(2006) 1. Which of the following situations establishes a civil legal relationship? A. A and B agreed to discuss joint development of real estate on a certain day. B. A said to B: If you are admitted to graduate school, I will marry you. C. A did not know that B was too drunk and tried his best to persuade him to drink, causing B to be hospitalized for alcohol poisoning. D. A went swimming in a certain reservoir at the invitation of colleague B and died of cramps and drowning. Answer and analysis: C. Analysis: Article 2 of the "General Principles of the Civil Law" stipulates that between citizens and legal persons who are equal subjects regulated by the People's Republic of China and the Civil Law property relations and personal relations between persons, citizens and legal persons. The property relations and personal relations between equal subjects regulated by the civil law can be collectively referred to as civil relations. Civil relations are a kind of social life relationship, but not all social life relations are the objects of adjustment by the civil law. Only those stipulated by the civil law are subject to the civil law. Adjusted, other social life relationships are adjusted by morals, habits, etc. Among them, item C. The tort damage compensation relationship caused by B's hospitalization for alcohol poisoning due to A's persuasion to drink is regulated by the civil law, so item C is correct. Although item A is related to the contract, it is only a negotiation and has not entered the contract conclusion stage; item BD belongs to the fields of love, friendship and other fields, and is not subject to adjustment by civil law. 2. A was declared dead by the court, and A’s father B, A’s wife C, and A’s son Ding divided his estate. After B died of illness, Ding inherited part of B's ??inheritance. After C and E remarried, they were killed in a car accident. Ding and E divided C's inheritance. Now A reappears and the court revokes the death declaration. Which of the following statements is correct? A. D should return all the property he inherited from A, B, and C to A. B. D should only return all the property he inherited from A and B to A. C. All the property E inherited from C Should be returned to A. D. D. and E should return to A the property inherited from C and C inherited from A. Answer and analysis: D. Article 25 of the "General Principles of Civil Law" stipulates that a person whose death declaration has been revoked has the right to request Return of property. Citizens or organizations that acquire his property in accordance with the inheritance law shall return the original property; if the original property does not exist, appropriate compensation shall be given. Therefore, in this question, the property of A inherited by D should be returned, and the property inherited by D and E from C should be returned to A because C inherited it from A. In addition, D’s property acquired by subrogation from B should be returned to A after A’s death declaration is revoked. Therefore, items A, B, and C are wrong, and item D is wrong. correct. 3. Which of the following statements about an enterprise's legal person bearing civil liability for the acts of its legal representative is correct? A. Only bear civil liability for its legal business activities B. Only bear civil liability for its business activities that comply with the legal person's articles of association C. Only bear civil liability for its business activities in the name of the legal person D. Only bear civil liability for its business operations that comply with legal person registration Answer and analysis of civil liability for business activities within the scope of business: C Article 43 of the General Principles of Civil Law stipulates that an enterprise legal person shall bear civil liability for the business activities of its legal representative and other staff. Article 50 of the Contract Law stipulates that if a contract is entered into by a legal representative or responsible person of a legal person or other organization who exceeds his or her authority, the representative act shall be valid unless the counterparty knows or should know that he or she has exceeded his or her authority. Therefore, as long as the legal representative of an enterprise engages in business activities in the name of a legal person, even if it exceeds the provisions of the legal person's articles of association, as long as the third party is in good faith, the legal representative of the enterprise should still be held responsible for the ultra vires acts of its legal representative. So C is correct. In item A, the corporate legal person shall also bear responsibility for the illegal business activities of its legal representative. In item B, since the legal person's articles of association are internal regulations and are not sufficient to fight against a third party who does not understand the provisions of the articles of association, if the legal representative's business behavior exceeds the scope of the articles of association, if it cannot be proved that the third party knew it, he will still have to bear civil liability. responsibility. Item D is wrong. Business activities beyond the registered business scope of a legal person are valid only if they do not violate mandatory provisions of the law. 4. A owed C 800 yuan and was unable to repay it when it was due. B repaid the money for A and said to A: "The 800 yuan will be given to you." A said that he will definitely pay it back in the future. Afterwards, A repaid B 500 yuan. The two later turned against each other, and B asked A to repay the remaining balance of 300 yuan, while A demanded that B return 500 yuan on the grounds that B had given him 800 yuan.

