April 2004 self-study national examination "Intellectual Property Law" test questions and answers

1. Multiple choice questions (this major question has 30 small questions, each question is 1 point , ***30 points)

Only one of the four alternatives listed in each question meets the question requirements. Please fill in its code in the brackets after the question. There will be no points for incorrect selections, multiple selections or no selections.

1. The first amendment to my country’s Copyright Law was promulgated and implemented (D)

A. June 1, 1991 B. December 11, 2000 Date

C. July 1, 2001 D. October 27, 2001

2. Radio stations and television stations broadcast published sound recordings, unless otherwise agreed by the parties (A)

A. No permission is required from the copyright owner, but remuneration is required

B. No permission is required from the copyright owner, and no remuneration is required

C. Must obtain permission from the copyright holder, and remuneration must be paid

D. Must obtain permission from the copyright holder, but remuneration is not required

3. Liu purchased it from the painter Sun Mou A painting, while Liu has property rights to the painting, he also enjoys (D) the painting

A. Adaptation right B. Rental right C. Reproduction right D. Exhibition right

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4. A published an essay in the "Beijing Evening News" without any copyright statement, and B recommended it to the "Reader" digest magazine, and the "Reader" digest magazine published the essay (B)

A. The consent of A must be obtained, and the royalties should be paid to A

B. The consent of A is not required, but the royalties should be paid to A

C. The royalties must be paid to A

C. The editor of Beijing Evening News agrees and pays royalties to Beijing Evening News

D. Must obtain the consent of the editor of Beijing Evening News, but does not need to pay royalties to Beijing Evening News

5. Conflicting applications (conflicting applications) in the determination of novelty of invention patents refer to (B)

A. Before the application date, others have filed an application with any national patent office and recorded patents published after the application date. In the application documents

B. Before the application date, others have filed an application with the China Patent Office and it is recorded in the patent application documents published after the application date

C. Before the announcement date , someone else has filed an application with the China Patent Office and it has been recorded in the patent application documents published after the filing date

D. Before the announcement date, someone else has filed an application with any national patent office and it has been recorded in the patent application documents published after the filing date. In the published patent application documents

6. Zhao applied for a design patent on April 1, 2002, and was authorized on February 8, 2003. The protection period of this patent right expired ( A)

A. April 1, 2012 B. February 8, 2013

C. April 1, 2022 D. February 8, 2023

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7. The implementation of invention Patent Technological progress

8. The scope of protection of invention patent rights (D)

A. The scope recorded in the specification shall prevail

B. The scope recorded in the patent certificate The scope shall prevail

C. The scope recorded in the claims and description shall prevail

D. The content of the claims shall prevail. The description and drawings may be used to interpret the claims.

9. The principle of obtaining trademark rights in my country is (C)

A. Principle of announcement B. Principle of use C. Principle of registration D. Principle of registration

10 .China’s Trademark Law stipulates that the elements that constitute a trademark are (C)

A. Text, graphics, letters, numbers, smell, three-dimensional logo

B. Text, graphics, letters, numbers , music, three-dimensional logo

C. Text, graphics, letters, numbers, color combination, three-dimensional logo

D. Text, graphics, letters, numbers, sound combination, three-dimensional logo

11. The trademark owner’s standardized use of the trademark should be (A)

A. Limited to the approved registered trademark and the approved goods for use

B .Limited to the approved registered trademark graphics and the approved product categories

C. Identical and similar to the approved registered trademarks

The trademark is limited to the same and similar products that are approved for use

D. The trademark is limited to the approved registered trademark, the products that are approved for use, and all product names in the business scope

12. According to the provisions of my country's copyright law, which of the following behaviors is considered fair use? (D)

A. The library copies the works collected by the library to meet the needs of enterprises

B. Performs other people’s published works

C. Radio Play other people’s published works

D. Use other people’s published works for personal study, research or appreciation

13. The validity period of a registered trademark is (B)

A. 10 years, terminated upon expiration

B. 10 years, renewable at any time, 10 years each time

C. 20 years, terminated upon expiration

D. 20 years, renewable upon expiration, no limit to the number of renewals, 20 years each time

14. When calculating trademark infringement When the amount of compensation is difficult to determine the loss suffered by the infringed party due to the infringement, the maximum amount of statutory compensation that can be awarded by the people's court based on the circumstances of the infringement is (D)

A. One hundred thousand yuan B. 200,000 yuan C. 300,000 yuan D. 500,000 yuan

15. A owns a patent for an automobile engine, and Company B has completed the manufacturing process before the patent application date, including Company B enjoys the necessary production preparations for products with this patented technology (C)

A. Right of priority B. Right to license others to use C. Right of prior use D. Right of transfer

16. In patent infringement disputes, under which of the following circumstances does the burden of proof shift? (D)

A. Involving product invention patents B. Involving method invention patents

C. Involving new process invention patents D. Involving new product manufacturing method invention patents

17. According to the provisions of the Trademark Law, if a trademark contains a geographical indication of a product but the product does not originate from the area indicated by the mark, it is likely to mislead the public (A?)

