Beijing Normal University Internet Education

"Intellectual Property Law" Assignment

This course assignment consists of two parts. The first part is the "objective question part", which consists of 15 multiple-choice questions, each question is worth 1 point, with a maximum score of 15 points. The second part is the "subjective part", which consists of short answer questions and essay questions, with a maximum score of 15 points. The total score of the homework is 30 points, which will be recorded into the total course grade as usual grades.

Objective question part:

1. Multiple-choice questions (1 point each, ***15 questions, among the selected answers given in each question, there is 1 Or if there is more than one correct answer, please fill in the serial number of the correct answer in the brackets. There will be no points for multiple choices, few choices, and wrong choices)

1. For trademarks that have been initially approved by the Trademark Office, they will be announced automatically. Within (B) date, any person may raise an objection.

A. 1 month B. 3 months

C. 6 months D. 12 months

2. Manifestations of product patent infringement Yes (A)

A. Manufacturing patented products B. Selling patented products

C. Using patents for scientific research D. Importing patented products

3. After the trademark applied for by Li has been initially approved, anyone can file an objection within (B) from the date of announcement.

A. 1 month B. 3 months

C. 6 months D. 12 months

4. The protection period of utility model is ( B).

A. 5 years B. 10 years

C. 15 years D. 20 years

5. Invention patent application within (D) from the filing date , the Patent Office may conduct substantive examination of the application upon request made by the applicant at any time.

A. 30 days B. 6 months

C. 1 year D. 3 years

6. The protection period of the author’s signature right (D).

A. For 10 years B. For 20 years

C. For 50 years D. Unrestricted

7. my country’s Trademark Law stipulates that it cannot be used as a trademark The symbols used are (A).

A. The names and graphics are the same as the landmark buildings where the central state agencies of our country are located.

B. The names are the same as the administrative divisions of states and provinces in foreign countries.

C , The same or similar name or logo as "Red Crescent"

D. Only the common name of the product

8. According to my country's Trademark Law, it shall not be registered as a product The sign is (A).

A. With ethnic discrimination

B. Only directly indicating the quality of the goods

C. And indicating the main raw materials, functions and uses of the goods Irrelevant text and graphics

D, lack of distinctive features

9. There are many kinds of works protected by copyright law, including ().

A. Textual works B. Product design drawings

C. Maps D. General numerical tables and formulas

10. Fair use under my country’s Copyright Law includes (A).

A. Personal study use B. Radio and television university teaching use

C. News report use D. Official use

11. Our country has participated in many protection activities International conventions on intellectual property, the most important of which include (C).

A. Paris Convention for the Protection of Industrial Property B. Intellectual Property Agreement of the World Trade Organization

C. Convention Establishing the World Intellectual Property Organization D. Berne Convention for the Protection of Literary and Artistic Works

12. The circumstances for fair use of works stipulated in my country’s Copyright Law include (B).

A. Copy a small amount of published works for school classroom teaching for teaching use

B. Translate Chinese works published by Chinese citizens into minority languages ??and publish them domestically

C. State agencies use published works within a reasonable scope for the purpose of performing official duties

D. Convert published works into Braille for publication

13. The design patentee has the right (B).

A. Prohibit others from manufacturing their patented design products without permission

B. Prohibit others from selling their design products without permission

C. Prohibit others from selling their design patented products without permission

C. Importing its design patented products without permission

D. Prohibiting others from using its design patented products without permission

14. Company A applied to obtain a design patent, and the scope of protection is as follows: (B) shall prevail.

A. Instructions

B. Claims in the claims

C. The design patent product shown in the picture

D. The design patent product shown in the photo

15. Unfair competition includes (C).

A. Falsifying the use of certification marks on goods

B. Devaluing the business reputation of competitors

C. Violating the contract and allowing others to use other people’s business without authorization Secret behavior

D. False propaganda behavior

Subjective question part:

1. Short answer questions (2.5 points each, ***2 questions)

1. What is the scope of works protected by my country’s Copyright Law?

1) Written works;

(2) Oral works;

(3) Music, drama, folk art, dance, acrobatic art works;

(4) Art and architectural works;

(5) Photographic works;

(6) Film works and works created using methods similar to filmmaking;

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(7) Engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;

(8) Computer software;

(9) Law , other works stipulated in administrative regulations.