Which of the following statements is correct? A. A should repay another 300 yuan B. B should return 500 yuan C. B does not need to return 500 yuan to A, and A does not need to repay B 300 yuan D. B should return 500 yuan to A and bank deposit interest for the same period Test points: This question involves gifts Answers and analysis of contract questions: After A and B repay the money for A, C's claim against A is transferred to B, and B's statement of "these 800 yuan will be given to you" is an expression of gift, but the gift is a contractual act. The donee's consent is required to be legally effective. A's statement that he "will definitely give it back" in the future is actually a denial of B's ??intention to donate. Therefore, the gift contract was not established. After B repays the money on behalf of A, he becomes a party to the loan contract. Therefore, A's repayment of 500 yuan is valid. B does not need to return it, and A needs to repay another 300 yuan. In addition, according to Article 211 of the Contract Law, failure to agree on interest is deemed to be non-payment of interest. Therefore, B does not have to refund the bank deposit interest rate for the same period, so item A is correct. 5. Company A sells fitness equipment and stipulates that the selling price of each unit is 2,000 yuan, and the salesperson will withdraw a bonus of 5% of the contract price. When negotiating with Company B, salesman Wang proposed that the contract pricing should be in accordance with the company's regulations, but he would subsidize Company B at 50 yuan per unit. Company B agreed, signed an order contract with Wang, and recorded the subsidy received. How should Wang’s behavior be characterized? A. It is an agent without authority B. It is an abuse of agency C. It is unfair competition D. It is a legal act Answer and analysis: D. Article 8 of the "Anti-Unfair Competition Law" stipulates that operators shall not use property or other means to conduct Bribery to sell or buy goods. Those who secretly give kickbacks to other units or individuals outside the accounts shall be punished as bribes; those who secretly accept kickbacks from the other units or individuals outside the accounts shall be punished as accepting bribes. When an operator sells or purchases goods, he or she may give discounts to the other party in an explicit manner and may pay commission to the intermediary. If an operator gives discounts to other parties or commissions to intermediaries, they must be truthfully recorded in the accounts. Operators who accept discounts and commissions must truthfully record them in their accounts. In this question, Wang signed an ordering contract with the other party based on the contract price specified by the company, and the amount of his subsidy did not exceed the bonus commission he could receive. The subsidy has been accounted for, so it does not constitute unfair competition. So choice D is correct. 6. On April 1, 2001, Fan borrowed 20,000 yuan from Cao, and the two parties did not agree on the repayment period. On March 22, 2003, Cao notified Fan to repay the loan and gave him 10 days to prepare. Which of the following statements is correct? A. If Cao files a lawsuit on or after April 2, 2003, the court should rule not to accept it. B. If Cao files a lawsuit on or after March 22, 2005, the court should rule to reject his claim. C. If If Cao files a lawsuit on or after April 2, 2005, the court should rule to dismiss his lawsuit. D. If Cao files a lawsuit on or after April 2, 2005, the court should rule to reject his lawsuit. Answer and analysis: D According to Article 206 of the "Contract Law" and Article 121 of the "Mintong Opinions" stipulate that if the parties to the loan contract have not agreed on a repayment period, the borrower may repay at any time, and the lender may also urge the borrower to repay within a reasonable period of time. In this question, Cao notified Fan to repay the loan and designated 10 days as the repayment period. If Fan fails to repay the loan by April 2, 2003, the statute of limitations will begin to run. That is, if Cao sues on April 2, 2005 or thereafter, the statute of limitations will expire. Article 153 of the Civil Litigation Opinions stipulates that if a party files a lawsuit beyond the statute of limitations, the People's Court shall accept the case. If it is found after acceptance that there are no reasons for suspension, interruption or extension, the judgment shall be made to reject the claim. Therefore choice D is correct. 7. A and B *** jointly inherit two bungalows, and A has always lived in them. Without B's consent, A built a room on the right wall of the house, registered the three houses in his name, and soon sold them all to C. Which of the following statements is correct? A. A and B are the owners who inherit the house by share. B. The built-up house should belong to A. C. The added-on house should belong to A and B. D. B has the right to request C to return the purchased property. Three houses Answer: B Analysis: The houses inherited by A and B belong to their *** and *** before the inheritance is divided, so item A is wrong.