A .Registration is not allowed and use is prohibited, but registration that has been obtained in good faith will continue to be valid

B. Registration is not allowed and use is prohibited, and registration must be revoked

C. Registration is not allowed But it can be used by anyone in the area

D. It is not registered but can be used as an unregistered trademark

18. The starting date of the protection period for a legal person’s work is (A)

A. Work completion date B. Work publication date C. Work registration date D. Work publication date

19. Jiang and Wang created and completed the novel together in 1960*** "Wind in the West Mountain", Jiang died of illness on June 2, 1998, and Wang passed away on November 7, 2002. In my country, the expiration period of copyright protection for "Wind in the West Mountain" is (D)

A. June 2, 2048 B. December 31, 2048

C. November 7, 2052 D. December 31, 2052

20. Chinese manufacturers The composition of the name is (A)

A. Administrative division name, trade name, industry, and organizational form

B. Country name, trade size, industry, and organizational form

C. Name of the competent authority, trade name, industry, and organizational form

D. Administrative division name, industry, and organizational form

21. Which of the following does not apply to our country? Copyright law protection? (C)

A. Calligraphy copybook B. Palace recipe book C. Periodic table of chemical elements D. Local chronicle

22. According to my country’s patent law, the following options can be protected by patents ( B)

A. Scientific discovery B. Drug C. Treatment method of disease D. Animal breed

23. Under which of the following circumstances can an invention patent or utility model patent be granted? Compulsory license? (A)

A. National emergency B. To support poor areas

C. For teaching and scientific research purposes D. To implement national standards

24. Among the following options, the factors that should be considered when identifying well-known trademarks in my country are (C)

A. It must be a registered trademark in China

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B. It must be a registered trademark in a certain country

C. The relevant public’s awareness of the trademark must be considered

D. It must be advertised in China’s public media More than three years

25. A company arbitrarily stamps a non-existent patent number on its own products, which belongs to (B)

A. Counterfeiting of patents B. Counterfeiting of patents

C. Patent theft D. Patent abuse

26. The textbook "Intellectual Property Law" written by Professor Liu was published and distributed by a publishing house, and the publishing house has the right to ( B)

A. Adaptation right B. Format design right C. Copyright D. Neighboring right

27. Which of the following rights belongs to the moral rights of the copyright? (A)

A. Right of modification B. Right of reproduction C. Right of distribution D. Right of rental

28. In which international convention did the priority principle in industrial property rights first appear? Established in? (D)

A.World Intellectual Property Organization Convention B.TRIPS Agreement

C.PCT Treaty D.Paris Convention

29. For service inventions, other The right to apply for a patent belongs to (C)

A. The inventor B. The research group where the inventor works

C. The legal entity where the inventor works D. The supervisor of the inventor’s unit Agency

30. The earliest international convention to provide special protection for well-known trademarks was (A)

A. Paris Convention B. Madrid Agreement

C. Nice Agreement D. TRIPS Agreement

2. Multiple-choice questions (this major question has 5 small questions, each question is worth 2 points, ***10 points)

In Two to five of the five alternatives listed in each question meet the requirements of the question. Please fill in their codes in the brackets after the question. There will be no points for wrong selection, multiple selections, few selections or no selections.

31. The intellectual property rights listed in Chapter 5, Section 3 of my country's "General Principles of Civil Law" include (ABCDE)

A. Copyright B. Patent right C. Trademark right

D. Discovery rights E. Invention rights and other scientific and technological achievement rights

32. Which of the following entities can serve as patent applicants? (ADE)

A. A certain university B. A certain university’s computer school C. A certain university’s computer school’s software teaching and research section

D. A certain university’s computer school’s professor E. A certain university’s computer school Student

33. The constituent elements of an invention patent are (A B E)

A. Novelty B. Creativity C. Distinctiveness

D. Originality E. Practicality

34. The exclusive right of integrated circuit layout design includes (CD)

A. Manufacturing right B. Use right C. Reproduction right

D .Commercial utilization rights E. Distribution rights

35. The new plant varieties granted 20-year protection are (BCDE)

A. Herbs B. Vine plants C. Forest trees

D. Fruit trees E. Ornamental trees

3. Short answer questions (this major question has 4 small questions, each question is 5 points, ***20 points)

37. Briefly describe the trade secrets covered by my country’s Anti-Unfair Competition Law.

38. Briefly describe the temporality of intellectual property rights.

39. Briefly describe the rental right stipulated in my country’s Copyright Law.

4. Essay question (***10 points)

40. On the statutory licensing system stipulated in my country’s Copyright Law (required to discuss the concept of statutory licensing and five types of statutory licensing) usage).

5. Case analysis questions (this major question has 2 small questions, each question is 15 points, and the total is 30 points)

41. Company W without permission Produced and sold 5,000 inverter household air conditioners using Company H's patented technology. Knowing that Company W infringed Company H's patent rights, G Home Appliance Sales Company purchased 2,000 units from Company W and actually sold 1,600 units. Hotel M also purchased 200 units from Company W and installed them for use without knowing that Company W had infringed Company H's patent rights.

