20091226 Assistant Intellectual Property Manager Examination Outline

1. Single choice

1. From the perspective of enterprise intellectual property management process, the contents of intellectual property management include ( ).

A Management acquisition, maintenance, application and daily management of intellectual property

B Acquisition, maintenance, application and international operation management of intellectual property

C Knowledge Property rights acquisition, maintenance, application, daily and international operation and management

D Intellectual property acquisition, maintenance, application. Daily and international operation and management

2. Intellectual property acquisition and management activities mainly include ( )

A. Determine the intellectual property rights that the enterprise will acquire, build an appropriate intellectual property portfolio and independent innovation management of intellectual property rights

B. Choose the ways and means to obtain intellectual property rights, determine the intellectual property rights that the enterprise will acquire, and build an appropriate intellectual property portfolio

C. Determine the intellectual property rights that the enterprise will acquire, build an appropriate intellectual property portfolio and brand management

D. Determine the intellectual property rights that the enterprise will acquire, choose the ways and methods to acquire intellectual property rights, and build an appropriate intellectual property portfolio

3. ( ) refers to the strategy adopted by an enterprise to break the market monopoly and improve its passive position in competition when it is attacked by other enterprises or units’ intellectual property strategies in market competition or when competitors’ intellectual property rights pose an obstacle or threat to the enterprise’s business activities.< /p>

A. Offensive strategy mode

B. Defensive strategic model

C. Follow-up strategic model

D. Hybrid strategic model

4. According to the relevant provisions of my country's "Patent Law", patent rights can be granted in the following ( ) situations.

A A invented imitation counterfeit banknotes

B B invented a unique treatment method for diabetes

C C discovered a new plant variety

D Ding invented a production method for a new plant variety

5. According to the provisions of my country's "Patent Law", the protection period of a utility model patent is ().

A 5 years B 10 years C 15 years D 20 years

6. In addition to the acceptance procedure, the invention patent approval process also includes ( ).

A Preliminary examination, early disclosure, substantive examination, authorization announcement

B Preliminary examination, substantive examination, authorization announcement

C Preliminary examination, early disclosure, authorization Announcement

D Preliminary review and authorization announcement

7. In May 2004, Li published his latest research results for the first time at an international conference. In July 2004, Li published the project Apply for invention patents for scientific research results. Li’s patent application ( ). Page P41

A is deemed to have been filed in May 2004 B should be rejected

C Novelty has been lost D Novelty has not been lost

8. ( ) refers to the exercise or implementation of the acquired patent rights within the validity period stipulated by law in order to maintain the continued validity of the patent rights.

A Maintenance of patent rights

B Exercise of patent rights

C Protection of patent rights

D Maintenance of patent rights

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9． After the patent right is transferred, ( ) obtains all the rights and obligations of the original patent applicant.

A Patentee B Applicant C Assignee D Assignor

10. my country's Patent Law stipulates that the statute of limitations for patent infringement begins from the date when the patentee or interested party learns or should have learned of the infringement ( ).

A 6 months B 18 months

C 1 year D 2 years

11. A started using the "Jianhua" trademark on March 1, 1999, and B started using the same trademark on April 1 of the same year.

Both A and B sent application documents for registering the "Jianhua" trademark to the Trademark Office on May 1, 2000, but A's application documents were sent on May 8 and B's documents were sent on May 5. Whose application will be initially reviewed and announced by the Trademark Office?

A. Announcement at the same time, because A and B’s application dates are the same

B. Announcement of B’s application, because B’s application comes first

C. Announcement of A’s application, Although A and B apply at the same time, A uses it first

D, and it is decided by the Trademark Office freely

12. Factory A, with the permission of Factory B, exclusively uses Factory B’s registered trademark in a certain province . Later, it was discovered that the local C factory also used the trademark. After investigation, Factory C used the trademark with illegal permission from Factory D, which had the exclusive right to use the same trademark from another province. Which of the following requests of Factory A cannot be established?

A. Request Factory B to bear breach of contract losses

B. Request Factory D to bear infringement liability

C. Request Factory C to bear infringement liability

< p>D. Request Factory C and Factory D to jointly bear infringement liability

13. The agency in charge of national trademark registration and management is:

A. State Administration for Industry and Commerce

< p>B. Trademark Office of the Industrial and Commercial Administration Department of the State Council

C. Intellectual Property Office

D. Court

14. Two or more natural persons, legal persons or Other organizations can apply to the Trademark Office to register the same trademark at the same time. Those who enjoy and exercise the exclusive right to the trademark are:

A. Same as

B. Independently

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C. Can be alone or together

D. None of the above

15. The trademark applied for registration should have ( ) for easy identification and It shall not conflict with the previously acquired legal rights of others.

A. Registration mark

B. Distinctive features

C. Registered trademark words

D. Description

16. Products that are required to use registered trademarks by the state must apply for trademark registration, ( ) and may not be sold in the market.