2. Briefly describe the difference between copyright and neighboring rights.

1. The subjects are different. The subjects of copyright are the creators of intellectual works, including natural persons and legal persons; the subjects of neighboring rights are publishers, performers, audio and video producers, and radio and television organizations. Except for performers, almost all of them are legal persons.

2. The objects of protection are different. The objects of copyright protection are literary, artistic and scientific works; the objects of neighboring rights protection are works that have been processed by the disseminator. The former reflects the creative work of the author, while the latter mainly reflects the creative work of the communicator.

3. The content is different. Copyright mainly refers to the author's personal rights such as publication and signature and property rights such as reproduction and distribution; the content of neighboring rights mainly refers to the publisher's rights to the books and periodicals published, the performer's rights to the performance, and the audio-visual producer's rights to the audio-visual products. rights, the rights of radio and television organizations to their broadcast and television programs, etc.

4. The prerequisites for protection are different. As long as the work meets the legal conditions, it can obtain copyright protection as soon as it is created; the acquisition of neighboring rights is subject to the authorization of the copyright owner and the reuse of the work.

2. Essay questions (5 points each, ***2 questions)

1. Describe a work completed by two or more authors, and the ownership and ownership of the copyright. exercise.

1. For works completed by two or more authors, the copyright is shared by the co-authors ***.

2. People who did not participate in the creation cannot become co-authors.

3. Issues such as publication, signature, modification and remuneration of the work should be determined through consultation among all collaborators.

4. If the collaborative work can be divided and used, each collaborator has independent copyright for the part he created and can use it independently.

5. If the collaborative work cannot be used indivisibly, if the co-author cannot reach consensus on the exercise of the copyright, no party shall prevent the other party from exercising it without justifiable reasons.

2. Describe the concept, composition, specific manifestations and legal responsibilities of commercial bribery.

Commercial bribery refers to the unfair competition behavior in which operators secretly provide property or other benefits to relevant personnel of the counterparty and other relevant personnel who can affect the transaction in order to obtain transaction opportunities for the purpose of excluding competitors. It is a form of bribery, but it is different from other forms of bribery.

1. The main manifestations of commercial bribery

The first is the payment or acceptance of cash bribes; the second is the payment or acceptance of various fees ( Promotional fees, sponsorship fees, advertising fees, labor fees, etc.), red envelopes, gifts and other bribery behaviors;

The third is giving or receiving securities (including bonds, stocks, etc.);

The fourth is giving or receiving in kind (including various high-end daily necessities, luxury consumer goods, handicrafts, collectibles, etc., as well as bulk commodities such as houses and vehicles);

The fifth is giving or receiving in other forms (such as Property interests such as debt relief, guarantees, free entertainment, travel, and inspections, as well as non-property interests such as education, honors, and special treatment);

Sixth, giving or receiving kickbacks;

Seventh, commissions given or received are not properly recorded in the accounts, and commercial bribery is carried out in the name of commissions.

1. The crime of commercial bribery involves the following eight crimes stipulated in the Criminal Law: (1) Bribery of non-state personnel (Article 163 of the Criminal Law); (2) Bribery of non-state personnel Crime (Article 164 of the Criminal Law); (3) Crime of accepting bribes (Article 385 of the Criminal Law); (4) Crime of accepting bribes by units (Article 387 of the Criminal Law); (5) Crime of offering bribes (Criminal Law Article 389); (6) Bribery to an entity (Criminal Law Article 391); (7) Introduction to bribery (Criminal Law Article 392); (8) Unit Bribery (Article 393 of the Criminal Law).

2. "Other units" as stipulated in Articles 163 and 164 of the Criminal Law include public institutions, social groups, villagers' committees, residents' committees, villagers' groups and other permanent units. Sexual organizations also include non-permanent organizations such as organizing committees, preparatory committees, and project contracting teams established to organize sports events, theatrical performances, or other legitimate activities.

3. "Staff of companies, enterprises or other units" as stipulated in Articles 163 and 164 of the Criminal Law include employees of state-owned companies, enterprises and other state-owned units. Non-state staff.

4. State staff in medical institutions, during the procurement activities of pharmaceutical products such as drugs, medical equipment, and medical hygiene materials, take advantage of their positions to ask for property from the seller, or illegally accept property from the seller , seeking benefits for the seller and constituting a crime, he will be convicted and punished for accepting bribes in accordance with the provisions of Article 385 of the Criminal Law.

