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Intellectual Property Law Examination Question 3

This test paper is divided into two parts, the first part is multiple choice questions, the second part is non-choice questions; multiple choice questions are 40 points, and non-choice questions are 60 points , full score is 100 points; exam time is 150 minutes.

Part One Multiple-choice Questions

1. Single-choice questions (this major question has 30 sub-questions, each sub-question is worth 1 point, ***30 points. In each sub-question Among the 4 options listed, only one option meets the requirements of the question. Please fill in the letters before the correct option in the brackets after the question)

1. A completed the factory logo designed by B, but the two parties did not agree on the ownership of its copyright. Therefore, the copyright of the factory logo should belong to

A. B; B, the competent authority of B; C, A; D, A and B.

2． Painter A sells his famous painting to B for 20,000 yuan. B thus obtains

A. The original ownership of the painting and the right to exhibit the original;

B. Moral rights arising from the painting;

C. The copyright property rights arising from the painting;

D. Original ownership and copyright of the painting.

3． A has adapted B's novel into a television script with B's permission. What A obtains from B is

A. Neighboring rights; B. Compilation rights; C. Translation rights; D. Adaptation rights.

4． Zhang independently created an academic paper. In accordance with the provisions of my country’s Copyright Law

A. Zhang can only enjoy copyright after his paper is published;

B. Zhang’s paper can enjoy copyright regardless of whether it is published;

C. Zhang's paper must be registered before he can enjoy copyright;

D. Zhang's paper must be marked with a copyright mark before it can enjoy copyright.

5． Wang's novel "Eastern Star" was first published in 1997, and Wang died the following year. The copyright property rights arising from the work will terminate at

A. June 1, 2047;

B. June 2, 2047;

C. December 31, 2047;

D. December 31, 2048.

6． The director of the film enjoys the rights according to law

A. Right of publication; B. Right of signature; C. Right of adaptation; D. Right of broadcast.

7. The term of exclusive publishing rights in a book publishing contract shall not exceed

A. 5 years; B. 10 years; C. 20 years; D. 50 years.

8． In order to write his doctoral thesis, A made copies of several papers in the library. A’s behavior is

A. Infringement use; B. Legally permitted use;

B. Compulsory license use; D. Fair use.

9. A publishes B's article in a journal in his own name without authorization. A’s behavior violated

A. The copyright of the journal; B. The copyright of B;

C. The exclusive publishing rights of the journal; D, B and the copyright of the journal.

10. If A changes the title of B's ??work without authorization and publishes it in his own name, then

A. A’s behavior is the same creative act as B’s ***;

B. A’s act is a fair use of B’s work;

C. A constitutes plagiarism of B’s work;

D. A’s work is a coincidence with B’s work.

11. One year after being laid off, employee B of Company A made an invention W related to his job at the original unit. At the same time, Company A also completed the same invention W. Do you think B’s invention W is

A. Service invention; B. Non-service invention;

C. Collaborative invention; D. Commissioned invention.

12． Company A assigns its researchers B and C to jointly research and develop a technology. After the technology was developed, Company A decided to apply for a patent from the Chinese Patent Office for this technology.

When filling in patent application documents, the "inventor" column should be filled in

A. The name of company A; the name of B, B or C;

C. The name of company A and the names of B and C; D. The names of B and C.

13. On March 5, 1993, Zhou filed a patent application with the U.S. Patent and Trademark Office for his invention M; and later on February 3, 1994, he filed a patent application with the China Patent Office for the same invention M. File a patent application. According to the principle of international priority, when the Chinese Patent Office examines its novelty and inventiveness, the filing date refers to

A. February 3, 1994; B. January 1, 1994;

C. March 5, 1993; D. March 5, 1994.

14． Eight months after the announcement of the patent grant, the invention patentee Wang discovered that the patented products manufactured and sold by Company A were identical to his invention patent, so he filed a lawsuit in court, accusing Company A of infringement. At this time, the measures that Company A can take are

A. Request the Patent Office to revoke Wang’s patent rights;

B. Request the Patent Office to declare Wang’s patent right invalid;

C. Request the Patent Reexamination Board to revoke Wang’s patent rights;

D. Request the Patent Reexamination Board to declare Wang’s patent rights invalid.

15. If the patentee wants to give up his patent rights, according to the provisions of my country's patent law, the patentee can

