this paper is divided into two parts, the first part is multiple-choice question, and the second part is non-multiple-choice question; 4 points for multiple-choice questions, 6 points for non-multiple-choice questions, out of 1 points; The examination time is 15 minutes.

the first part of multiple-choice questions

1. Multiple-choice questions (this big question has 3 small questions, 1 point for each small question, and 3 points for * * *). Of the four options listed in each sub-question, only one option meets the requirements of the topic. Please put the letter before the correct option in the brackets after the topic. )

1. Party A has completed the factory emblem designed by Party B, but both parties have not agreed on the ownership of its copyright. Therefore, the copyright of the factory emblem should belong to

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

2. painter a sold his famous paintings to b for 2, yuan. B thus obtained

a. the ownership and exhibition right of the original painting;

B. Personal rights of works produced by the painting;

C. Property rights of works produced by the painting;

D. Ownership and copyright of the original painting.

3. Party A adapted his novel into a TV script with the permission of Party B.. What A gets from B is < P > A. Neighborhood right; B. the right of assembly; C. the right to translation; D, the right to edit.

4. Zhang created an academic paper independently. According to China's copyright law,

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

B. Zhang's paper can enjoy copyright whether it is published or not;

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

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

5. Wang's novel Oriental Star was first published in 1997, and Wang died the following year. The property right of the work generated by this work will terminate on June 1, 247.

B. June 2, 247;

C. December 31, 247;

D. December 31, 248.

6. The director of a film enjoys

a. the right of publication according to law; B. the right of signature; C, the right to edit; D, the right to play.

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

a.5 years; B, 1 years; C. 2 years; D 5 years.

8. In order to write a doctoral thesis, A copied several papers in the library. A's behavior belongs to

A. Infringement use; B, legal permission to use;

B. Compulsory licensing; D。 Reasonable use.

9. Party A publishes Party B's article in a journal in its own name without authorization. A's behavior infringes

A. The copyright of this periodical; B, the copyright of B;

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

1. If Party A arbitrarily changes the name of Party B's work and publishes it in its own name, then

A's behavior is the same as that of Party B's * * *;

B. A's line is a reasonable use of B's work;

C.A. constitutes plagiarism of B's works;

D. A's works are coincidences with B's.

11. One year after being laid off, Employee B of Company A made an invention W related to his job in the original unit, and at the same time, Company A also completed the same invention W.. Do you think B's invention W is < P > A. Service invention; B, non-service inventions;

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 in China Patent Office. When filling in the patent application documents carefully, the column of "inventor" should fill in the name of

A. A company; B, B or C's name;

C. The name of Company A and the names of Party B and Party C; D. the names of b and c.

On March 5, 1993, Zhou filed a patent application with the US Patent and Trademark Office for his invention M; Later, on February 3, 1994, a patent application for the same invention M was filed with the China Patent Office. According to the principle of international priority, when China Patent Office examines its novelty and creativity, its filing date refers to < P > A. February 3, 1994; B, January 1, 1994;

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

14. Eight months after the announcement of the grant of the patent right, Wang, the patentee of the invention, found that the patented products manufactured and sold by Company A were the same as their invention patents, so he filed a lawsuit with the court, accusing Company A of infringement. At this point, the measures that Company A can take are < P > A. Request the Patent Office to revoke Wang's patent right;

B. request the patent office to declare Wang's patent right invalid;

C. Request the Patent Reexamination Board to revoke Wang's patent right;

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

15. If the patentee wants to give up his patent right, then according to the provisions of China's patent law, the patentee can

a. make a statement of giving up the patent right, which will be registered and announced by the Patent Office;

B. A written statement of giving up the patent right shall be registered and announced by the Patent Office;

C. An oral statement of giving up the patent right shall be registered and announced by the Patent Office;

D. A written statement of giving up the patent right shall be approved and announced by the Patent Office.

16. In the patent license contract, Licensee A has the right to exploit the patent within the time and geographical scope agreed in the contract and in the use mode agreed in the contract. At the same time, as licensor, Party B can not only exploit the patent itself, but also license it to a third party. The license is

a. exclusive license; B. exclusive license;

C. General license; D. sub-license.

17. One of Li's invention patents was terminated due to the expiration of the protection period. Since then, Li has still marked the patent mark and the original patent number on the product manufactured and sold. Li's behavior is < P > A. Infringement of patent rights; B, counterfeit patents;

C. impersonating a patent; D, the legitimate use of the patent.

18. Citizen A of China transfers a patent right to Japanese B. According to the provisions of China's patent law, the transfer of Party A and Party B must be approved by the corresponding institutions. The institution is

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

the provincial government where D. A is located; D, the unit where A works.

