Comprehensive exercises and test questions on intellectual property law (1) 1. Single-choice questions 1. Intellectual property rights need to be granted or confirmed by the competent authority in accordance with the law, which is determined by ( ). (1) Exclusiveness of the subject (2) Immateriality of the object (3) Regional restriction (4) Timeliness of protection 2. Works not protected by copyright law are ( ). (1) Musical works (2) Dramatic works (3) Fine art works (4) All photographic works 3. Copyright is both a way of disseminating works and a way to realize the economic value of works ( ). (1) Production rights (2) Exhibition rights (3) Distribution rights (4) Broadcast rights 4. The acquisition of copyright in my country adopts the ( ) principle. (1) Automatic acquisition (2) Registered acquisition (3) Marked acquisition (4) Tangible object fixed acquisition 5. Performer's rights do not include ( ). (1) Indicate the identity of the performer (2) Protect the performance image from distortion (3) Allow others to broadcast from the live broadcast (4) Directly use other people’s works 6. The act of distorting or tampering with other people's works must have ( ) as its constituent elements. (1) Intention (2) Negligence (3) Intention or negligence (4) Deviation in understanding 7. When a teacher was studying in a certain university, after obtaining the test papers compiled by the professor of the university, he included the test papers in the "Review Guide" compiled by him and published the "Guide". For this reason, a certain teacher ( ). (1) No infringement, the test paper does not fall under the application of copyright law (2) No infringement, the test paper enters the public domain after the first test (3) Infringement, the test paper is the subject of protection (4) Whether it is an infringement, it depends on the specific situation 8. The term of copyright protection is the life of the author plus 50 years after death. (1) Film, television, and photographic works (2) Works of legal persons or unincorporated entities (3) Posthumous works that are seen by the public for the first time after the author’s death (4) Works of unknown authors 9. Li purchased a Hero brand pen, which contains a utility model patent. Li enjoys ( ) (1) the exclusive trademark rights of the pen (2) the ownership of the pen (3) the utility model of the pen Rights (4) The above three rights 10. The "Financial Star" management software developed by a software company is protected in my country on the basis of ( ) (1) "Patent Law of the People's Republic of China" (2) "Progress in Science and Technology of the People's Republic of China" Law" (3) "Trademark Law of the People's Republic of China" (4) "Copyright Law of the People's Republic of China" 11. Patent application documents for inventions or utility models do not include ( ). (1) Request (2) Description and abstract (3) Claims (4) Physical object 12. Preliminary examination of design patent application, excluding ( ). (1) Formal review (2) Substantive review (3) Legality review (4) Obvious defect review 13. In the licensing of patent rights, the highest royalties paid by the licensee are ( ). (1) Exclusive license (2) Exclusive license (3) General license (4) Sub-license14. Among the constituent elements of trademarks in my country, ( ) is not included. (1) Text (2) Letters (3) Graphics (4) Smell 15. my country's "Patent Law" stipulates that the validity period of an invention patent is ( ). (1) 5 years (2) 10 years (3) 15 years (4) 20 years 16. To apply for a registered trademark, you must have ( ). (1) Creativity (2) Practicality (3) Aesthetics (4) Significance 17. Hangzhou Wahaha Co., Ltd. has registered trademarks such as "Wahaha", "Wahaha", "Wahawa" and "Hahawa", which is beneficial to the protection of the "Wahaha" trademark.

These four trademarks constitute ( ) (1) defensive trademark (2) collective trademark (3) joint trademark (4) combination trademark 18. The trademarks that a tannery factory intends to use on its leather products are not in compliance with legal regulations: ( ) (1) Qianli brand (2) Jianghe brand (3) Sheepskin brand (4) Nice brand 19. A company applied for registration as a trademark for use on liquor without obtaining the permission of the copyright owner of the "Tiger" picture. The company's behavior fell into the following categories: (1) Imitation of other people's works as a trademark (2) Infringement of other people's rights Register a copyright (3) Register by forging a fictitious application (4) Register by using graphics prohibited by the Trademark Law 20. The world's first international copyright convention was ( ). (1) Paris Convention (2) Berne Convention (3) Geneva Convention (4) Intellectual Property Agreement 2. Multiple choice questions 1. The basic characteristics of intellectual property are ( ). (1) National authorization (2) Exclusiveness (3) Regionality (4) Timeliness 2. A derivative work refers to ( ) a work derived from an existing work. (1) Adaptation (2) Translation (3) Annotation (4) Arrangement 3. my country’s Copyright Law stipulates that the personal rights of copyright include (). (1) Right of signature (2) Right of publication (3) Right of modification (4) Right to protect the integrity of the work 4. The following subjects can use the works that have been published by others to spread them in corresponding ways without the permission of the copyright owner, but they must be in accordance with Provisions for payment of remuneration ( ) (1) Performers (2) Record producers and video producers (3) Radio and television stations (4) Newspaper and magazine publishers 5. A obtained a patent for a car fuel-saving device, and later B Improvements were made to the device and it was hoped that a patent would be obtained. In this case ( ). (1) B can apply for a license to enforce A’s patent (2) B can apply for a license to enforce A’s patent (3) A can apply for a license to enforce B’s patent (4) B must pay the patent license fee 6. Invalid trademark yes( ). (1) "Yinfen" battery (2) "Golden Flower" milk (3) "Bright" desk lamp (4) "Anti-theft" security door 7. The international treaty on trademark protection for the following options is ( ). (1) Paris Convention (2) Berne Convention (3) Rome Convention (4) Madrid Agreement 8. The following options are objects of intellectual property protection ( ). (1) Manufacturer’s name (2) Trade name (3) Name of origin (4) Technical secrets 9. Among the following options, the unfair competition behavior related to intellectual property rights is ( ). (1) Trademark counterfeiting (2) False propaganda (3) Monopolistic behavior (4) Infringement of trade secrets 10. The essential conditions for obtaining patents for inventions and utility models are (). (1) Novelty (2) Creativity (3) Aesthetics (4) Practicality 11. The types of patent licenses are ( ). (1) Exclusive license (2) Exclusive license (3) General license (4) Sub-license 12. The components of a trademark include ( ). (1) Text (2) Graphics (3) Three-dimensional logo (4) Color combination 13. According to the provisions of the Trademark Law, the following can be registered as trademarks ( ). (1) Spider brand ink (2) Hero brand pencil (3) Hop brand beer (4) Hongqi brand battery 14. The main commodities subject to compulsory registration in my country are ( ). (1) Food (2) Human drugs (3) Tobacco products (4) Automobiles 15. The basic principle of the Paris Convention is ( ). (1) Principle of national treatment (2) Principle of priority (3) Principle of independence (4) Principle of compulsory license 3. Case analysis question He is a famous young painter. When he held a personal exhibition in Japan, he attracted many Japanese audience. There was a work called "Falling Leaves" in the exhibition that was spotted by a Japanese businessman. The Japanese businessman wanted to buy the painting. He also agreed to sell the painting to the Japanese businessman after the exhibition. The two parties agreed on the price and prepared to sign a contract. However, He has questions about how the copyright of the painting will be handled after it is sold.

Analysis: 1. Assuming that He only plans to sell paintings, according to the provisions of my country's Copyright Law, what rights does the Japanese businessman get in the painting "Falling Leaves"? Why? 2. Assuming that He intends to transfer the copyright together with the sale of paintings, according to the provisions of my country's Copyright Law, can He transfer all the rights in the copyright to a Japanese businessman? Why?