A. A declaration of relinquishment of patent rights shall be registered and announced by the Patent Office;

B. A written statement of relinquishment of patent rights shall be registered and announced by the Patent Office;

C. An oral statement of relinquishment of patent rights shall be registered and announced by the Patent Office;

D. A written statement of relinquishment of patent rights shall be approved and announced by the Patent Office.

16. In a patent license contract, licensee A has the right to exploit the patent within the time and geographical scope stipulated in the contract and in the manner of use stipulated in the contract. At the same time, licensee B, as the licensor, can not only exploit the patent himself, but also Sublicense to a third party for implementation. The license is

A. Exclusive license; B. Exclusive license;

C. General license; D. Sub-license.

17. One of Li's invention patent rights was terminated due to the expiration of the protection period. After that, Li still marked the patent mark and original patent number on the products he manufactured and sold. Li’s behavior is

A. Infringement of patent rights; B. Counterfeiting of patents;

C. Counterfeiting patents; D. Legal use of patents.

18. Chinese citizen A transfers a patent right to Japanese citizen B. According to the provisions of my country's patent law, the transfer of Jiahe must be approved by the corresponding agency. The organization is

A. State Council; B. Relevant competent departments of the State Council;

D. The provincial government where A is located; D. The unit where A is located.

19. A Chinese fast food restaurant designed a logo based on its services and features. This emblem is a kind of

A. Certification mark; B. Sales trademark;

C. Service mark; D. collective mark.

20. Factory A has been using the "Red Lantern" trademark on the drinking utensils it produces since 1995, and filed an application for registration of the trademark with the Trademark Office in August 1997. Factory B applied to the Trademark Office to register the "Red Lantern" trademark for its drinkingware products as early as June 1997. The "Red Lantern" trademark should belong to

A. A; B, B;

C. A and B; D. The party determined by A and B through negotiation.

21. Hongchang Furniture Factory has designed the following product trademarks. The ones that do not comply with the relevant provisions of the Trademark Law are

A. "Hongchang"; B. "Changbai Mountain";

C. Olympic five-ring graphics; D. "Happiness".

22． Company A has recently registered a trademark, and if B believes that the trademark violates the trademark prohibition provisions stipulated in the Trademark Law, he may request the relevant authorities to cancel Company A's registered trademark. This organization is

A. Trademark Office; B. Trademark Review and Adjudication Board;

C. Local industrial and commercial administration department; D. People's Court.

23. A licenses B to use registered trademark A. Regarding the quality of goods used by B using A’s trademark, the rights and obligations of both parties should be

A. Neither A nor B is responsible; B. A and B are jointly and severally liable;

C. A supervises and B guarantees; D. A and B are responsible for compensation.

24. A certain agricultural trading company wanted to transfer several registered trademarks it owned to others due to a change of business. The agricultural and trading company can freely transfer its property

A. Used collective trademark; B. Registered trademark owned by others;

C. A registered trademark that has been licensed to a third party; D. Ordinary registered trademark.

25. "Marlboro" is a world-famous cigarette trademark that has been registered in China. The text, graphics, and colors of the bottle stickers and packaging boxes of the "Yingguang" brand wine produced by a certain winery are basically the same as the "Marlboro" trademark. The correct statement about this matter is

A. Wine and cigarettes are not the same or similar goods, and the winery does not constitute infringement;

B. The winery uses "Marlboro" as a decoration, and there is no infringement issue;

C. The winery's wine has not yet been sold, so it does not constitute infringement;

D. "Marlboro" is a well-known trademark and should be given special protection.

26. A certain factory's registered trademark "White Rose" is about to expire, and it wants to go through the renewal procedures. According to the provisions of my country’s Trademark Law, the application time for renewal can only be

A. 6 months before expiration; B. 6 months before and after expiration;

C. 6 months after expiration; D. 12 months before and after expiration.

27． "Zhenhua" Electrical Appliance Industry Company produces "Feilang" brand washing machines based on its own design drawings. This washing machine has a design patent. What is not protected by industrial property rights is

A. "Zhenhua" manufacturer name; B. "Feilang" trademark;

C. Design patent; D. Graphic works.

28． After engineer A developed a carbonated drink formula as assigned by his unit, company B hired A to work for the company with a high salary. A then brought the beverage formula to company B and was hired. According to the provisions of my country’s Anti-Unfair Competition Law