The house built by A is connected to the right wall of the house and is independent of the houses owned by A and B. A originally obtained the ownership of the house he built, so item B is correct and item C is wrong. of. Article 89 of the "Mintong Opinions" stipulates that *** and *** have the same rights to ***'s property and bear the same obligations. During the period of the relationship between *** and ***, if some *** persons dispose of ***'s property without authorization, this will generally be deemed invalid. However, if a third party acquires the property in good faith and for compensation, the third party's legitimate rights and interests shall be protected. The person who disposes of the property without authorization shall compensate for the losses suffered by other third parties. A has the right to dispose of the house he built and has no right to dispose of the house he owns together with B***. However, since A is the registered owner of the three houses and C acts in good faith, according to the public announcement According to the principle of public trust, C has obtained the ownership of three houses, and B has no right to demand the return, so item D is wrong. 8. Fang borrowed 10,000 yuan from Sun, and Sun asked him to provide a guarantee. Fang said: "I have a laptop that was rented by Liu. Let's use it as a pledge, but the rent is not pledged." Sun agreed and paid. Which of the following statements is correct? A. The pledge contract will take effect when Sun actually takes possession of the computer. B. If Liu agrees in writing, the pledge contract will take effect. C. If Liu receives a written notice about the pledge, the pledge contract will take effect. D. If the pledge contract takes effect, Sun A certain person has the right to collect computer rentals. Answer: C (This question has no suitable answer after the promulgation of the Property Law) Analysis: This question is obviously an issue of examining the regulation of the validity of the pledge contract by relevant laws before the promulgation of the Property Law. According to Article 64 of the "Security Law": "The pledgor and the pledgee shall enter into a pledge contract in writing." Article 88 of the "Interpretation of the Guarantee Law" provides: "The pledgor shall make a pledge of property indirectly owned by the pledger." If a pledge is made, the pledge contract shall be deemed to be handed over when the written notice is delivered to the possessor. If the possessor still accepts the pledgor's instructions to dispose of the pledged property, the act shall be invalid because Liu receives the notice. The written notification of support indicates that the party has completed the delivery of the pledge, and this delivery is in the form of instructed delivery. Accordingly, option C is the correct answer that meets the meaning of the question. However, my country's Property Rights Law has made important changes to the Security Law on the issue of the validity of the pledge contract. The "Guarantee Law" and the "Interpretation of the Guarantee Law" confuse the effective requirements for property rights and creditor's rights. The transfer and possession of the pledged property should be regarded as the effective requirements for the pledge, rather than the effective requirements for the pledge contract. The requirements for the effectiveness of a contract are based on the provisions of Article 15 of the Property Law: “When the parties enter into a contract regarding the establishment, modification, transfer and elimination of real property rights, unless otherwise provided by law or otherwise agreed in the contract, the contract shall be effective from the time the contract is established. Failure to register the property rights will not affect the validity of the contract. "It can be seen that the requirements for the validity of the pledge and the requirements for the validity of the pledge contract are two completely different concepts. Therefore, in this question, the pledge contract takes effect from the time it is established. The condition in option C, "Liu receives a written notice of the pledge," should be a requirement for the establishment of the pledge right, not a requirement for the contract to take effect. Since the pledge contract stipulates that the rent will not be used as pledge, so if the contract comes into effect, Sun will not have the right to extract the computer rent. Therefore item D is wrong. It can be seen that after the promulgation of the Property Law, there is no suitable answer to this question. 9. On May 10, A used his own house as a mortgage for creditor B and went through the mortgage registration process. On June 10, A used the house as a mortgage for creditor C, but has always refused to register the mortgage. On September 10, A transferred the house to D without authorization and went through the transfer registration. Which of the following statements is incorrect? A. B can exercise mortgage rights over the house B. The mortgage contract between A and C has taken effect C. The contract for transferring the house between A and D is invalid D. C can ask A to compensate for the losses he has suffered Answer: C ( According to the "Property Rights Law", the correct answer to this question should be C) Analysis: In this question, we must first emphasize a major modification of the "Property Rights Law" to the "Security Law". Article 41 of the "Security Law" stipulates: "If the party mortgages the property specified in Article 42 of this Law, it shall register the mortgage, and the mortgage contract shall take effect from the date of registration." This provision confuses property rights and creditor's rights. As for the effective requirements of the behavior, the registration of mortgage for a specific property should be the effective requirement of the mortgage right, not the effective requirement of the mortgage contract.

