{"Protection of Rights and Interests of Professional and Technical Personnel" Exam Paper·Answers} + {Answers to Each Chapter}
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"Protection of Rights and Interests of Professional and Technical Personnel" Exam Paper·Answers
True or False Questions
1. In a society governed by the rule of law, rights holders Their legitimate rights and interests can be realized only through the protection of legal provisions and state coercive force. (2 points) Score 2
No
2. Professional and technical personnel can enjoy corresponding wages after obtaining a certain professional and technical qualification. (2 points) Score 2
No
3. The professional and technical qualification examination is an examination that is organized uniformly across the country with a unified syllabus, unified test questions, unified examination time and unified scoring standards. (2 points) Score 2
Yes
4. If the professional and technical personnel have worked continuously in the same unit for more than 5 years and both parties agree to renew the labor contract, if the professional and technical personnel propose To conclude a labor contract without a fixed term, the unit must agree to conclude it. (2 points) Score 2
No
5. As the main form of personal rights, personality rights take personal interests as the object and content. It is a natural person who becomes a social person. Necessary conditions for human beings and legal subjects. (2 points) Score 2
Yes
6. The biggest feature of a company is that it has legal personality, that is, in addition to the many investors, the law also figures out a main body, by which to independently assume responsibility for external affairs. (2 points) Score 2
Yes
7. A joint stock limited company has two forms of establishment and establishment, and there are at least 5 promoters, of whom more than half must be initiators. The person has a residence within the territory of our country. The exception is when a state-owned enterprise is converted into a joint-stock company. The number of sponsors can be less than 5, but it must be established by raising funds. (2 points) Score 2
Yes
8. my country’s company system provides for three types: limited liability company, joint stock company and unlimited company. (2 points) Score 2
No
9. A partnership refers to a partnership in which all partners jointly contribute capital, operate in partnership, share profits, and share responsibilities An enterprise that bears limited joint and several liability for the debts of a partnership. (2 points) Score 2
No
10. In the case of a major misunderstanding of the contract, the law allows the injured party to change its contract on its own initiative. (2 points) Score 2
No
11. "Obvious agency" stipulates that if the counterparty has reason to believe that an agent without authority has agency authority, the contract entered into by the agent is valid . (2 points) Score 2
Yes
12. Citizens’ works, their rights to publish, use and receive remuneration last for the lifetime of the author and 50 years after his death, ending On December 31, 50 years after the author's death. (2 points) Score 2
Yes
13. For works created jointly by two or more people, the copyright is shared by the co-author ***. Even if the collaborative work is divided and used, the authors cannot enjoy separate copyrights for the parts they created. (2 points) Score 2
No
14. If a store sells counterfeit "Zhonghua" brand cigarettes, it cannot be deemed that the store has infringed the "Zhonghua" brand trademark. (2 points) Score 2
No
15. Technical services refer to services provided by one party to the other party using technical knowledge to solve specific technical problems. (2 points) Score 2
Yes
16. A technology secret licensing contract means that the owner of a technology secret licenses his technology secret to others, and the user pays the licensor a royalty the contract entered into.
(2 points) Score 2
Yes
17. my country’s science and technology award system establishes the National Top Science and Technology Award, the National Natural Science Award, the National Technology Invention Award, and the National Science and Technology Progress Award. and 5 other awards including the International Science and Technology Cooperation Award of the People's Republic of China. (2 points) Score 2
Yes
18. If the party concerned is dissatisfied with the patent infringement decision of the patent management agency, he may file a lawsuit with the People's Court within 2 months from the date of receipt of the decision. . If there is no prosecution or enforcement at the expiration of the time limit, the patent administration agency may request the People's Court for enforcement. (2 points) Score 2
No
19. As long as workers have actually become members of enterprises and individual economic organizations and provide them with paid labor, the labor law should apply Law. (2 points) Score 2
Yes
20. Different from the resolution of general civil disputes, arbitration is a necessary procedure for resolving labor disputes through litigation.
