The short answer to the terminology of intellectual property law cannot be found at the moment. I will provide you with review guidance for the "Intellectual Property Law" course. I hope it will be useful to you!
Part One Course Assessment Instructions
1. Assessment purpose
To assess students’ understanding of the basic theories, basic concepts and basic issues of intellectual property law and their case analysis abilities.
2. Assessment methods
The final exam is closed book.
3. Scope of application and teaching materials
The scope of application for the final review guidance of this course is the elective courses for adult education undergraduate law majors.
The textbook "Intellectual Property Law" for exam questions, edited by Huang Qinnan; published by China Central Radio and Television University Press; first edition, July 2003.
4. Basis for the proposition
The basis for the proposition of this course is the syllabus, teaching materials and implementation opinions of the intellectual property law course.
5. Examination Requirements
The examination focus of this course includes two aspects: basic knowledge and application ability. It mainly assesses students’ understanding of the basic theories, basic concepts and basic issues of intellectual property law, and their ability to analyze cases.
6． Types of test questions and their proportions
The types of questions and their weightings are roughly as follows: single-choice questions (10%); multiple-choice questions (10%); noun explanation questions (20%); quiz questions (32%) ; Essay questions (14%). Case analysis questions (10%);
Key areas for the second part of the final review
Do not answer questions within the sealed line
Part 1 Introduction to Intellectual Property Law< /p>
Chapter 1: Overview of Intellectual Property
1. Key Terms
Intellectual Property
2. General Mastery
1. The concept and characteristics of intellectual property, focusing on mastering the legal nature of intellectual property.
Chapter 2 Overview of Intellectual Property Law
1. General understanding of the concepts and adjustment objects of intellectual property law
Part II Trademark Law
< p>1. Key termsTrademarks, well-known trademarks, certification marks
Chapter 1 Overview of Trademarks
1. General knowledge
1. Differences between trademarks and adjacent marks, classification of trademarks.
Chapter 2 Overview of the Trademark Protection System
1. General Understanding
1. The main contents of the revision of my country’s Trademark Law.
Chapter 3 Trademark Rights
1. General understanding
1. The concept of trademark rights;
2. Legal characteristics and content ;
3. Obtaining trademark rights.
3. Key points to master
1. Principles and methods of obtaining trademark rights;
2. Termination of trademark rights.
Chapter 4 Trademark Registration
1. General Master
1. Concepts and procedures of domestic and international trademark registration;
2 .Principles and conditions for trademark registration.
3. Key points to master;
1. Use the requirements, methods and procedures for applying for registered trademarks to register trademarks and change registered trademarks.
2. Apply the review principles of trademark registration, review of applications, reexamination, trademark opposition, approval of registration and procedures.
Chapter 5: Adjudication of registered trademark disputes and cancellation of improperly registered trademarks
1. General understanding
1. The concept of registered trademark disputes;
2. Use trademark dispute adjudication to resolve trademark disputes;
3. The difference between improperly registered trademark cancellation procedures, registered trademark dispute adjudication procedures, and trademark opposition procedures.
Chapter 6 Renewal and Utilization of Registered Trademarks
1. General Understanding
1. The validity period and renewal of registered trademarks;
2. The concept of registered trademark transfer;
3. Master and be able to use the system of registered trademark transfer;
4. The concept and significance of registered trademark use license,
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2. Key points to understand
1. The form of registered trademark license, and the registered trademark license contract can be used.
Chapter 7 Trademark Management
1. General understanding of the concept of trademark management;
1. Management of the use of registered and unregistered trademarks, collective trademarks, Management of use of certification trademarks;
2. Management of trademark printing.
Chapter 8 Protection of Trademark Rights
1. General Understanding
1. The concept, scope and methods of protecting trademark rights;
< p>2. Legal liability for trademark infringement;3. Special protection for well-known trademarks.
2. Key points to master;
1. Use the concept and constituent elements of trademark infringement to analyze and solve practical problems;
2. The characteristics of trademark infringement in my country Manifestations and exceptions.
Part III Patent Law
1. Key terms:
Patent rights transfer contract, patent implementation license contract, video product, service invention, creation, design
Chapter 1 Overview
1. General understanding
1. The concept of patent;
2. The nature of patent rights;
< p>3. Characteristics and functions of the patent system.Chapter 2 Objects of Patent Rights
1. General Master
1. Concept and type of invention;
2. Master The concept and characteristics of utility models;
3. The difference between utility models and inventions;
Master the concept and protection methods of industrial designs.