The requirements for the validity of a contract are based on the provisions of Article 15 of the Property Law: “Any agreement between the parties regarding the establishment, modification, transfer and elimination of real property rights and their ability to do so, unless otherwise stipulated by law or otherwise agreed in the contract, It shall take effect when the contract is established; failure to register the property rights will not affect the validity of the contract.” It can be seen that the requirements for the validity of the mortgage right and the requirements for the validity of the mortgage contract are completely different concepts. Article 187 of the Property Law stipulates: “If the property specified in the first to third items of paragraph 1 of Article 180 of this Law or the building under construction specified in item 5 of Article 180 of this Law is mortgaged, the mortgage registration shall be completed. The mortgage right is established at the time of registration. "Article 188 of the Property Law stipulates: "The property specified in Item 4 and Item 6 of Paragraph 1 of Article 180 of this Law or the ship under construction specified in Item 5 of this Law. If an aircraft is mortgaged, the mortgage right shall be established when the mortgage contract takes effect; if it is not registered, it shall not be used against a bona fide third party. "Article 189 of the Property Law stipulates: "Enterprises, individual industrial and commercial households, and agricultural producers and operators shall take the first step in this law. In case of mortgage of chattels as stipulated in Article 181, the mortgage right shall be registered with the industrial and commercial administrative department of the place where the mortgagor is domiciled. Article 181: A mortgage shall not be opposed to a buyer who has paid a reasonable price and obtained the mortgaged property in normal business activities. "For special properties, that is, buildings and other land attachments, construction land use rights, etc. If the contract management rights of wasteland and other land obtained through bidding, auction, public negotiation, etc., and the buildings under construction are mortgaged, the registration of the mortgage is an essential requirement for the establishment of the mortgage right, not the establishment of the mortgage contract. For general property, that is, production equipment, raw materials, semi-finished products, products, ships, aircraft, and transportation vehicles under construction, enterprises, individual industrial and commercial households, and agricultural producers and operators can transfer existing and future production equipment. , raw materials, semi-finished products, and products are mortgaged, the registration of the mortgage is neither a requirement for the mortgage contract to be effective nor a requirement for the mortgage right to be effective. It is only effective against a bona fide third party. At this time, the mortgage right is established since the mortgage contract takes effect. . At that time, according to the provisions of Article 41 of the "Security Law", registration of the mortgage was a prerequisite for the validity of the mortgage contract. Since A and C did not register the mortgage, the mortgage contract between them did not take effect. Therefore, option B is wrong. , became the official standard answer at that time. Now we will examine this topic again based on the relevant theories of the Property Law. In this question, the house obviously belongs to the special property we analyzed above, and the registration of the mortgage is a requirement for the validity of its mortgage rights, not for the validity of the contract. Therefore, B has the right to mortgage the house, while C does not have the right to mortgage the house, but the mortgage contract between A and C has been established and effective. So item A is correct and item B is also correct. The contract between A and C has come into effect, but because A refused to register the mortgage, C did not obtain the mortgage right. Therefore, C can claim damages from A in accordance with the contract, so item D is correct. Article 191 of the Property Law stipulates: “During the mortgage period, if the mortgagor transfers the mortgaged property with the consent of the mortgagee, he shall pay the proceeds from the transfer to the mortgagee to pay off the debt in advance or make a deposit. The portion of the transfer price that exceeds the amount of the creditor’s rights shall belong to the mortgagee It is owned by the obligee, and the shortfall shall be paid off by the debtor. During the mortgage period, the mortgagor may not transfer the mortgaged property without the consent of the mortgagee, except where the transferee pays off the debt on his behalf to eliminate the mortgage right. "It can be seen that during the mortgage period, the mortgagor has not transferred the mortgaged property without the consent of the mortgagee. The mortgagee's agreement to transfer the mortgaged property does not automatically invalidate the transfer, so option C is wrong. 