1. A adapted B's novel into a screenplay with B's permission, and C adapted the screenplay into a TV screenplay and published it without the consent of A and B. Which of the following statements about C's behavior is correct?

A. infringes the copyright of A, but does not infringe the copyright of B.

B. infringes the copyright of B, but does not infringe the copyright of A.

C. does not constitute infringement

D. infringes both the copyright of A and the copyright of B.

Answer: D

See Article 11 and Article 12 of the Copyright Law.

2. according to China's copyright acquisition system, which of the following options is in line with the situation of citizens' copyright in China?

a. automatically generated with the publication of the work

b. automatically generated with the completion of the creation of the work

c. automatically generated after the copyright mark is added to the work

d. generated after the work is fixed in a certain material form

Answer: B

Analysis: See Article 23 of the Regulations for the Implementation of the Copyright Law. This article stipulates: "Copyright comes into being from the date when a work is created, and is protected by copyright law."

3. Which of the following options does not belong to the service invention-creation completed by performing the tasks of the unit as mentioned in the Patent Law?

A. Inventions and creations made by employees in their own units

B. Inventions and creations made in their own work

C. Inventions and creations made outside the work delivered by their own units

D. Inventions and creations made after retirement and related to the work undertaken by them in their original units

Answer: A

Analysis: See the Detailed Rules for the Implementation of the Patent Law. This article stipulates: "The post-service invention-creation mentioned in Article 6 of the Patent Law refers to: (1) inventions made in the course of one's own work; (2) Inventions and creations made by performing tasks other than their own jobs entrusted by their own units; (3) Inventions and creations made within one year after resignation, retirement or transfer, which are related to their own jobs or tasks assigned by their original units. The material conditions of the entity mentioned in Article 6 of the Patent Law refer to its capital, equipment, spare parts, raw materials or technical materials that are not disclosed to the public. "

4. which of the following is the correct understanding of "industrial property" in the Paris Convention for the Protection of Industrial Property?

a. only applicable to industry and commerce itself

b. applicable to industry and commerce and mining industries

c. not applicable to agriculture and all natural products

d. not only applicable to industry and commerce itself, But also applies to agriculture and mining industries and all manufactured or natural products

Answer: D

Analysis: See Article 1 (3) of the Paris Convention for the Protection of Industrial Property, which stipulates: "Industrial property rights should be understood in the broadest sense, not only to industry and commerce itself, but also to agriculture and mining industries and all manufactured or natural products, such as alcohol.

5. The graphics, fonts and colors on the front and both sides of the packaging of the "Tianxiajing" brand wine produced by a winery are similar to those of the packaging box of the well-known trademark "Marlboro" brand cigarette registered in China, and the logo printed on its seal is similar to that of "Marlboro" cigarette. When the industrial and commercial bureau where the factory is located found out, it ordered the factory to stop selling this wine, collect all its outer packaging and impose a fine. Which of the following opinions about this case is correct?

A. The decoration used by this factory does not infringe the exclusive right of others to use trademarks.

B. Wine and cigarettes are not the same kind of products, so there is no infringement problem in this case.

C. "Marlboro" is a well-known trademark, and its protection scope should be expanded according to the Paris Convention for the Protection of Industrial Property.

D. In this case, under the circumstance that the manufacturer of Marlboro has not filed a complaint, The administrative organ for industry and commerce has no right to investigate

Answer: C

Analysis: See Article 6 (bis) of the Paris Convention for the Protection of Industrial Property Trademark: well-known trademark.

2. Multiple choice questions

1. The French inventor Clit applied for a patent for an invention in France on October 2th, 199. On September 3, 1991, Klett filed an application with the Chinese Patent Office for the invention and applied for priority. After Clift, the invention was patented in France on December 31st, 1992 and in China on August 5th, 1993. According to the Patent Law, the date of application in China and the expiry date of the patent right are as follows?

A. October 2, 199

B. September 3, 1991

C. October 2, 21

D. December 31, 212

Answer: AC

Analysis: the priority period for inventions is 12 months, and those with priority. The term of the invention patent right is 2 years, counting from the date of application.

2. Author A submitted a novel he created to B Publishing House for publication, but both parties never signed a publishing contract. Afterwards, the author signed an exclusive publishing contract with C Publishing House to submit the book to C for publication. Now B raises an objection to C. How should this case be determined according to law?

A. A's behavior is multiple contributions, which infringes the rights of B. B. C. It is an infringement to sign a publishing contract with A knowing that B has published this book.

C. It is not illegal for A. A. to submit multiple contributions, and B. Not signing a publishing contract violates the requirements of the copyright law.

D. B should respect C.' s exclusive publishing right. No more publishing of this book

Answer: CD

Analysis: Party B should sign a publishing contract with Party A. Without a contract, without an exclusive publishing contract, it has no right to bind the author to sign an exclusive publishing contract with other publishing houses, and shall not infringe the exclusive publishing rights of the latter.

3. In the following acts of copyright infringement, in which cases should the infringer not only bear civil liability, but also be given administrative punishment by the copyright administrative department?

a. using a work by means of performance, broadcasting, exhibition, etc. without the permission of the copyright owner

b. reproducing and distributing its work for profit without the permission of the copyright owner

c. reproducing and distributing its radio and television programs without the permission of radio stations and television stations

d. publishing its performance audio and video without the permission of the performer

. A in the option belongs to the category of civil liability stipulated in the Copyright Law, and this behavior does not necessarily bear administrative liability.

4. according to the provisions of the patent law, two or more inventions or utility models that can be filed as a patent application and belong to a general inventive concept should be technically interrelated and contain one or more identical or corresponding specific technical features, in which the specific technical features refer to the technical features that each invention or utility model contributes to the existing technology when considered as a whole. Which of the following options meet the above requirements?

A. Similar independent claims of two or more products or methods that cannot be included in one claim

B. Independent claims of products and methods dedicated to manufacturing the products

C. Independent claims of products and uses of the products

D. Independent claims of products, methods dedicated to manufacturing the products and uses of the products

Answer: ABCD

5. which of the following opinions is correct in determining the responsibilities of the parties concerned?

A.D. infringes on the publication right of the original manuscript owner B and should bear civil liability

B.D. infringes on the copyright of the manuscript author A and should bear civil liability

C.C. infringes on the copyright of the manuscript author A and should bear civil liability

D.D. does not constitute infringement and does not bear civil liability.

Answer: BC

Analysis: See Articles 1 and 22 of the Copyright Law.