A. A should bear infringement liability, but B does not bear infringement liability;

B. B shall bear infringement liability, and A shall not bear infringement liability;

C. Both A and B should bear tort liability;

D. Neither A nor B shall be liable for infringement.

29. A clothing company registered Hongda as its company name in this city in 1995, and the following year it registered "Hongda" as a suit trademark with the State Trademark Office. According to relevant regulations

A. "Hongda" manufacturer name rights and "Hongda" trademark rights have exclusive effect nationwide;

B. The manufacturer name right of "Hongda" has exclusive effect in the city, and the trademark right of "Hongda" has exclusive effect nationwide;

C. The manufacturer name right of "Hongda" has exclusive effect nationwide, and "Hongda" has exclusive effect in this city;

D. The "Hongda" manufacturer name right and the "Hongda" trademark right only have exclusive effect in this city.

30. Hami melon produced by fruit farmers in Hami region of Xinjiang is a famous local specialty product. Fruit farmer Zhang wanted to use the "Hami" brand as a trademark for melons and applied to the relevant departments for registration. According to relevant regulations

A. Zhang can obtain the "Hami" trademark right;

B. Zhang and other fruit farmers can jointly obtain the trademark rights of the "Hami" brand;

C. Zhang can exclusively enjoy the "Hami" geographical tag right;

D. Zhang cannot obtain registered trademark rights.

2. Multiple-choice questions (this big question has 5 small questions, each question is worth 2 points, and the total is 10 points). Among the 5 options listed in each small question, there are 2 to Five options meet the requirements of the question. Please fill in the letters before the correct options in the brackets after the question. There will be no points for multiple selections, few selections or incorrect selections.

31. Since 1980, our country has joined many international conventions on intellectual property protection, including

A. "Convention Establishing the World Intellectual Property Organization";

B. World Trade Organization "Intellectual Property Agreement";

C. "Paris Convention for the Protection of Industrial Property";

D. "Berne Convention for the Protection of Literary and Artistic Works";

E. "European Union Trademark Registration Treaty".

32. my country's Copyright Law stipulates that the protection period of the right of publication and copyright property rights in copyright is limited. Among the following options, the protection period is limited:

A. Right of signature; B. Distribution rights;

C. Broadcasting rights; D. Right of reproduction;

E. Right to amend.

33． A and B jointly pirated copies of the best-selling novel "There's No Feast That Lasts" and set up a stall in a certain place to sell it. After C purchased a pirated copy of the book, he lent it to Ding and E to read. The person who infringed the copyright of the novel "There is no feast that lasts forever" is

A. A; B. B; C. C; D. Ding; E. E.

34. my country's patent law stipulates that the patent application documents that applicants for invention patents should submit include:

A. Letter of request; B. Claims; C. Instructions; D. Abstract; E. Pictures or photos.

35. The industrial and commercial bureau of a certain place investigated and punished a dark den that assembled counterfeit "Forever" brand bicycles. Among the following behaviors, those that constitute trademark infringement include:

A. A teamed up with others to assemble "Forever" brand bicycles;

B. B manufactures the "Forever" brand trademark logo;

C. C harbors "Forever" brand bicycles for sale;

D. Ding Hardware Store suspected that the "Forever" brand bicycles were counterfeit and still sold them on its behalf;

E. Wu was greedy for cheap and bought a "Forever" brand bicycle.

Part 2

3. Short answer questions (this major question has 6 small questions, each question is 5 points, 30 points)

36. Briefly describe the difference between intellectual property rights and tangible property rights.

37. Briefly describe the difference between performance rights and performers’ rights.

38. Briefly describe the difference between counterfeiting a registered trademark and counterfeiting a registered trademark.

39． What is fair use in copyright? What are its constituent conditions?

40． How to understand patent exhaustion?

41． What issues should be paid attention to when adjudicating disputes regarding trademark registration?