10. A and B signed a goods sales contract and agreed that A would handle the consignment. A then signs a transportation contract with C, which states that B is the consignee. During transportation, a traffic accident occurred due to the gross negligence of driver D of C, causing damage to the goods and making it impossible to deliver to B as agreed. Which of the following statements is correct? A. B has the right to request A to bear liability for breach of contract B. B shall demand compensation from C for losses C. B has not yet obtained ownership of the goods D. D shall be liable to A Answer and analysis: A Article 121 of the "Contract Law" stipulates that one party shall If a breach of contract is caused by a third party, the party shall be liable for the breach of contract. Disputes between one party and a third party shall be settled in accordance with legal provisions or agreement. A's failure to perform its obligations to B is due to C's reasons, but A should still bear liability for breach of contract.

There is no direct legal relationship between B and C. Based on the relative nature of the contract, B cannot require C to bear compensation liability. After A assumes liability for breach of contract to B, it can claim compensation from C. Since D is a staff member of C, D will not be liable to A, but A should directly claim compensation from C. In addition, the ownership of the subject matter is transferred when the goods are delivered. In the case of consignment, the delivery of the goods to the carrier is deemed to be delivery, so B has obtained the ownership of the goods. To sum up, the correct option for this question is A. 11. A forgot to bring his house key. Neighbor B suggested that A climb from his balcony to A's house and provide a rope in case of emergency. C and D were present to help fix the rope. A's rope broke while climbing, and he fell from the third floor to the ground and was seriously injured. The parties failed to reach an agreement on compensation, so A filed a lawsuit in court. Which of the following statements is correct? A. The court can make B bear part of the liability at its discretion. B. The consequences of the damage should be borne by A himself. C. B should bear the main responsibility, and C and D should bear the supplementary liability. D. B, C and D should bear joint liability. Answer and Analysis: A Article 132 of the General Principles of Civil Law stipulates that if the parties are not at fault for causing the damage, the parties may share civil liability based on the actual situation. In this question, B, C, and D are not at fault for A's damage, but A followed B's suggestion and the rope used was also provided by B. Therefore, B can be allowed to bear part of the liability for compensation as appropriate. 12. A fire broke out at Chen’s home while he was away. His neighbor’s 10-year-old daughter, Liu, called her neighbor to put out the fire and took her own clothes to help put out the fire. During the fire-fighting process, Liu suffered burns on his hands, which cost him 200 yuan in medical expenses and 100 yuan in lost clothing. Which of the following statements is correct? A. Chen should pay Liu 100 yuan B. Chen should pay Liu 200 yuan C. Chen should pay Liu 300 yuan D. Chen does not need to compensate Liu Answer and analysis: C Article 93 of the General Principles of the Civil Law It stipulates that if there is no legal or agreed obligation, if management or services are provided to avoid losses to the interests of others, the beneficiary has the right to require the beneficiary to pay the necessary expenses incurred thereby. That is, there is no legal or agreed obligation, and management or services are provided to avoid losses to the interests of others, which constitutes management without cause. Management without cause is a factual act and does not require the administrator to have civil capacity, as long as the administrator has cognitive ability. Therefore, the behavior of Liu in