3. Key points to master
1. Contents that are not patentable.
Chapter 3 Substantive conditions for granting patent rights
1. General understanding
1. The concept of substantive conditions and the conditions for novelty, creativity and practicality.
Chapter 4 Patent applicants and patentees
1. General understanding
1. The concepts and scope of patent applicants and patentees;< /p>
2. Ownership of patent rights;
3. The concepts and legal status of inventors, co-inventors;
4. Service inventions and creations concepts and identification.
Chapter 5 Rights and Obligations of the Patentee
1. Key Points to Master
1. Rights and Obligations of the Patentee;
< p>2. Rights of service inventors.Chapter 6 Patent Application and Approval Procedure
1. General Master
1. Principles of patent application;
2. Application Patent application procedures and documents for patent application;
3. Review and approval procedures for Chinese patent applications.
Chapter 7 Term, Termination and Invalidity of Patent Rights
1. General Understanding
1. Term, Termination and Invalidation Conditions and Procedures of Patent Rights and consequences.
Chapter 8 Protection of Patent Rights
1. Key points to master
1. The scope of protection of patent rights and the rules for interpretation of claims;
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2. The concept and manifestation of patent infringement;
3. Use basic theories to judge patent infringement and legal liability for patent infringement.
Part 4 Copyright Law
1. Key terms
Exhibition rights, neighboring rights, fair use of compilation works, statutory permitted use of copyrights
< p>Distribution rightsChapter 1 Overview
1. General understanding
1. The concept of copyright;
2. Legal characteristics ;
3. Basic principles of copyright law.
Chapter 2 The Object of Copyright
1. Key points to master
1. The meaning and composition of the work;
2. The work classification and objects not protected by copyright.
Chapter 3 Copyright owners and their rights
1. General understanding
1. The concept and types of copyright.
2. Key points to master
1. Use the rights of the copyright holder;
2. The protection period of the copyright.
Chapter 4: Ownership and Exercise of Copyright
1. Generally understand the general principles of copyright ownership and the copyright ownership of different works.
2. Key points to master
1. Inheritance and transfer of copyright.
Chapter 5 Rights related to copyright
1. General control
1. The concept and legal characteristics of neighboring rights,
2. Key points to master
1. The concept of performers’ rights and the content of rights and obligations;
2. The concept of audio and video producers’ rights and the content of rights and obligations;
< p>3. The rights of radio and television organizations and the rights and obligations of publishers.Chapter 6 Utilization and Restrictions of Copyright
1. General understanding of the concept and main terms of copyright licensing;
2. The concept of fair use of works and conditions;
3. Situations under which the work is legally permitted to be used.
Chapter 7 Administrative management and collective management of copyright
1. General understanding
1. The nature, role and tasks of copyright collective management institutions.
Chapter 8 Copyright Protection and Enforcement Measures
1. General Understanding
1. Use the theory and constituent elements of copyright infringement to analyze and solve copyright problems Infringement issues;
2. Civil liability for copyright infringement;
3. Conditions and methods of punishment for copyright infringement;
4. Criminal liability for copyright infringement;
5. Enforcement measures against copyright infringement.
Chapter 9 Legal Protection of Computer Software
1. General Control
1. The subject, object, content and ownership of rights of computer software copyright.
Part 5 Other Intellectual Property Protection Systems
1. Key terms
Unfair competition, parallel import, commercial defamation
First Chapter The Right to Anti-Unfair Competition
1. General Knowledge
1. The concept and characteristics of unfair competition;
2. Anti-unfair competition and knowledge property rights relationship.
Chapter 2 New Plant Variety Rights
1. General Control
1. Obtaining variety rights and their contents;
2 .Application and approval of variety rights.
