Reference answers

Multiple choice questions:

1. B Trademark Law of the People's Republic of China (Amendment)

Art. Article 23 The validity period of a registered trademark is ten years, calculated from the date of approval of registration.

Article 24 If a registered trademark expires and needs to be continued to be used, an application for renewal of registration shall be made within six months before expiration; if the application is not made during this period, a six-month period may be granted of extension period. If an application has not been made before the extension period expires, the registered trademark will be cancelled.

Each renewal of registration is valid for ten years.

After the registration renewal is approved, it will be announced.

2. A

Analysis: Copyright includes personal rights and property rights:

Personal rights are also called moral rights, specifically including:

(1 ) The right of publication, that is, the right to decide whether a work will be made public;

(2) The right of signature, that is, the right to indicate the identity of the author and sign his name on the work;

(3) The right of modification, That is, the right to modify or authorize others to modify the work;

(4) The right to protect the integrity of the work, that is, the right to protect the work from distortion or tampering;

Property rights are also called economic rights, including :

(1) Right of reproduction, that is, the right to make one or more copies of a work by printing, copying, rubbing, recording, videotaping, ripping, or photocopying;

(2) Distribution rights, that is, the right to provide originals or copies of works to the public by selling or donating them;

(3) Rental rights, that is, allowing others to temporarily use film works and make films in similar ways for a fee Rights to works and computer software created by other methods, except that computer software is not the main subject of the lease;

(4) Exhibition rights, that is, the right to publicly display originals or copies of fine arts and photographic works;

(5) Performance rights, that is, the right to publicly perform works, and the right to publicly broadcast works by various means;

(6) Screening rights, that is, through projectors, slide projectors, etc. The right of technical equipment to publicly reproduce art, photography, movies and works created by methods similar to filmmaking;

(7) Broadcasting rights, that is, the public broadcast or dissemination of works by wireless means, wired dissemination or The right to disseminate broadcast works to the public by rebroadcasting, and the right to disseminate broadcast works to the public through loudspeakers or other similar tools that transmit symbols, sounds, and images;

(8) Information network dissemination rights, That is, providing the work to the public through wired or wireless means, so that the public can obtain the right to the work at a time and place of their own choosing;

(9) Filming rights, that is, to make movies or similar movies The right to fix the work on the carrier by a method;

(10) The right to adapt, that is, the right to change the work and create a new original work;

(11) Translation Right, that is, the right to convert a work from one language into another;

(12) Right of compilation, that is, the right to assemble a work or fragments of a work into a new work through selection or arrangement;

(13) Other rights that should be enjoyed by the copyright owner. )

3. C For works created by legal persons or other organizations and copyrights (except for signature rights), the protection period for the publication rights and property rights of professional works enjoyed by legal persons or other organizations is 50 years. year, ending on December 31, the fiftieth year after the work was first published. It also stipulates that if such works are not published within fifty years after their creation, they will no longer be protected by copyright law.

4. D The object of copyright protection is "works", and the core requirement for a "work" to become a "work" is its originality.

5. A. Article 23 of the Patent Law is revised to read: “The design for which a patent right is granted shall be the same as one that has been publicly published in domestic and foreign publications or has been publicly used domestically before the date of application. The design shall not be identical or similar, and shall not conflict with the previously acquired legal rights of others.

6. B Paragraph 2 of this article stipulates: "Utility models as mentioned in the Patent Law refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use."

Multiple choice questions:

1. ABCE Article 8 Trademark Construction

Article 8 Anything that can distinguish the goods of a natural person, legal person or other organization from the goods of others Open visible signs, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as combinations of the above elements, can be applied for registration as trademarks.

2. BCD industrial property rights are also called "industrial ownership". Internationally used legal terminology. The collective name for the ownership of invention patents, utility models, designs, and trademarks.

3. After ABCDE invention and utility model patent rights are granted, except as otherwise provided by the Patent Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not be used for production purposes. For business purposes, manufacture, use, offer for sale, sell, or import its patented products, or use its patented methods and use, offer for sale, sell, or import products directly obtained according to the patented methods. Therefore, the exclusive enforcement rights of product invention patentees and utility model patentees specifically include the right to manufacture, use, promise to sell, sell and import the patented products; the exclusive enforcement rights enjoyed by process invention patentees are , in addition to the exclusive right to use the patented method, also includes the right to use, the right to sell, the right to sell and the right to import the products directly obtained according to the patented method. The promise to sell here refers to the expression of intention to sell goods by means of advertising, displaying in shop windows, or exhibiting at trade fairs.

4. After the ABCD design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, offer for sale, sell, or import it for production and business purposes. Design patent products. It can be seen that the exclusive right to implement a design patent includes the right to manufacture, promise to sell, sell and import the patented product.