1. Company A and Food Factory B are negotiating a deal to purchase candies produced by the factory, but they have not reached an agreement on price. At the same time, Food Company C also sent people to contact Company A to sell candy products. Factory C proposed to stipulate in the purchase and sale contract that a 15% discount will be given at the time of sale. Company A pays via bank transfer at 85% of the ex-factory price. Company A gave up the negotiation with Company B and prepared to sign a deal with Factory C. At this time, Factory B proposed to Ding, the supply and marketing section chief of Company A who was responsible for purchasing, "After the transaction is completed, Factory B will give Ding a 10,000 yuan bonus. God knows what you know and what I know." Seeing that it was personally beneficial, Ding signed a contract with Factory B and secretly received a "favorite fee" of 10,000 yuan. Question:
(1) Does Factory B’s behavior constitute unfair competition? What is the legal basis?
(2) Is the behavior of Factory C illegal? Why?
(3) Is Ding’s behavior illegal? Why?
2. China and Italy are both members of the Paris Convention for the Protection of Industrial Property. On June 18, 2000, the scientific and technical personnel of Italian Company A completed a utility model of an "energy-saving equipment". On June 30, 2000, Company A filed a utility model patent application with the Italian government and obtained the patent. On August 16, 2001, a patent application was submitted to the my country Patent Office. After investigation by the Patent Office, my country's Beijing Quanta Company submitted a patent application to the my country Patent Office on May 5, 2001. Shanghai Trade Development Company independently completed the same utility model of "energy-saving equipment" in 1999, and began to organize production in early February 2000. It was ready and put into production at the end of December 2000. On May 18, 2001, Shanghai Trade Development Corporation submitted a utility model patent application for "energy-saving equipment" to the China Patent Office.
Q: To which company does the China Patent Office grant patent rights? Why? After the patent is granted, will it constitute infringement if the other two companies continue to produce "energy-saving equipment"? Why?
3. Company A is a well-known food production company in a certain province. The "Zhengyang" brand peanut oil it produces is well-known at home and abroad. "Zhengyang" is a trademark that the company applied for registration with the State Trademark Administration in 1999. In 2001, Company A found on the market that the packaging and decoration of peanut oil produced by a certain company were very similar. Although the trademarks were different, the words "Zhengyang Food" were clearly marked on the packaging. After further investigation, Company A learned that the peanut oil manufacturer was Zhengyang Food Factory, an enterprise in a neighboring province registered and established in October 2000. Company A believed that Zhengyang Food Factory's act of marking "Zhengyang Food" on the packaging was an act of unfair competition and infringed on its exclusive trademark rights, and required it to stop using the word "Zhengyang Food". However, Zhengyang Food Factory believed that "Zhengyang" is a brand name approved by the Provincial Administration for Industry and Commerce. Marking the words "Zhengyang Food" on its products is an act of marking its own company name, which is not illegal, and it refuses to stop using it. Question:
(1) Does Company A have the exclusive right to trademark "Zhengyang"? Why?
(2) Does Zhengyang Food Factory have the corporate name right to "Zhengyang"? Why?
(3) Whether the behavior of Zhengyang Food Factory is an act of unfair competition, please explain the reason
4. On October 21, 1998, Xu purchased from a furniture sales department Household art exhibition cabinet, priced at 1,200 yuan, and then placed his collection of art on it. On December 26, the cabinet suddenly broke, causing four pieces of art to break, resulting in a loss of more than 5,000 yuan. Xu asked the furniture sales department for compensation. The furniture sales department argued that the furniture was sold by him on behalf of a furniture factory, so the furniture factory should compensate him. Xu found the furniture factory, which argued that the accident was caused by Xu's improper use, and that the furniture sales department had sold the furniture for more than 2 months, and the product was subject to the "three guarantees" as stipulated, so it should not be borne by it. .
Question:
(1) If the furniture is defective, what obligations and responsibilities does the furniture store violate?
(2) From whom can Xu request compensation and for what reasons?