1. A completed an identical invention one day earlier than B, but B filed a patent application one day earlier than A. If the invention meets the grant conditions, who should the patent be awarded to?
Answer: Awarded to B. Because our country has a first-to-file system, patent rights are granted to the first person to apply rather than the first person to invent.
2. A and B are located in different regions in the country, both produce and sell W products, and both use the M trademark. However, B applied for a registered trademark one day earlier than A. Who can get it?
< p>Answer: B obtains a registered trademark, and the trademark is awarded to the person who registered it first.3. The patentee pays an annual fee. Is the annual fee the same every year, or does it increase or decrease?
Answer: The annual fee increases every few years. The inventions are 900, 1200, 2000, 4000 and 8000 respectively. The new model and appearance are respectively 600, 900, 1200 and 2000.
4. Which of the following infringes the patent right? A bought B's patented product and then sold it to C, A made a lot of profits; B, A and B each completed the invention of the same product, and B obtained the patent through application, but A Later, he also began to produce and sell his own products.
Answer: B infringement. A's situation is one of exhaustion of patent rights. After A purchases B's patented products, B no longer enjoys the patent rights of the products it sells. B's situation involves manufacturing and selling patented products. Although he developed it himself, it falls within the scope of patent protection and therefore constitutes infringement. However, strictly speaking, if you want B in real life, you may also have the right of first use.
Which of the 5 following is applicable to copyright law protection? A.
Answer :A enjoys copyright. Article 5 of the "Copyright Law of the People's Republic of China" stipulates: "This law does not apply to: ① laws, regulations, resolutions, decisions, orders of state agencies and other documents of a legislative, administrative or judicial nature, and The official translation. A is not the official translation, so enjoy it. B is the program preview. The TV program preview is for the convenience of TV viewers and readers to make full and effective use of information to enrich cultural life. The plaintiff believes that. Extracting some weekly TV program previews in newspapers is an infringement and there is no reason.
6 The rights that performers enjoy for their performances are: A performance rights, B performer rights, and C portrait rights.
Answer: BPerformer’s right. APerformance right refers to the right that a copyright owner enjoys in accordance with the law to publicly perform his or her works. my country’s Copyright Law defines performance right as “the public performance of works, and the use of various The right to publicly broadcast the performance of a work by any means. "It is equivalent to the copyright owner's right of reproduction, distribution, adaptation, and translation as property rights in copyright. The performer's right is a right generated by the performer based on the performance of the work, which is generated after the performer obtains authorization from the author. Rights are rights derived from the author's performance rights. Therefore, relevant international conventions and most countries collectively refer to the rights of performers and publishers, audiovisual product producers and other disseminators of works as "neighboring rights", which are adjacent to copyright. my country's "Copyright Law" lists performers' rights in Chapter 4 as "rights related to copyright", which is different from copyright.
7 Intellectual property civil dispute cases are generally. Which level of court has jurisdiction?
Answer: Intellectual property dispute cases are under the jurisdiction of the intermediate people's court determined by the Supreme People's Court. 8 Civil lawsuits are filed for infringement of registered trademark rights. Which court has jurisdiction? A. The place where the trademark is registered. B. The place where the plaintiff is located. C. The place where the infringement is committed. Answer: C. It can also be the place where the defendant is domiciled (there is no such option). >9 Which of the following is a collective trademark? A. "Hisense" TV B. "Green Food" mark C. "Korla" fragrant pear
Answer: C. Korla fragrant pear
10. Infringement of registration. For acts that violate the exclusive right to use a trademark, how many times the amount of the illegal business revenue should the fine be?
Answer: Article 52 of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China" stipulates that infringement of the exclusive use of registered trademarks For illegal acts, the fine amount shall be less than three times the illegal business volume, and the fine amount shall be less than 100,000 yuan if the illegal business volume cannot be calculated.