the question constitutes management without cause, and he has the right to require the beneficiary Chen to repay the necessary expenses he paid for the management behavior. Article 132 of the "Civil Opinions" stipulates that the administrator or service provider specified in Article 93 of the General Principles of the Civil Law may require the beneficiary to pay necessary expenses, including expenses directly incurred in management or service activities, as well as expenses incurred in the activity. actual losses suffered. The 200 yuan in medical expenses incurred by Liu for burning his hands due to fire fighting and the 100 yuan for lost clothing are both necessary expenses, and Chen should pay them in accordance with the law, so option C is correct. 13. A former director, two former deputy directors and a cadre of a city's Land and Resources Bureau were found guilty of corruption in the final trial. Xue published a report in the local evening newspaper titled "The Municipal Land and Resources Bureau has become the Corruption Bureau", which contained the main criminal facts of the four persons mentioned above that have been found out by the court. The land bureau, a deputy director who was not involved in the case, and the former director who was sentenced to probation all sued Xue on the grounds that his reputation had been infringed, demanding compensation for mental damage. Which of the following statements is correct? A. The claims of the three plaintiffs can all be established. B. The claims of the Bureau of Land and Resources are established, but the claims of the deputy director and the former director cannot be established. C. The claims of the Bureau of Land and Resources and the deputy director are established, but the claims of the former director cannot be established. D. None of the three plaintiffs’ litigation claims are valid. Answer and analysis: D. If the reputational rights of citizens or legal persons are harmed, the infringer can be required to bear tort liability. For natural persons, their reputation rights are infringed. If mental damage is caused, you can claim compensation for mental damage. A legal person, on the other hand, has no mental damage, so if his reputation is infringed upon, he cannot claim compensation for mental damage. Article 101 of my country’s General Principles of Civil Law stipulates: “Citizens and legal persons enjoy the right to reputation, and the personal dignity of citizens is protected by law. It is prohibited to damage the reputation of citizens and legal persons by means of insult, slander, etc.” Xue published an article in the local evening newspaper The content of the report is the facts of tooth decay crimes ascertained by the court. This behavior is a normal exercise of citizens’ right to freedom of speech and does not constitute insult or slander, so it does not constitute an infringement of reputation rights. There is something inappropriate in setting the title as: "The Municipal Land and Resources Bureau has become evidence of corruption." The Municipal Land and Resources Bureau can ask it to change the title or apologize and eliminate the impact, but it does not have the right to request compensation for mental damage.

Therefore, all three options ABC are wrong, and option D “None of the three plaintiffs’ claims can be established” is correct. 14. A was dining in a hotel, and his neighbors B and C got into an argument over drinking, and then started fighting. The hotel security guard saw this but did not stop it. B picked up a wine bottle and threw it at C. C dodged, and A was hit on the head. Who should bear A's medical expenses? A. B is borne by B, but the hotel has no liability B. B is borne by the hotel, but the hotel can recover compensation from B C. B is borne by B, and the hotel bears supplementary liability D. B and the hotel bear joint liability Answer and analysis: C. B throws Injuring one's armor with a wine bottle is an act that infringes on the bodily rights of others. The hotel has the obligation to ensure the safety of guests dining in the hotel. The security guard saw the man B and C fighting and did not stop him. As a result, B threw a bottle and injured someone. Therefore, the hotel should bear the responsibility for inaction. Item A is wrong because it ignores the hotel's responsibility; Item B treats the hotel as the first liability bearer and it is wrong to think that the hotel can recover compensation from B after assuming the responsibility; Item C treats B as the first liability person, and the hotel fails to fulfill its obligations When it comes to the obligation to protect, it is correct to assume supplementary liability when B is unable to bear the responsibility. In item D, it is incorrect to regard B and the hotel as co-infringers, because B and the hotel have no intention of cooperating with the infringement, and it is wrong to make them jointly and severally liable. 