A. Without application

B. Without approval and registration

C. Without preliminary approval

D. All of the above No

17. Identical or similar to the name, national flag, national emblem, military flag or medal of the People's Republic of China, or the name of a specific location or landmark building where the central state agency is located Trademarks with the same name and graphics ( )

A. Cannot be used as a trademark

B. Can be used as a trademark

C. Can be used as a trademark upon review< /p>

D. None of the above

18. The validity period of a registered trademark is ( ) years, calculated from the date of approval of registration.

A. 10 years

B. 15 years

C. 20 years

D. 30 years

19The objects that are not protected by my country’s Copyright Law are ( ).

A Audio and video products B Art works

C Computer software D Current affairs news

20. The protection period of computer software copyright begins in ( ).

A The date the software was developed B The date the software was completed

C The date the software was published D The date the software was sold

2. Multiple choice:

1. Point out which of the following fall within the scope of intellectual property protection under our country's laws ( )

A. Computer software copyright and foreign applied works of art copyright

B. New agricultural and forestry plant variety rights

C. The right to the company name (manufacturer name) and the right to its trade name (trade name);

D. Right of designation of origin;

2. Indicate which of the following are methods of application of intellectual property rights ( ).

A. Mergers and acquisitions of intellectual property

B. Intellectual property pledge

C. Intellectual property investment

D. Intellectual Property Trust

3. After the announcement of the authorization of his patent, A discovered that the products manufactured and sold by Company B were identical to his invention patent, so he sued Company B for infringement of his patent. In this regard, the reason that Company B can defend is ().

A. Prove that your product is different from X’s patented product

B. Prove that you have the right of prior use

C. Request a declaration of X’s patent The patent right is invalid

D. Prove that you are not aware of the existence of A’s patent right

4. Which of the following requirements should be met for a trademark applying for registration? ( )

A. Has distinctive features

B. Easy to identify

C. Must not conflict with other people’s previously acquired legal rights

< p>D. Creative

5. Which of the following signs may not be used as trademarks? ( )

A. The name or symbol is the same as or similar to the "Red Cross" or "Red Crescent";

B. It is ethnically discriminatory;

C. Exaggerated propaganda and deceptive;

D. Harmful to socialist morals or having other adverse effects.

6. Among the following behaviors, which one constitutes counterfeiting someone else’s patent is ( )

A. Intentionally selling products that infringe the patent rights of others

B. Using other people’s patent numbers in advertisements without permission

C. Marking other people’s patent numbers on the products produced by oneself without permission

D. Using other people’s patented technology to manufacture products without permission

E. Importing other people’s patented products without permission

7. Among the following items, China’s Patent Law stipulates that patent rights are not granted ( )

A. New varieties of animals and plants B. Rules and methods of intellectual activities

C. Diagnosis and treatment methods of diseases D. Scientific discoveries

E. Drugs and chemical substances

8. Publisher rights include ( ).

A Exclusive right of publication

B Exclusive right of compilation

C Right of compilation

D Exclusive right of layout design

9. The civil liability that an actor may bear if he infringes upon the copyright and neighboring rights of others includes ( ).

A Stop the infringement B Compensate for losses

C Eliminate the impact D Apologize

10. Among the following acts of copyright infringement, in which cases will the infringer not only bear civil liability, but also be subject to administrative penalties by the copyright administrative department? ( )

A. Using works in performances, broadcasts, exhibitions, etc. without the permission of the copyright owner

B. Copying and distributing the works for profit without the permission of the copyright owner

C. Reproduction and distribution of radio and television programs produced by radio stations and television stations without their permission

D. Publishing audio or video recordings of their performances without the permission of the performers

3. Judgment

1. The time limit for judging novelty is based on the date of patent approval. ( )

2. Regarding the standards for judging the novelty of patents in my country, the scope of publication and disclosure is domestic and foreign, and the scope of public use is domestic. ( )

3. The patentee is the patent applicant. ( ) Page 37

4. The validity period of a registered trademark is ten years. After the term expires, it can be renewed an unlimited number of times. ( )

5． The protection period for collaborative works is 50 years after the death of the first author. ( )

6. Well-known trademarks can be recognized either actively or passively. ( )

7. Playing the author’s songs on KTV without permission infringes the author’s right of broadcasting.

( )

8. Without the consent of the copyright owner, the other party shall not exercise rights that are not expressly transferred in the copyright license contract. ( )

9. The right to indicate origin is the exclusive right of geographical indications enjoyed by the right holder in accordance with the law. ( )

10. Copyright law protects the expression of the content of a work, so plagiarism of creativity or expression techniques is generally not recognized. ( )

11． Layout designs that have not filed an application for registration with the Intellectual Property Office within 2 years from the date of their first commercial use anywhere in the world will no longer be registered. (True)

12. Inventions and creations that are mainly accomplished by utilizing the material conditions of the unit shall enjoy patent rights. ( )

13. The use of other people’s sound recordings by radio and television stations is considered fair use. ( )

14. Within 6 months from the date of announcement of the preliminary trademark approval, anyone can raise objections to the preliminary trademark approval. ( )

15. Intellectual property rights refer to the exclusive rights that people can enjoy in accordance with the law on the results of their intellectual creations. ()

4. Short answer questions

1. What are the functions and significance of intellectual property management for enterprises?

2. Conditions for recognition of well-known trademarks

3. What risks are there in the application of trademark rights?