(2 points) Score 2
Yes
Multiple choice question
1. The following rights and interests enjoyed by exclusive professional and technical personnel are ( ) (2 points) Score 2
The right to obtain treatment corresponding to professional titles
2. Which of the following are legal rights and interests (legal interests) ( ) (2 points) Score 2
Damage Compensation
3. Among the following professional and technical qualifications, those obtained through the national unified examination are ( ) (2 points) score 2
Computer programmer
4. Passed the professional The unified printing authority of the "Qualification Certificate" obtained by the personnel who reviewed the technical qualifications ( ) (2 points) Score 2
Provincial Personnel Department
5. Establishment of a joint-stock company The minimum registered capital is ( ) (2 points) score 2
10 million yuan
6. When establishing a limited liability company, the legal requirements for shareholders are ( ) (2 points) score 2
More than 2 people and less than 50 people
7. The following audits as required by the state refer to ( ) (2 points) Score 2
Industry audit
8. A contract in which a person who has no right to dispose of other people’s property sells, leases, etc. the property through a contract is ( ) (2 points) Score 2
Contract whose validity is to be determined
9. Among the following commodity trademarks subject to compulsory registration are ( ) (2 points) scored 2
Hongtashan
10. The form that should be used to conclude a technology development contract is ( ) (2 points) ) Score 2
Written form
11. The "Law of the People's Republic of China on Safeguarding State Secrets" was enacted in ( ) (2 points) Score 2
1988
12. According to the law, the extension period after the expiration of the trademark validity period is ( ) (2 points) Score 2
6 months
More Topic selection
1. The most popular salary incentive methods currently include ( ) (2 points) Score 2
Annual salary system
Skill salary
Flexible benefits
Employee stock ownership plan, option system
2. The following are the performance principles of the labor contract (2 points) score 2
In person Principle of performance
Principle of comprehensive performance
Principle of collaborative performance
3. The circumstances under which employed professional and technical personnel may notify the employer to terminate their labor contract at any time are ( ) (2 points) Score 2
During the probation period
The employer forces the employer to work by threatening violence or illegally restricting personal freedom
The employer fails to Pay labor remuneration or provide labor conditions in accordance with the labor contract
4. The social security system under construction in our country includes ( ) (2 points) Score 2
Social insurance
Social assistance
Social welfare
Social preferential treatment
5. The "Company Law" stipulates that the conditions for a joint-stock company to issue new shares are ( ) (2 Points) Score 2
The previous shares have been fully raised, and the time interval is more than 1 year
The company has been profitable for the past 3 years and can pay dividends to shareholders
< p> The company’s financial accounting reports for the past three years have no false recordsThe company expects the profit rate to reach the profit rate of bank deposits in the same period
6. The circumstances under which private lending can be deemed invalid include ( ) (2 points) Score 2
Enterprises illegally raise funds from employees in the name of loans
Enterprises illegally raise funds from the public in the name of loans
Enterprises illegally raise funds from the public in the name of loans Granting loans
7. Usually affects businesses
The main factors of investment return are ( ) (2 points) Score 2
Corporate profitability
Taxation
Corporate allocation method
8 . The method of concluding the contract can be ( ) (2 points) score 2
Written method
Verbal method
Telephone, fax, email
Auction or bidding methods
9. The basic principles of the "Contract Law" are ( ) (2 points) Score 2
Equality, voluntariness, fairness
Honesty and credibility
Compliance with laws and social public interests
10. The service inventions and creations completed in the execution of the unit’s tasks refer to ( ) (2 points ) Score 2
Inventions and creations completed while engaged in one's own work
Inventions and creations completed by accepting tasks assigned by the unit in addition to one's own work
Resignation, retirement or Inventions and creations completed within 1 year after the transfer and related to the original work undertaken by the original unit or the tasks assigned by the original unit
11. The patent license contract can be divided into ( ) (2 points) Score 2
p>
Exclusive license contract
Exclusive license contract
Ordinary license contract
12. When national technical secrets are transferred domestically, the contract must specify this ( ) (2 points) score 2 for this technology
Confidentiality level
Confidentiality period
Confidential content
13. Patent infringement in my country The people's court with first instance jurisdiction over the case is ( ) (2 points) Score 2
The Intermediate People's Court where the people's government of the province, municipality or autonomous region is located
The Intermediate People's Court of the Special Economic Zone
p>Intermediate People's Court designated by the Supreme People's Court
14. According to the law, the legal liability for infringement of intellectual property rights depends on the circumstances: ( ) (2 points) Score 2
Civil liability
Criminal liability
Administrative penalty
15. To judge whether an act infringes upon the patent rights of others, it depends on the score of ( ) (2 points) 2
Whether the perpetrator exploited his patent without the permission of the right holder
Whether the perpetrator exploited the patent for production and business purposes
Whether the perpetrator was subjectively at fault
16. The scope of labor dispute settlement stipulated in the "Regulations on the Handling of Enterprise Labor Disputes" mainly includes ( ) (2 points) Score 2
The dismissal, removal, dismissal and resignation of employees due to the enterprise , voluntary resignation, etc.