15. The title of a magazine is novel in design, has a unique meaning, and has generated a wide and good social reputation. I would like to consult a lawyer about what legal protection the name can obtain. Regarding this question, which of the following answers from the lawyer is in compliance with the law and can best protect the interests of the client? A. Copyright law, trademark law, anti-unfair competition law B. Copyright law, trademark law C. Copyright law, anti-unfair competition law D. Trademark law, anti-unfair competition law Answer and analysis: A my country’s Copyright Law Article 2 stipulates: "The works of Chinese citizens, legal persons or other organizations, whether published or not, enjoy copyright in accordance with this law." Article 8 of my country's Trademark Law stipulates: "Any product that can be combined with the goods of a natural person, legal person or other organization Visible signs that distinguish other people's products, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as the rules and regulations required above, can be applied for registration as trademarks. "Article 1 of my country's Anti-Unfair Competition Law. According to the provisions of Article 5, operators shall not use the following unfair means to engage in market transactions and harm competitors: (1) Counterfeiting other people’s registered trademarks; (2) Using the unique name, packaging, and decoration of well-known products without authorization, or using names, packaging, and decoration that are unique to well-known products, or using products similar to those of well-known products. Similar names, packaging, and decorations cause confusion with other people's well-known goods, causing buyers to mistake them for the well-known goods; (3) Using other people's business names or names without authorization, causing people to mistake them for other people's goods; (4) ) Forging or falsely using quality marks such as certification marks and famous quality marks on goods, forging the place of origin, and making misleading and false representations of the quality of goods. According to the above legal provisions, the name of a magazine's journal is a work and can be protected by copyright law; it can register its name as a trademark of the magazine, and it can be protected by trademark law; the name of a magazine is a unique name. If someone else If a magazine engages in unfair competition through counterfeiting, it can be protected by the Unfair Competition Law. Therefore, choice A for this question is correct. 16. Company A entrusted Company B to develop a technical secret for concentrated tea juice, but the rights to use the results, the right to transfer them, and the method of profit distribution were not agreed upon. Company A paid the research and development expenses as agreed. After Company B develops the technical secrets within the agreed time, it transfers them to Company C before delivering them to Company A. Which of the following statements is correct? A. The right to use the technological secret achievements can only belong to Company A. B. The transfer right of the technological secret achievements can only belong to Company B. C. Both Company A and Company B have the right to use and transfer the technological secret achievements. D. B Test points on the invalidity of the transfer contract between the company and Company C: This question is about the entrusted development of technological achievements and their right to use and transfer. Answer and analysis: C Article 341 of the Contract Law stipulates that the right to use, the right to transfer, and the distribution of benefits of technical secrets developed through entrustment or joint development shall be agreed upon by the parties. If there is no agreement or the agreement is unclear, and it still cannot be determined in accordance with the provisions of Article 61 of this Law, the parties have the right to use and transfer it, but the research and development developer entrusted with the development shall not transfer the research and development results to the entruster before delivering them. Transfer of research and development results to a third party.