Chapter 3 Geographical Indication Rights
1. General Control
1. Legal liability for infringement of geographical indication rights.
Chapter 4 Trade Secret Rights
1. General Control
1. The concept and constituent conditions of trade secrets;
2. Scope of trade secrets;
3. Legal nature and characteristics of trade secret rights;
4. Legal liability for infringement of trade secrets
Part Three Comprehensive Exercises Question
1. Single-choice question
1. According to the provisions of the Copyright Law, other copyright holders refer to other citizens, legal persons, and other persons who enjoy copyright in accordance with the law except ( ). Unincorporated unit or country.
A. Copyright holder B. Author
C. Copyright subject D. Copyright sublicense subject
2. Among many types of publishers, according to relevant The law stipulates that only ( ) has the legal exclusive right to publish the works it publishes.
A. Newspaper publisher B. Periodical publisher
C. Book publisher D. Multimedia publisher
3. ( ) is in charge of national copyright and related management work.
A. The Standing Committee of the National People's Congress B. The State Council
C. The courts D. The State Council establishes a copyright administrative department
4. The "Berne Convention" ( ) is listed as the first protected copyright property.
A. Reproduction right B. Broadcasting right C. Translation right D. Public performance right
5. my country’s copyright legislation began in the late Qing Dynasty, and the first copyright law in history was promulgated in ( ) A copyright law called "Copyright Law of the Qing Dynasty".
A. 1899B. 1919
C. 1910D. 1905
6. my country's "Copyright Law" stipulates that the acquisition of copyright shall be based on ( )in principle.
A. Obtained automatically B. Obtained by registration
C. Obtained by registration D. Obtained by publishing
7. Those that are not copyright property rights include ( ).
A. Right of publication B. Right of reproduction
C. Right of performance D. Right of compilation
8. my country’s protection period for foreign works of applied art starts from This work ( ) is from 25 years ago.
A. Complete B. Publish
C. Use D. Register
9. If the copyright belongs to a legal person or an unincorporated unit, the legal person or unincorporated unit changes or after termination, if the right to use the work and the right to receive remuneration are within the protection period stipulated by law, and there is no legal person or unincorporated unit that assumes its rights and obligations, the copyright is enjoyed by ( ).
A. Copyright administrative department B. Author
C. State D. The original superior authority of the legal person or unincorporated unit
10. ( ) Responsible for national copyright-related management work.
A. The Standing Committee of the National People's Congress B. The State Council
C. The courts D. The State Council established a copyright administrative department
11. The world's earliest grant of protection to inventions and creations Patent protection regulations were promulgated by ( ).
A. Venice in 1474 B. Venice in 1475
C. England in 1474 D. England in 1475
12. ( ) is a type of copyright property rights. the most basic right.
A. Right of reproduction B. Right of distribution
C. Right of compilation D. Right of performance
13. In our country, a work shall be valid within ( ) after its creation If it is not published, copyright law no longer provides protection.
A. 50 years B. 30 years
C. 20 years D. 10 years
14. Works of Chinese citizens, legal persons or unincorporated entities, Its copyright comes into being from the date of ( ).
A. First publication B. First publication
C. Creation completed D. First disclosure
15. ( ) is not protected by my country’s Copyright Law.
A. Oral works B. Folk art works
C. Calendars, numerical tables D. Maps
16. Those that do not belong to personal rights of copyright include ( ).
A. Right to publish B. Right to modify
C. Right to protect the integrity of the work D. Right to copy
17. ( ) is the author of audio-visual works such as movies .
A. Director B. Screenwriter
C. Lyricist D. Photographer
18. According to the provisions of my country’s Copyright Law, ( ) is permanently protected by law. Protect.
A. Right of modification B. Right of reproduction
C. Right of interpretation D. Right of distribution
19. In 1904, the Qing government promulgated the first copyright law in the history of our country. A trademark regulation, namely ( ).
A. "Trademark Law" B. "Interim Regulations on Trademark Registration"
C. "Trial Regulations for Trademark Registration" D. "Trademark Management Regulations"
20. According to the newly revised "Trademark Law", ( ) can be used as a trademark.
A. The common name of this product B. Foreign place names known to the public
C. Place names of administrative divisions above the county level D. Place names with other meanings
21. In my country, when registering a trademark, ( ) is used to determine the ownership of the exclusive right to trademark.
