are not protected after 65438+February 3 1 in the 50th year after _ _ _ _ _ _.
44. The right to use a work is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
45. Acts of copyright infringement include: _ _ _ _ _ without permission; Without permission, regard the work in cooperation with others as your own work _ _ _ _ _ _ _ _ _ _ _ _ _ _; Did not participate in the creation, in other people's works _ _ _ _ _ _ _ _; _ _ _ _ _ _ _ and _ _ _ other people's works; _ _ _ _ _ _ _ Other people's works, etc. 19 behaviors.
46. The abbreviation of the World Trade Organization is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
47. The Agreement on Trade-related Aspects of Intellectual Property Rights covers the contents of _ _ _ _ _ _ _ _.
48. The basic principle of TRIPS Agreement is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
49. The infringer who infringes intellectual property rights shall bear _ _ _ _ _ _ _ _ _ _ _, stop the infringement, publicly apologize and compensate for the losses. Those who are serious in nature should bear criminal responsibility.
Second, multiple-choice questions:
1, China's trademark law stipulates that a trademark can be ().
The combination of letters, letters or numbers, C color, D text and graphics.
2, the patent right is ()
A exclusiveness b exclusiveness c regionality d timeliness
3, the patent infringer shall bear the legal responsibility including ()
A stops the infringement, B publicly apologizes, C compensates for the losses, and D pursues criminal responsibility.
4, patent disputes including ()
A patent infringement dispute b patent application right dispute c patent ownership dispute d duty inventor reward dispute, etc.
5, in addition to patent infringement disputes, how to deal with other disputes ()?
A requires the local intellectual property office to transfer B to the court, C to the municipal government and D to the arbitration commission.
6, which of the following words or graphics can't be used as a trademark ()
Identical with or similar to the name, national flag or national emblem of China;
(2) It is identical with or similar to a foreign name, national flag, national emblem or military flag, unless the government agrees;
(3) identical with or similar to the name of the symbol of the Red Cross and Red Crescent;
D has ethnic discrimination.
7, the scope of application of copyright in our country, adopted the internationally accepted ().
A nationality principle b geography principle c equality principle d reciprocity principle
8, the etiquette principle of intellectual property law ()
A principle of exclusivity, B principle of paid use, C principle of coordinating the interests of all parties, D principle of following international practice.
9, China intellectual property legal system by ()
A basic law of intellectual property rights b related laws c administrative regulations d administrative regulations
10, after the patent right for invention and utility model is granted, unless otherwise provided by law, no unit or individual may () without the permission of the patentee.
A manufactures, uses and sells its patented products for production and commercial purposes.
B. manufacturing, using and selling its national defense patented products.
Manufacturing, using and selling its patented products for teaching and scientific research purposes.
D. Or use the patented process and use and sell the products directly obtained according to the patented process.
1 1. When the copyright is licensed to others, a situational contract must be concluded, mainly including ().
A. the right to use the license, whether exclusive or not;
B. Geographical scope and period
Payment standards and methods
responsibility for breach of contract
12, the following are within the scope of copyright protection ()
A artistic creation b design drawings c computer software d dictation
13, which of the following authors are protected by copyright in China ()
Citizens, legal persons and organizations of China.
B Foreigners whose works were first published in China.
Foreigners performing live performances in China.
Foreigners who produce and copy audio-visual products in China
14, which of the following is against the provisions of TRIPS ()
Exclusive feedback condition
It is forbidden to question the validity of relevant intellectual property rights.
Compulsory blanket license
The buyer still needs to pay for the expiration of the patent.
15, the main international conventions and agreements for the protection of intellectual property rights can be roughly divided into two categories ()
A. International conventions and agreements on industrial property, such as the Paris Convention for the Protection of Industrial Property.
B international conventions and agreements on copyright, such as the Berne Convention for the Protection of Literary and Artistic Works.
C. international conventions and agreements on human rights
D. Other international conventions and agreements
Third, true or false:
1. Intellectual property refers to the right to possess, use, dispose of and benefit from the fruits of intellectual labor, and belongs to tangible property rights. ( )
2. Patent right is a kind of property right. ( )
Patented inventions are protected by law all over the world. ( )
No one can use the public technology protected by patent. ( )
In China, patents only include invention patents, utility model patents and design patents. ( )
6. Scientific discovery, diagnosis and treatment of diseases, laws and methods of intellectual activities, etc. Has not been granted a patent right. ( )
7. Trademarks are the intellectual achievements of enterprises and do not belong to intellectual property rights. ( )
8. Copyright is copyright. ( )
9. Copyright belongs to citizens, and shall be inherited according to law after their death. ( )
10, the criminal responsibility of the infringer should not be investigated. ( )
1 1, new varieties of animals and plants can be granted patents. ( )
12. When the name of an enterprise changes, the exclusive right to use the original trademark belongs to the enterprise with the original name and cannot be naturally transferred to the newly renamed enterprise. ( )
13, it is illegal to buy and sell goods with counterfeit trademarks. ( )
14, the work cannot be published in Braille. ( )
15, Chinese works can be translated into minority languages for domestic use. ( )
Answers to the basic knowledge test paper of intellectual property rights
First, fill in the blanks:
1, exclusive right of intellectual property, science, technology, culture and art
2. Patents, trademarks and copyrights. Intangible assets right
4. Exclusive geographical time 5. Property rights and personal rights
6. Encourage the protection of equal pay and prohibit abuse of power.
7. Patent documents of inventions and creations whose patent rights are protected by the Patent Law.
8. Invention patents, utility model patents and design patents
9. Exclusive geographical timeliness 10, novelty, creativity and practicality
1 1, principle of first application, mailing date, receiving date, 12, patent application.
13, China National Intellectual Property Administration patent agent 14, 2010/0.
15, product manufacturing method and use method 16, combination of structure and shape.
17, pattern design 18, national laws, public interests and social morality
19, task material condition unit 20, unit individual
2 1, higher authorities applying for patent right 22, relevant departments of the State Council.
23, must be registered and announced by the patent office 24, patent search patent right
25. Patent Archives Online 26. The announcement of the patent law is invalid.
27. The patent fee paid on time every year shall be freely used by the patentee.
28. Possession and use of disciplinary signatures
29. Necessary remuneration for the right of signature. local people's court
3 1, commodity service commodity service mark 32, commodity general name commodity special name
33. Trademark Office of the State Administration for Industry and Commerce. Registered trademark goods trademark service trademark
35. Medicines and tobacco products for human use. Personal rights and property rights
37. The rights of publication, signature and modification protect the integrity of works.
38. Symbolic commercial exclusivity. Trademark printing of administrative department for industry and commerce
40. Whether it is 4 1 or not, the task author himself
42. Under the auspices, both will and responsibility are complete. It was 43 or 50 years before it was first published.
44, 12 cases are the author's comments.
45, published a separate signature distortion tampering plagiarism
46. WTO protects intellectual property rights
47. Patents, trademarks, designs, copyrights and new plant varieties
Transparency of most-favoured-nation treatment. civil liability
Second, multiple-choice questions:
1、ABCD 2、ACD 3、ABC 4、ABCD 5、AB 6、ABCD 7、ABD 8、ABCD
9、ABCD 10、AD 1 1、ABCD 12、ABCD 13、ABCD 14、ABCD 15、AB
Third, true or false:
1, no 2, yes 3, no 4, yes 5, yes 6, yes 7, no 8, yes 9, yes 10, no1,no 12, yes1.