Accordingly option C is correct. Regarding item D, because Company C is a bona fide third party and out of the protection of the bona fide third party, the transfer contract between Company B and Company C is valid, but B should compensate A for the resulting losses. 17. Li, a master of traditional Chinese painting, wanted to record his legendary life, so he asked writer Wang to write the story and his assistant Zhang to sort out the materials. Wang completed the autobiographical novel "My Artistic Life" based on Li's life experience. Li paid 50,000 yuan to Wang, but did not agree on the ownership of the copyright. Who should own the copyright of this novel? A. Owned by Wang B. Owned by Li C. Owned by Wang and Zhang *** D. Owned by Wang, Zhang and Li *** Answer and analysis: B "The Supreme Article 14 of the Interpretation of the People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases stipulates that for autobiographical works completed based on the experiences of specific people agreed by the parties, if the parties have an agreement on the ownership of the copyright, the agreement shall prevail; if there is no agreement, the agreement shall prevail. , the copyright belongs to the specific person. If the writer or organizer has contributed to the completion of the work, the copyright owner may pay him appropriate remuneration. According to the law, it can be concluded that B is the correct option. 18. TV Station A won the right to broadcast live the match between Team A and Team B in the 2006 World Cup in Germany. TV station B rebroadcasts the live match broadcast by TV station A without permission, TV station C records the live match broadcast by TV station B on an audio-visual carrier without permission for future broadcast, and Ding copies the program recorded by TV station C without permission One copy for his son to watch. Which of the following statements is correct? A. TV station B infringed on the performers' rights of teams A and B. B. TV station A had the right to prohibit TV station B's broadcast behavior. C. TV station C's recording did not infringe on TV station A's rights. D. D's behavior infringed on TV station A's rights. Answer and analysis of the right of reproduction: B Article 44 of the Copyright Law stipulates that radio stations and television stations have the right to prohibit the following acts without their permission: (1) Radio or television rebroadcasting of their broadcasts; (2) Broadcasting of their broadcasts Radio and television recordings on audio and video carriers and reproduction of audio and video carriers. The protection period of the rights stipulated in the preceding paragraph is fifty years, ending on December 31 of the fiftieth year after the first broadcast of the radio or television. So item B is correct and item C is wrong. In addition, according to Article 36 of the Copyright Law, performers (actors, performance units) who use other people’s works for performances must obtain permission from the copyright owner and pay remuneration. The performance organizer organizes the performance, obtains permission from the copyright holder, and pays remuneration. Performer refers to actors and performance units, so item A is incorrect. Ding's behavior is a fair use "for personal appreciation" stipulated in Article 22 of the Copyright Law and does not constitute infringement. 19. Company A has developed a patented technology for automobile braking devices, and entrusts Company B to produce special parts for the braking devices. Company B sold this type of parts to Company C without authorization during the production process, causing Company C to quickly develop the same type of brake device and put it into production. Which of the following statements is incorrect? A. Company B’s behavior constitutes a breach of contract B. Company C infringes Company A’s patent rights C. In the patent infringement lawsuit filed by Company A, Company C should be the defendant and Company B should be listed as the third party D. The case It can only be under the jurisdiction of a specific intermediate people's court. Answer and analysis: C Article 60 of the "Contract Law" stipulates that the parties shall fully perform their obligations as agreed. The parties shall abide by the principle of good faith and perform notification, assistance, confidentiality and other obligations in accordance with the nature, purpose and transaction habits of the contract. Therefore, Company B's act of selling parts to Company C without authorization during the production process violated its confidentiality obligations and constituted a breach of contract. Therefore, item A is correct. Company C put its patent into production without Company A's consent, which also infringed Company A's patent rights, so item B is correct. Article 2 of the "Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases" stipulates that the first instance of patent dispute cases shall be decided by the Intermediate People's Court where the people's government of each province, autonomous region, or municipality directly under the Central Government is located and the Intermediate People's Court designated by the Supreme People's Court. jurisdiction. So option D is correct. As for item C, if Company A files a patent infringement lawsuit against Company C, B cannot be the third party because Company B and Company C have the same infringement behavior and should be listed as the same defendants. Therefore option C is incorrect.

20. Company A registered the "Lele" trademark for the yogurt it produced in March 2000. After long-term use, the trademark enjoys a high reputation among the public. In August 2004, Company B, which sells milk in the same area, registered "Lele" as a trade name and prominently used it in publicity, which could easily lead to misunderstanding by the public. Which of the following statements is correct? A. Company B’s behavior must actually cause consumers to misunderstand before it infringes Company A’s trademark rights. B. Even if “Lele” is not a well-known trademark, Company B’s behavior also infringes Company A’s trademark rights. C. Company A can Directly file a lawsuit with the court to cancel the registration of the trade name. D. Company B's trade name has been legally registered and should be protected by law. Answer and analysis: B According to Article 52 of the Trademark Law, any one of the following acts is an infringement of a registered trademark Exclusive rights: (1) Without trademark