Disputes arising from the implementation of national regulations on wages, insurance, welfare, training, labor protection, etc.
Disputes arising from the performance of labor contracts
p>Labor disputes where other laws and regulations stipulate that enterprise labor dispute settlement regulations should be applied
17. The cause of labor disputes is usually ( ) (2 points) Score 2
Disputes arising from the implementation of labor laws and regulations
Disputes arising from the performance of labor contracts and collective contracts
18. The party’s request to the patent management department to handle patent infringement disputes should be The conditions met are ( ) (2 points) Score 2
The petitioner has a direct interest in the dispute
There is a clear respondent
There is a specific Request and factual basis
The parties did not file a lawsuit in the People’s Court to resolve the dispute
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Assignments for each chapter of "Protection of Rights and Interests of Professional and Technical Personnel" · All correct answers
Assignment 1.1 Total score: 100 Your score: 100 Score: 100
Description:
Requirements: Must
True or false questions
1. In a society governed by the rule of law, all social rights are elevated to legal rights. (10 points) Score 10
No
2. Professional ethics is the basis for the normal operation of a country's social economy and its continuous improvement of international competitiveness. (10 points) Score 10
Yes
Multiple choice question
1. Which of the following items are legal rights (legal interests) ( ) (20 points) Score 20
Damages
Multiple choice questions
1. Which of the following are professional and technical personnel of the unit ( ) (30 points) Score 30 < /p>
Software engineer in IT enterprise research office
Designer in design office of architectural design institute
2. Among the following rights and interests protected by law are ( ) (30 points ) Score 30
Labor rights
Right to choose a career
Invention rights
Assignment 2.1 Total score: 100 Your score: 100 Score: 100
Description:
Requirements: Required
True or False
1. The assessment and recognition of professional and technical qualifications is carried out by professional and technical personnel. The superior department of the unit is responsible for this. (10 points) Score 10
No
2. The professional and technical qualification examination refers to an examination with a unified national organization, unified syllabus, unified examination questions, unified examination time and unified scoring standards. (10 points) Score 10
Yes
Single choice question
1. The "Qualification Certificate" obtained by personnel who have passed the professional and technical qualification review is unified by ( ) Print. (20 points) Score 20
Provincial Personnel Department
Multiple choice questions
1. Professional and technical personnel who have obtained professional and technical qualifications refer to those engaged in ( ) Professional and technical personnel. (30 points) Score 30
Enterprises and institutions
Non-public economic entities
Foreign-invested enterprises (Chinese personnel)
2 . The state stipulates that professional technical qualifications obtained by professional and technical personnel should be obtained through ( ) and other forms. (30 points) Score 30
Professional title review
Qualification examination
Assessment and Recognition
Assignment 2.2 Total Score: 100 Your Score: 100 Grade: 100
Description:
Requirements: Required
True or False Question
1. A labor contract is legally a "commitment contract". As long as both parties agree, whether verbally or in writing, the contract will be established and effective. (10 points) Score 10
No
2. As the main form of personal rights, personality rights take personal interests as the object and content. It is a natural person who becomes a social person. Necessary conditions for people and legal subjects. (10 points) Score 10
Yes
Single-choice question
1. The salary under the annual salary system is calculated based on the year and is divided into ( ) two components. (20 points) Score 20
Basic salary and risk pay
Multiple choice questions
1. Employed professional and technical personnel may notify the employer to terminate their employment at any time The contract situation is ( ).