A. First-to-apply principle B. First-to-apply principle, with the first-to-use principle
C. First-to-use principle D. First-to-use principle, with the first to apply principle
22. The object of commercial defamation is the competitor ( ).
A. Business secrets B. Commercial interests
C. Product quality D. Business reputation
23. The application for trademark registration in my country is ( ).
A. The principle of first to apply B. The principle of first to use
C. The principle of first to apply is dominant and the principle of first to use is supplementary
D. The first-to-use principle is the dominant one, and the first-to-file principle is the supplementary one.
24. The Universal Copyright Convention is an international convention on copyright protection initiated and signed by ( ).
A. United Kingdom B. France
C. China D. United States
25. In my country, a registered trademark is not applied for within 6 months before expiration. For renewal of registration, an extension period of ( )
can be given.
A. 9 months B. 8 months
C. 7 months D. 6 months
26. The registered trademark has been stopped for 3 consecutive years. , the Trademark Office shall order ( ) its registered trademark.
A. Order to correct within a time limit B. Order to correct or cancel within a time limit
C. Order to correct or cancel within a time limit D. Cancel
27. According to my country’s Trademark Law, Applicants for trademark registration in this country do not include ( ).
A. Legal person B. Individual business owner
C. Individual partnership D. All natural persons
28. my country ( ) is the certification body for well-known trademarks.
A. State Council B. Local People’s Government
C. State Administration for Industry and Commerce D. National Tax Agency
29. my country’s Patent Law stipulates that for Two or more products ( ) of the same category that are sold or used in sets can be submitted as one application.
A. Invention B. Patent C. Utility model D. Design
30. my country's "Patent Law" stipulates that applications for utility model and design patents shall be carried out ( ).
A. Substantive examination B. Formal examination
C. Formal examination and substantive examination D. Formal examination or substantive examination
31. my country’s review of invention patent rights The term of protection is 20 years, calculated from the date of patent ( ).
A. Use B. Apply
C. Grant D. Invent
32. Utility model patent rights and design patent rights stipulated in my country's patent law The protection period is ( ) years from the date of application for the patent.
A. 20 years B. 15 years
C. 5 years D. 10 years
33. ( ) is the first international company to protect industrial property rights. convention.
A. "Berne Convention" B. "Paris Convention for the Protection of Industrial Property"
C. "Universal Copyright Convention" D. "Rome Convention"
34 , utility model and design patents ( ).
A. Adopt the registration system B. Mainly adopt the registration system
C. Adopt the early public delayed review system D. Mainly adopt the early public delayed review system
35 , the basic principles of the Paris Convention for the Protection of Industrial Property do not include ( ).
A. Principle of national treatment B. Principle of priority
C. Principle of independent protection D. Principle of automatic protection
36. In patent application, one application Among the claims, there should be ( ) independent claims.
A. One item B. Two items
C. Two or more items D. At least one item
37. According to Chinese laws, invention patents and utility models The priority period of a patent is ( ).
A. 3 months B. 6 months
C. 9 months D. 12 months
38. ( ) is the minimum period for granting a patent. One of the basic positive conditions.
A. Creativity B. Practicality
C. Novelty D. Applicability
39. The basic principles of the Paris Convention for the Protection of Industrial Property do not include ( ) .
A. Principle of national treatment B. Principle of priority
C. Principle of independent protection D. Principle of automatic protection
II. Multiple-choice questions
1. Personal rights of copyright include ( ).
A. Right of reproduction B. Right of broadcast C. Right of publication D. Right of modification
2. In my country, the authors of audio-visual works include ( ) and others.
A. Director B. Screenwriter
C. Performer D. Producer of sound recordings
3. The following ( ) are works protected by my country’s copyright law .
A. Law B. Current affairs news
C. Oral works D. Drama works
4. Based on the consumption method of knowledge products, intellectual property rights divided into ( ).
A. Right to creative intellectual achievements B. Right to mark industrial and commercial marks
C. Copyright D. Industrial property right
5. Art works include ( ).
A. Painting B. Calligraphy
C. Sculpture D. Architecture
6. The performer’s personal rights include ( ).
A. Record or videotape the performance. B. Allow others to broadcast the performance live.
C. Indicate the identity of the performer. D. The image of the performance will not be distorted.
7. The characteristics of copyright transfer include ( ).
A. The transfer of copyright is not the transfer of the property rights of the original work
B. There is a strict difference between the transfer of copyright and the licensing of copyright
C. Copyright There are many choices for the content of transferred rights
D. The transfer of copyright property rights shall be regarded as the completion of the exercise of the personal rights of the copyright at the same time
8. my country's "Patent Law" stipulates ( ) and other patents.