4. Case analysis questions (this major question has 3 sub-questions, each sub-question is 10 points, max 30 points)

42. Writer Wang wrote a documentary reportage reflecting the "Ten Years of the Cultural Revolution" and submitted it to a publishing house for publication. The publishing house distributed several photos from the "Cultural Revolution" period as illustrations for the book. When reviewing the proofs of the book, Wang felt that the photos would add color to the work, so he did not raise any objection. After the book was released, the photographer Zhang discovered that the photos were all works he had published in the past. However, Wang and the publisher neither sought his opinion beforehand nor paid him any compensation afterwards, nor did he sign his name in the book. The author of the photo sued Wang and the publisher for infringement of his copyright. The publishing house acknowledges the fact of infringement and is willing to bear corresponding responsibilities. However, Wang claimed that he was only the author of the text part of the book and that the photos were distributed by the publishing house and had nothing to do with him, so he denied his infringement liability.

Is Wu’s reason valid? Why?

43. Factory A developed an N-type switch, filed a patent application with the China Patent Office in May 1997, and obtained the utility model patent in May 1998. Factory B independently developed this N-type high-voltage switch in July 1995. In April 1997, Factory B completed the product finalization drawings and necessary preparations for manufacturing, and sold 20 units by the end of the same year. In June 1998, after Factory A discovered Factory B's sales behavior, it negotiated with Factory B, but Factory B believed that its behavior did not constitute infringement. In this case, Factory A is prepared to file a lawsuit in court.

Please choose the correct answer for each of the following questions.

(1) __________ can have first-instance jurisdiction over the case.

A. Supreme People's Court; B. The Higher People's Court of a municipality;

C. Intermediate People's Court of a municipality directly under the Central Government; D. Basic People's Court of a certain city and district.

(2) Factory B’s behavior, ＿＿＿＿

A. It constitutes an infringement of Factory A's utility model patent rights, because no one can exploit the patentee's patent for profit without the permission of the patentee;

B. It does not constitute an infringement of Factory A’s patent rights, because Factory B enjoys the right of prior use according to law;

C. It does not constitute an infringement of the utility model patent rights of Factory A, because the N-type high-voltage switch of Factory B is independently completed;

D. It does not constitute an infringement of Factory A's utility model patent rights, because Factory A's patent does not contain novelty.

(3) Factory B believes that the technology developed by Factory A has been completed and trial-produced by Factory B before its patent application date. Therefore, Factory A’s utility model patent has no novelty and is invalid. Factory B’s point of view ?

A. Correct; B. mistake.

(4) my country’s patent law stipulates that the conditions for the establishment of product patent right of prior use are ＿＿

A. The same product has been manufactured or the necessary preparations for manufacturing have been made before the patent application date, and manufacturing will only continue within the original scope;

B. The same product has been manufactured or the necessary preparations for manufacturing have been made before the patent application date, and authorization from the patentee has been obtained subsequently;

C. The same product has been manufactured or the necessary preparations for manufacturing have been made before the patent grant date, and remuneration has been paid to the patentee afterwards;

D. The same product has been manufactured or the necessary preparations for manufacturing have been made before the patent grant date, and the manufacturing is continued.

(5) If Factory B wishes to declare Factory A’s patent rights invalid, it should _

A. Submit a request to the Patent Office for invalidation of the patent right;

B. Submit a request to the Patent Reexamination Board for invalidation of the patent right;

C. Submit a request to the local patent management authority for invalidation of the patent right;

D. Submit a request to the People's Court for invalidation of the patent right.

44． The main products of Factory A are potato chips, crispy rice and other snacks. Three years ago, the factory used the word "Xiangcui" as a trademark on the packaging of the above-mentioned products. Due to its emphasis on product quality, the "Xiangcui" brand potato chips and crispy rice crisps were recognized and loved by consumers, and the product sales area continued to expand. Now Factory A has decided to apply for the trademark registration of "Crispy", and the products used are still potato chips and rice crispy rice.

Based on the above situation, please answer the following questions:

1. Explain the reasons why the trademark registration application can be approved.

2． If the Trademark Office rejects the trademark registration application, when should a review request be submitted to whom?

3． If the reexamination request is rejected again by the reexamination authority, can Factory A continue to use the trademark? Why?