(30 points) Score 30
During the probation period
The employer forces the employer to work by threatening violence or illegally restricting personal freedom
The employer fails to comply with the requirements The labor contract stipulates the payment of labor remuneration or the provision of labor conditions
2. The main reason for the invalidity of the labor contract is ( ) (30 points) Score 30
The contract subject is unqualified
The content of the contract is illegal
The meaning is untrue
The form of the contract is illegal
Assignment 3.1 Total score: 100 Your score: 100 Score: 100
Description:
Requirements: Must
True or False
1. my country’s legal requirements for registered capital, in addition to stipulating registered capital Beyond the limit, the authorized capital system is implemented for domestic-funded companies, and the paid-in capital system is implemented for Sino-foreign joint ventures and cooperative limited companies. (10 points) Score 10
No
2. A joint-stock company has two forms of establishment and establishment, and there are at least 5 promoters, of whom more than half must be initiators. The person has a residence within the territory of our country. The exception is when a state-owned enterprise is converted into a joint-stock company. The number of sponsors can be less than 5, but it must be established by raising funds. (10 points) Score 10
Yes
Single choice question
1. When establishing a limited liability company, the legal requirements for shareholders are ( ). (20 points) Score 20
More than 2 people and less than 50 people
Multiple choice questions
1. When a partner of a partnership withdraws from the partnership, it can be divided into ( ) three types. (30 points) Score 30
Any withdrawal from the partnership
Legal withdrawal from the partnership
Elimination
2. The form of capital contribution to establish a limited liability company can be: ( ) (30 points) Score 30
Currency
Physical objects
Industrial property rights
Land use rights
Assignment 3.2 Total score: 100 Your score: 100 Grade: 100
Description:
Requirements: Required
True or false questions
1 . Industrial policies, industry standards, enterprise establishment approval, and enterprise establishment registration are all components or related content of the market access system. (10 points) Score 10
Yes
2. A partnership refers to a company in which all partners jointly contribute capital, operate in partnership, share profits, and raise funds. An enterprise that bears limited joint and several liability for partnership debts. (10 points) Score 10
No
Multiple choice question
1. Which of the following incomes should be subject to income tax at the excess cumulative tax rate? (20 points) Score 20
Wages, salaries
Multiple choice questions
1. Usually the main factor that affects the return on investment of a company is ( ). (30 points) Score 30
Enterprise profitability
Taxation
Enterprise allocation
2. "The People's Republic of China and the State Council" "Detailed Implementation Rules for Penalty for Violation of Foreign Exchange Administration" stipulates that enterprises shall not engage in illegal activities ( ) (30 points) Score 30
Arbitrage behavior
Foreign exchange evasion behavior
Disrupting Financial Conduct
Assignment 3.3 Total Score: 100 Your Score: 100 Grade: 100
Description:
Requirements: Required
True or False
1. "Obvious agency" stipulates that if the counterparty has reason to believe that an agent without authority has agency authority, the contract entered into by the agent is valid.
(10 points) Score 10
Yes
2. The right of revocation means that if the debtor fails to exercise its due creditor's rights and causes damage to the creditor, the creditor can request the people's court to rescind it. A right of the debtor to do so. (10 points) Score 10
No
Single choice question
1. An invalid contract is a contract signed under the following ( ) circumstances. (20 points) Score 20
Use legal forms to conceal illegal purposes
Multiple choice questions
1. The basic principle of contract law is ( ). (30 points) Score 30
Equality, voluntariness, fairness
Be honest and trustworthy
Comply with the law and social public interests
2. The party’s liability for breach of contract includes ( ) (30 points) Score 30
Actual performance
Damages
Liquidated damages
Deposit
Assignment 4.1 Total score: 100 Your score: 100 Grade: 100
Description:
Requirements: Required
< p> True or False1. Patent right is the exclusive right granted by the patent law to the legal owner of an invention and creation to implement his invention and creation. (10 points) Score 10
Yes
2. For works jointly created by two or more people, the copyright is shared by the co-author ***. Even if the collaborative work can be divided and used, the authors cannot enjoy separate copyrights for the parts they created. (10 points) Score 10
No
Single-choice question
1. The following commodity trademarks that are subject to compulsory registration are ( ). (20 points) Score 20
Hongta Mountain
Multiple choice questions
1. The following moral rights under copyright refer to ( ). (30 points) Score 30
Right of publication
Right of signature
Right of modification
Right to protect the integrity of the work
2. The necessary conditions for granting patent rights for inventions or utility models are ( ) (30 points) Score 30
Novelty
Creativity
Practicality< /p>
Assignment 4.2 Total score: 100 Your score: 100 Score: 100
Description:
Requirements: Required
True or false questions
p>
1. The "Contract Law" stipulates that legal persons or other organizations shall withdraw a certain proportion of the income obtained from the use and transfer of the job's technical achievements and reward or remunerate the individuals who have completed the job's technical achievements. (20 points) Score 20
Yes
2. Technical services refer to services in which the parties license their technical knowledge to others. (20 points) Score 20
No
Multiple choice questions
1. In addition to the general provisions on the invalidity of contracts in the Contract Law that apply to technical contracts, causes The reasons why the technical contract is invalid also involve (). (20 points) Score 20