A. Scientific discovery B. Invention
C. Appearance design D. Utility model
9. The following categories cannot be patented ( ).
A. Rules and methods of intellectual activities B. Disease diagnosis and treatment methods
C. Animal and plant species D. Substances obtained by nuclear mutation methods
10. In our country, ( ) does not conduct substantive examination.
A. Utility model B. Appearance design
C. Applicable new type D invention
11. “Novelty” under the Patent Law means the invention before the filing date There is no identical invention or utility model ( )
A. Publicly published in foreign publications B. Publicly published in domestic publications
C. Publicly used domestically D. Become known to the public in other ways
12. my country’s patent law stipulates that two or more ( ) belonging to a general inventive concept can be filed as one application propose.
A. Invention B. Patent C. Utility model D. Design
13. According to the object of use of the trademark, the trademark can be divided into ( ).
A. Product trademark B. Service trademark C. Flat trademark D. Three-dimensional trademark
14. The "Anti-Unfair Competition Law" stipulates that misleading expressions on goods include( ).
A. The act of fraudulently using certification marks B. The act of forging the place of origin
C. Making misleading false representations of product quality D. The act of forging famous and high-quality marks
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15. There are ( ) which cannot be used as trademark signs in our country.
A. Common names and graphics of this trademark
B. Ethnically discriminatory signs
C. Exaggerated and deceptive signs
D. Place names of administrative divisions at or above the county level or foreign place names known to the public
16. ( ) may lead to the cancellation of a registered trademark.
A. Change the text, graphics or combination of registered trademarks in accordance with the law
B. Change the name, address or other registration matters of the registered trademark in accordance with the law
C. Self-transfer of registered trademarks D. Shoddy manufacturing, passing off as good quality, deceiving consumers
17. At present, the main final review systems for trademark rights confirmation in the world are ( ).
A. Final review system of the highest authority B. Administrative final review system
C. Judicial final review system D. Mixed judicial and administrative final review system
18. At present According to the legislation of various countries, the system for obtaining trademark rights can be divided into ( ) systems.
A. Usage system B. Registration system
C. Mixed use and registration system D. Other systems
19. The Universal Copyright Convention has ( ) basic principles.
A. National treatment B. Independent protection
C. Non-automatic protection D. Automatic protection
20. The characteristics of copyright transfer are ( ).
A. The transfer of copyright is not the transfer of the property rights of the original work
B. There is a strict difference between the transfer of copyright and the licensing of copyright
C. Copyright There are many choices for the content of transferred rights
D. The transfer of copyright property rights shall be regarded as the completion of the simultaneous exercise of the personal rights of the copyright
3. Glossary questions
Intellectual Property Intellectual Property Rights Regional Compilation Works Copyright Fair Use of Copyrights
Legal License to Use Exhibition Rights Video Products Trademark Rights Trademarks Well-Known Trademarks
Certification Trademarks Patent Implementation License Contracts Commercial Defamation behavior, neighboring rights, patent rights transfer, contract issuance rights
Unfair competition, design parallel import, service invention, creation, exclusive right to implement, infringement of trade secrets
4. Short answer questions
< p>1. What conditions can a work meet as a collaborative work?2. What conditions should job works meet? 2
3. What conditions should a work protected by copyright law meet?
4. Briefly describe a work completed by two or more authors, the ownership and ownership of the copyright. exercise.
5. According to my country’s patent law, what are the circumstances that occur within 6 months before the filing date without losing novelty?
6. What rights do patentees enjoy in my country?
7. What are the obligations of the patentee?
8. Characteristics of appearance design.
9. What are the functions of trademarks?
10. What are the characteristics of inventions?
11. Among my country’s service-based inventions and creations, what are the inventions and creations completed by performing the tasks of the unit?