If a non-state employee in a medical institution commits the acts mentioned in the preceding paragraph and the amount is relatively large, he shall be convicted and punished for the crime of accepting bribes as a non-state employee in accordance with the provisions of Article 163 of the Criminal Law.

Medical staff in medical institutions take advantage of their position as prescribers to illegally accept property from sellers of pharmaceutical products such as drugs, medical equipment, and medical hygiene materials under various names to seek benefits for the sellers of pharmaceutical products. If the amount is relatively large, in accordance with the provisions of Article 163 of the Criminal Law, the person who is a non-state employee shall be convicted and punished for the crime of accepting bribes.

5. State personnel in schools and other educational institutions, during the purchase of teaching materials, teaching aids, school uniforms or other items, take advantage of their positions to solicit property from sellers, or illegally accept sales If the seller's property is used to seek benefits for the seller, which constitutes a crime, he will be convicted and punished for the crime of accepting bribes in accordance with the provisions of Article 385 of the Criminal Law.

Non-state staff in schools and other educational institutions who commit the acts mentioned in the preceding paragraph and the amount is relatively large shall be convicted and punished for the crime of accepting bribes as non-state staff in accordance with the provisions of Article 163 of the Criminal Law. .

Teachers in schools and other educational institutions take advantage of their position in teaching activities to illegally accept property from sellers of teaching materials, teaching aids, school uniforms or other items in various names to provide teaching materials, teaching aids, school uniforms or other items. If the seller seeks benefits and the amount is relatively large, he will be convicted and punished for the crime of accepting bribes as a non-state employee in accordance with the provisions of Article 163 of the Criminal Law.

6. The members of the bid evaluation committee, the negotiation team in competitive negotiation procurement, and the inquiry team in inquiry procurement established in accordance with the law, during the bid evaluation or procurement activities on bidding, government procurement and other matters, Anyone who solicits other people's property or illegally accepts other people's property to seek benefits for others, and the amount is relatively large, will be convicted and punished for the crime of accepting bribes as a non-state employee in accordance with the provisions of Article 163 of the Criminal Law.

If representatives of state agencies or other state-owned units in the bid evaluation committee, the negotiation group in competitive negotiation procurement, or the inquiry group in inquiry procurement that are established in accordance with the law commit the acts mentioned in the preceding paragraph, they shall be punished in accordance with Article 38 of the Criminal Law. Article 15 provides for conviction and punishment for accepting bribes.

7. Property in commercial bribery includes both money and physical objects, as well as property benefits that can be calculated in monetary terms, such as providing house decoration, membership cards containing amounts, and token cards (vouchers). , travel expenses, etc. The specific amount is subject to the actual tariff paid.

8. When accepting bank cards, regardless of whether the bribe recipient actually withdraws or consumes the money, the full amount of the deposit in the card should generally be deemed as the bribe amount. If a bank card is used for overdraft, if the party giving the bank card is responsible for repayment, the overdraft amount shall also be deemed as the amount of bribery.

9. In the crime of bribery, "seeking improper benefits" means that the briber seeks benefits that violate laws, regulations, rules or policies, or requires the other party to violate laws, regulations, rules, policies, Industry regulations provide help or convenience.

10. When handling commercial bribery criminal cases, attention should be paid to distinguishing between bribery and gifts. Mainly, a comprehensive analysis and comprehensive judgment should be made based on the following factors: (1) The background of the financial exchange, such as whether the two parties have a relationship as relatives and friends and the circumstances and extent of historical exchanges; (2) The value of the transferred property; (3) The reasons for the transferred property , timing and method, whether the party providing the property has any professional entrustment to the recipient; (4) whether the recipient takes advantage of his position to seek benefits for the provider.

11. If a non-state functionary conspires with a state functionary to jointly accept property from others, constituting a crime of complicity, both parties shall be convicted and held criminally responsible separately based on the specific circumstances of taking advantage of their positions. :

(1) Anyone who takes advantage of the position of a state employee to seek benefits for others shall be held criminally responsible for the crime of accepting bribes.

(2) Anyone who takes advantage of the position of a non-state employee to seek benefits for others shall be held criminally responsible for the crime of accepting bribes as a non-state employee.

(3) Those who take advantage of their respective positions to seek benefits for others shall be held criminally responsible according to the nature of the principal offender's crime. If the principal and accomplice cannot be distinguished, they may be held criminally responsible for accepting bribes.