Illegal monopoly on technology and hinder technological progress
Infringement of other people’s technical achievements
2. Patent implementation licensing contracts can be divided into ( ).
(20 points) Score 20
Exclusive license contract
Exclusive license contract
General license contract
3. The price of the technology contract, The method of payment of remuneration or royalties is generally ( ) (20 points) Score 20
One-time lump sum, lump-sum payment
One-time lump sum, installment payment
Commission Payment
Commission payment plus prepaid entry fee
Assignment 4.3 Total marks: 100 Your score: 100 Grade: 100
Description:
Requirements: Must
True or False
1. The technical inventions that win the National Technological Invention Award must meet the following conditions: they must have not been invented by predecessors or have not been made public; they must be advanced and creative ; After implementation, create significant economic benefits or social benefits. (20 points) Score 20
Yes
2. The National Highest Science and Technology Award is awarded a certificate and bonus by the State Council. (20 points) Score 20
No
Multiple choice questions
1. The basic characteristics of secret-level science and technology are ( ). (20 points) Score 20
Advancedness
Practicality
Uniqueness or exclusivity
Secrecy
2. When national-level technical secrets are transferred domestically, the contract must specify the technology ( ). (20 points) Score 20
Confidentiality level
Confidentiality period
Confidentiality obligations assumed by the transferee
3. National scientific and technological secrets The levels are divided into ( ) (20 points) Score 20
Top Secret Level
Confidential Level
Secret Level
Assignment 5.1 Total points: 100 Your score: 100 Score: 100
Description:
Requirements: Required
True or false questions
1. To resolve labor disputes, In accordance with the principles of legality, fairness and timely processing, the legitimate rights and interests of workers shall be protected in accordance with the law. (20 points) Score 20
No
2. As long as the workers have actually become members of enterprises and individual economic organizations and provide them with paid labor, the labor law should apply Law. (20 points) Score 20
Yes
Multiple choice questions
1. The reason for labor disputes is usually ( ). (20 points) Score 20
Disputes arising from the implementation of labor laws and regulations
Disputes arising from the performance of labor contracts and collective contracts
2. Labor disputes The processing agencies mainly include ( ). (20 points) Score 20
Labor Dispute Mediation Committee
Labor Dispute Arbitration Committee
People’s Court
3. "Enterprise Labor Disputes The handling principles stipulated in the Handling Regulations are ( ) (20 points) Score 20
Focus on mediation and handle in a timely manner
Handle in accordance with the law on the basis of ascertaining the facts
All parties involved are equal in the application of the law
Assignment 5.2 Total score: 100 Your score: 100 Grade: 100
Description:
Requirement: Required
True or False
1. Arbitration of copyright contract disputes is a general civil arbitration, and arbitration must be initiated by agreement between both parties. (20 points) Score 20
Yes
2. If the party concerned is dissatisfied with the patent infringement decision of the patent management agency, he may file a lawsuit with the People's Court within 2 months from the date of receipt of the decision. .
If there is no prosecution or enforcement at the expiration of the time limit, the patent administration agency may request the People's Court for enforcement. (20 points) Score 20
No
Single-choice question
1. In a process patent infringement lawsuit, regarding the party bearing the burden of proof, the following ( ) The statement is correct. (20 points) Score 20
It shall be borne by the defendant
2. If the party concerned is dissatisfied with the administrative penalty decision of the copyright administrative department, the time to file a lawsuit with the People's Court shall be after receiving the decision letter. From the date () (20 points) Score 20
Within 3 months
Multiple choice questions
1. According to the law, infringement of intellectual property rights depends on the circumstances. The legal responsibilities that must be borne include ( ). (20 points) Score 20
Civil liability
Criminal liability
Administrative penalty