Reference answers

1. Multiple choice questions (this major question has 30 sub-questions, each sub-question is worth 1 point, ***30 points)

1. C; 2. A; 3. D; 4． B; 5. D; 6. B; 7． B;

8. D; 9． B; 10. C; 11. B; 12． D; 13． C; 14. D;

15． B; 16． C; 17． C; 18． B; 19． C; 20. B; 21. C;

22. B; 23. C; 24. D; 25. D; 26. B; 27. D; 28. C;

29. B; 30. D.

2. Multiple choice questions (this major question has 5 small questions, each question is worth 2 points, and the total is 10 points)

31. ACD; 32. BCD; 33． AB; 34. ABCD; 35. ABCD.

3. Short answer questions (this big question has 6 small questions, each question is 5 points, 30 points)

36. (1) The immateriality of the object is the essential attribute of intellectual property and is the most fundamental difference between this right and the ownership of tangible property.

(1 point)

(2) The general characteristics that distinguish intellectual property rights from tangible property ownership are: ① state-granted nature; (1 point) ② exclusiveness; (1 point) ③ territoriality; (1 Points) ④ Timeliness; (1 point).

37. (1) Performance rights and performer rights are related to copyright and neighboring rights. (1 point)

(2) Performance rights are the rights that copyright owners have over their works; performers’ rights are the rights that performers have over their performances. (2 points)

(3) Performance right is one of the property rights (or "economic rights") of the copyright holder; performer's right includes two parts: property rights and personal rights (or "moral rights") .

38. (1) Counterfeiting a registered trademark is a serious trademark infringement. It refers to using the same trademark as another person’s registered trademark on the same goods without permission. (3 points)

(2) Counterfeiting a registered trademark is a trademark violation, which refers to the act of using an unregistered trademark as a registered trademark on goods. It does not infringe any specific trademark rights. (2 points)

39. (1) Fair use refers to a system in which, under certain conditions, the law allows others to freely use copyrighted works without obtaining the consent of the copyright owner or paying remuneration to the copyright owner. (2 points)

(2) Conditions

①The work used has been published; (1 point)

②The purpose of use is limited to personal study , research or appreciation, or for the needs of teaching, scientific research and other undertakings as well as public cultural interests, shall not infringe on other rights of the copyright owner; (1 point)

③The name of the work being used must be indicated , the name of its author, and without prejudice to the author's other rights. (1 point)

40. (1) "Exhaustion of patent rights" is a restriction on patent rights. (3 points)

(2) "Patent exhaustion" does not lead to the termination of the patent itself, but only affects specific patented products that have been legally put on the market. (2 points)

41. (1) The applicant must be the owner of a registered trademark, and the registration date of the applicant’s registered trademark is prior to the registration date of the disputed registered trademark. (2 points)

(2) The date of application for dispute ruling shall be within 1 year from the date of approval of registration of the disputed trademark; (1 point)

(3) Reasons for the application , the two trademarks are identical or similar, and the goods used are the same or similar; (1 point)

(4) The grounds for the application have not been filed before. (1 point)

4. Case analysis questions (this major question has 3 small questions, each of 10 points, 30 points)

42. (1) Wang’s reasons are untenable and his behavior constitutes infringement. (3 points)

(2) The reasons are as follows:

① Zhang’s photos are protected by copyright law as photographic works; (2 points)

② Wang used Zhang's photography in his own published works without Zhang's consent, payment to him, or signature, thus infringing upon Zhang's copyright. (2 points)

③Wang saw that the photos distributed by the publishing house were beneficial to his own work, but did not review the source of the photos and allowed the infringement to occur, so he was subjectively at fault. (3 points)

43. (1)C; (2)B; (3)B; (4)A; (5)B. (2 points for each question)

44. (1)①Cannot. The word "crispy" directly describes the characteristics of potato chips and crispy rice, which violates the prohibition conditions, or does not have distinctive characteristics.

②Yes. After the word "crispy" is used, it is recognized by consumers and has a role in identifying the product.

Scoring criteria

Two answers are allowed. Anyone who can support the answer will get 4 points.

(2) Within 15 days from the date of receipt of the notice from the Trademark Office, (1 point) the Trademark Review and Adjudication Board. (1 point)

(3) ①Yes. Unregistered trademarks can be used on general goods, or unregistered trademarks can be used.

②No. This trademark violates the trademark prohibition conditions, and the industrial and commercial authorities have the right to prohibit its use.

Scoring criteria

You can have two answers. Anyone who can explain the reasons to support his answer will get 4 points.