12. What are the review procedures for trademark registration applications in my country?
13. What are the main contents of trademark rights?
14. What are the components of a trade secret?
15. Conditions that must be met to apply for priority in patent applications in accordance with the Paris Convention.
16. Components of counterfeiting.
17. Basic principles of the Paris Convention for the Protection of Industrial Property.
18. Briefly describe the rights enjoyed by trademark registrants.
19. Briefly describe the concept of patent infringement and its civil legal liability.
20. Briefly describe the conditions that a trademark applying for registration should meet.
5. Essay questions
1. The provisions of my country’s Copyright Law on the copyright of professional works.
2. Discuss the objects that are not protected by copyright law in my country
3. Discuss the similarities and differences between utility models and inventions in my country’s patent law
4. Discuss trademarks What is the difference in the scope of validity between the right to use and the right to prohibit the use of a trademark?
5. Try to analyze the importance of signing a registered trademark license contract. What main terms do you think should be included and what issues should be paid attention to.
VI. Case Analysis Questions
1. A painting "Lotus" created by the famous painter Zhang was sold to Zhao at a charity auction. Later, at the request of an exhibition hall, Zhao sent the painting to the exhibition hall for exhibition. During the exhibition, a publishing house saw this painting, and negotiated and reached an agreement with Zhao. It was agreed that the publishing house would copy the painting into an annual calendar and issue it, and Zhao would get 15% of the distribution revenue. This almanac was discovered by Zhang after it was issued, and Zhang raised objections.
Questions: (1) Who owns the copyright of this painting?
(2) Can Zhao send this painting to an exhibition, can the copy be made into an annual calendar and be distributed and receive compensation? Why?
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2. Factory A successfully developed a leakage and electric shock protection product on July 3, 1993, and conducted a small batch trial production on July 25, and the sales were good. Therefore, Factory A filed a patent application with the China Patent Office on September 1 of the same year. Company B filed a leakage protector patent application with the China Patent Office on August 20, 1993. After review by the Patent Office, the concepts, structures, and performance of the two leakage and electric shock protection devices were identical or similar. Therefore, Company B’s patent application was determined and announced, while Company A’s patent application was rejected. After Company B obtained the patent application, it immediately claimed that Factory A’s continued production of such products was an infringement and required Factory A to immediately stop production and compensate for its losses.
Question: 1. Should this patent application be approved and awarded to Factory A or Company B according to law? Why?
2. Does Factory A’s continued production constitute infringement of Company B’s patent? Why?
3. In order to improve the image of production and operation, Winery A plans to launch a new wine. The name of the new wine is based on a famous historical legend. In order to carry out preliminary publicity work, the factory discovered that the famous painter B once created a painting about the historical legend, which could be printed on promotional materials to help promote the early promotion of the wine. The factory obtained the consent of the painter and After paying a certain fee, the painting will be printed on preliminary promotional materials for publicity. Due to the right publicity strategy and the effect of famous paintings, the wine has become a well-known brand in several nearby provinces and cities. The winery then launched the painting as a decoration for the new wine, which made the wine's marketing situation promising and sales increased. Painter B believed that Winery A had violated his rights by using the painting for new wine decoration without his consent. For this reason, Painter B filed an infringement lawsuit against Winery A.
Question: Does Winery A infringe upon the rights of Painter B? Why?
4. Factory A has a long history of producing a certain food. Because its food tastes good and its decoration is very popular, the food has become a well-known brand in several nearby provinces and cities.
Factory B saw this situation and used the decoration of this food to launch a new food. The name of the new food is different from that of Factory A, but ordinary consumers are prone to misunderstanding and think that they are products of the same manufacturer. As a result, Factory A's sales have been affected to a certain extent.
Question: (1) Does Factory B infringe Factory A’s trademark rights? Why?
(2) How should Factory A safeguard its rights and interests?
5. Wang mailed a utility model application document titled "Thermal Insulation Shoes" to the Acceptance Office of the China Patent Office in Qiqihar City, Heilongjiang Province on April 11, 1990. The postmark date was April 1, 1990. , the date when the acceptance office of the China Patent Office received the document was April 6, 1990. Li directly submitted a patent application document for the same invention as Wang to the China Patent Office Acceptance Office in Beijing on April 2, 1990, also called a utility model patent application for "insulation shoes".
Q: How to deal with it? Why?