After Company H discovered the above-mentioned production, sales and use behaviors of Company W, Company G and Hotel M, it filed a lawsuit in court, accusing Company W, Company G and Hotel M of infringing its patent rights.

Please analyze the following questions based on our country’s laws:

(1) Are Company W’s production and sales activities infringing? Should we bear corresponding liability for compensation?

W Company’s behavior constitutes infringement and requires liability for compensation. Because it used Company H's patented technology without permission and sold infringing products.

(2) Is Company G’s sales behavior infringing? Should we bear corresponding liability for compensation? Can we continue to sell the 400 air conditioners in stock?

Company G’s sales behavior constitutes infringement and it needs to bear liability for compensation. It cannot continue to sell the infringing products in stock because it knowingly sold the infringing products;

(3 ) Is the use of M Hotel an infringement? Should we bear corresponding liability for compensation? Can we continue to use these 200 air conditioners?

Company M’s use constitutes infringement and does not require liability for compensation. Because it falls under Article 63 of the Patent Law, "If you use or sell for production and business purposes a patented product that is not known to be manufactured and sold without the permission of the patentee, or a product directly obtained according to a patented method, and the legal source of the product can be proven, shall not be liable for compensation.” However, you cannot continue to use these 200 infringing products.

42. When the songwriters A and B of a certain song were browsing website A, they saw the title of the song they had published in the journal "New Song" through the search engine. They continued to click and entered the "" of website B. The "New Song World" column also played the song sung by singer C on website B. A and B believed that C sang the song without their consent and infringed their copyright. They believed that websites A and B played the song they created without permission. The song infringed on his copyright, so he negotiated with C to issue a copyright infringement warning, negotiated with websites A and B, and requested that the webpage and search function of the song be closed. C believes that it does not need permission to sing the songs that A and B have published, and it is the recording company's obligation to pay remuneration, so it believes that it has not infringed on the copyright of A and B; website A claims that it did not publish and play the song but only through the search engine The catalog of the song was retrieved, and there was no copying or other use. There was no copyright infringement issue. Website B stated that the song was uploaded by netizens in its "Music World" column. Website B After receiving notices from A and B, the song was deleted, but it was later found to be posted by netizens. Since a large number of songs are uploaded to the "Music World" column every day, website B cannot review and delete it at any time, nor can it be used by a netizen. If the entire column is deleted due to a song, website B is powerless to protect the copyright of the song and will not take any further measures. When A and B failed to negotiate with C and websites A and B, they took C and websites A and B to court.

Test analysis:

Analyze A, B, C, D, recording company, website A, website B

A and B are the songwriters of the song respectively ;

C is the performer who sang the song without permission;

D is the one who uploaded the song without permission;

The recording company is the one who recorded the song without permission; ;

Website A is a network service provider that provides online services;

Website B is a network service provider that provides content services. After negotiation with A and B, it deleted the infringing content. However, after the song was uploaded again by netizens, no measures were taken.

(1) Does C constitute an infringement of the copyrights of A and B? Why?

C constitutes an infringement of the copyright of A and B, because it sang other people’s copyrighted songs without permission;

(2) Does website A constitute infringement and why?

Under normal circumstances, the behavior of website A generally does not constitute infringement. However, if the link is still not disconnected in time after negotiation, which expands the infringement results and helps the infringer commit the infringement, it constitutes infringement. , that is, you need to bear joint and several liability for the same infringement. Because although it is difficult to control the specific search results of search engines and the temporary links attached to them, it is fully capable of controlling links to specific websites or web pages. When A and B negotiated, although the definition of their behavior (referring to broadcasting) was not very accurate, they had made it clear that they were the copyright holders of the works involved, that their rights had been infringed, and that they hoped to stop the infringement as soon as possible. Therefore, A should terminate the infringement in a timely manner. Open link.

(3) Does website B constitute infringement? Why?

Website B’s behavior constitutes infringement, because although it deleted the infringing songs after negotiations between Party A and Party B, it no longer took any measures after it was uploaded again by netizens. This behavior should be classified as “knowingly that network users have passed "Infringement of other people's copyrights is carried out online, or the copyright owner has given a warning with solid evidence, but still does not take measures such as removing the infringing content to eliminate the consequences of the infringement", so that the infringement can continue.

(4) What responsibilities should websites A and B bear if they constitute infringement? (No need to answer if the infringement is not sufficient)

For website B, website B will be investigated in accordance with the provisions of Article 130 of the General Principles of the Civil Law (two or more persons shall bear joint and several liability if they jointly infringe and cause damage to others) It has the same infringement liability as the person who directly committed the infringement (D). If website A constitutes infringement as described in (2), its liability method is the same as website B

(5) If website A, website B, or websites A and B find out that the netizen who uploaded his song on website B is Ding , does Ding’s behavior constitute infringement?

Ding’s behavior constitutes infringement because Ding uploaded the performance of the song without permission.