19. A Chinese fast food restaurant designed a emblem according to its own service items and characteristics. The emblem is a

a. certification trademark; B。 Selling trademarks;

C. service marks; D。 Collective trademark.

2. A factory has used the trademark "Red Lantern" on its drinking utensils since 1995, and filed an application for registration of the trademark with the Trademark Office in August 1997. As early as June 1997, Factory B applied to the Trademark Office to register the trademark "Red Lantern" for its drinking utensils. The trademark of "Red Lantern" shall belong to

A.A.; B, b;

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

21. Hongchang Furniture Factory has designed the following product trademarks. The one that does not comply with the relevant provisions of the Trademark Law is

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

C. Olympic rings; D, "happiness".

22. Company A has recently registered a trademark, and if Party B thinks that the trademark violates the trademark prohibition clause stipulated in the Trademark Law, it may request the relevant authorities to cancel the registered trademark of Company A.. This institution is

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

C. Local industrial and commercial administrative departments; D. people's court.

23. Party A authorizes Party B to use the registered trademark A.. With regard to the quality of goods with trademark A used by Party B, the rights and obligations of both parties should be < P > A. Neither Party A nor Party B is responsible; B. Party A and Party B shall be jointly and severally liable;

C. supervision by Party A and guarantee by Party B; D. Party A and Party B shall be liable for compensation.

24. A farmer's company wants to transfer some registered trademarks it owns to others due to the change of production. The agricultural and trading company is free to transfer its collective trademark used by

a.; B, with others * * * some registered trademarks;

C. a registered trademark that has been licensed to a third party; D. ordinary registered trademarks.

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

A. Wine and cigarettes are not the same or similar commodities, and wineries do not constitute infringement;

B. The winery uses Marlboro as decoration, and there is no infringement problem;

C. The wine in the winery is not sold yet, which has not constituted infringement;

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

26. The validity of the registered trademark of "White Rose" of a factory is about to expire, and it is necessary to renew it. According to the provisions of China's trademark law, the application time for renewal can only be

a. 6 months before the expiration; B, 6 months before and after the expiration;

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

27. "Zhenhua" Electric Appliance Industry Company produces "Feilang" brand washing machine according to its own design drawings. The washing machine has a patent for design. What does not belong to the protection of industrial property rights is

A. the name of "Zhenhua" manufacturer; B, "Feilang" trademark;

C. design patent; D, graphic works.

28. After Engineer A developed the carbonated beverage formula according to the assignment of his unit, Company B hired Party A to work in this company with a high salary, and Party A brought the beverage formula to Company B for employment. According to the provisions of China's Anti-Unfair Competition Law, < P > A shall bear the tort liability, while B shall not bear the tort liability;

B. B shall bear the tort liability, and Party A shall not bear the tort liability;

C. Both Party A and Party B shall bear the tort liability;

D. neither party a nor party b shall bear the tort liability.

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

a. The name right of "Hongda" manufacturer and the trademark right of "Hongda" can have exclusive effect in the whole country;

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

C. The name right of "Hongda" has exclusive effect in the whole country, and "Hongda" has exclusive effect in this city;

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

3. Hami melons produced by fruit farmers in Hami area of Xinjiang are local famous products. Fruit farmer Zhang wants to use "Hami" brand as the trademark of melon and apply for registration with the relevant departments. According to the relevant regulations,

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

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

C. Zhang can enjoy the exclusive right of geographical indication of "Hami";

D. Zhang can't obtain the registered trademark right.

2. Multiple-choice questions (this big question * * 5 small questions, 2 points for each small question, ***1 points) Two to five of the five options listed in each small question meet the requirements of the topic. Please put the letters before the correct option in brackets after the question. There is no score for multiple choices, fewer choices and wrong choices.

31. Since 198, China has acceded to many international conventions on intellectual property protection, including

a. Convention on the Establishment of the World Intellectual Property Organization;

B. Agreement on Intellectual Property Rights of the World Trade Organization;

C. Paris convention for the protection of industrial property;

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

e. Treaty on the Registration of Trademarks of the European Union.

32. China's copyright law stipulates that the protection period of the right of publication and the property right of works in copyright is limited. Among the following options, the protection period is limited:

A. the right of signature; B. the right to issue;

C. right to play; D. right of reproduction;

e. Right to modify.

33. Party A and Party B jointly pirated a best-selling novel "All good things must come to an end" and set up a stall for sale in a certain place. After purchasing a copy of the pirated book, C lent it to D and E.. There are

A.A. who infringe the copyright of the novel All good things must come to an end; B.b; C.c; D.d.; E.e.

34. The patent application documents required by China's patent law for invention patents are

A. Request; B. the claim; C. instructions; D. summary; E. pictures or photos.

35. A certain industrial and commercial bureau investigated and dealt with a black den where counterfeit "forever" brand bicycles were assembled. In the following acts, trademark infringement is constituted by

A. Party A cooperates with others to assemble a "permanent" brand bicycle;

B.B. manufactures "permanent" brand trademarks;

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

D.D. Hardware Store suspects that "forever" brand bicycles are counterfeit goods and still sells them on their behalf;

e. e bought a "forever" brand bike because of its cheapness.

Part II

III. Short answer questions (6 small questions in this topic, 5 points for each small question, 3 points for * * *)

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

37. Briefly describe the difference between performance right and performer right.

38. Briefly describe the difference between passing off a registered trademark and passing off a registered trademark.

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

4. How to understand the exhaustion of patent rights?

41. what issues should be paid attention to in the adjudication of disputes over the application for registered trademarks?

4. Case analysis questions (the big topic is ***3 small questions, with 1 points for each small question and 3 points for * * *)

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 of the "Cultural Revolution" period as illustrations for the book. When examining and approving the proof of the book, Wang felt that photos could add color to the work, so he did not raise any objection. After the book was published, the photographer Zhang found that the photos were all works he had published in the past, but Wang and the publishing house did not ask for their opinions beforehand, and did not pay them afterwards. The book did not sign him as the photo author, so they sued Wang and the publishing house for infringing their copyright. The publishing house acknowledges the fact of infringement and is willing to bear the corresponding responsibility. However, Wang claimed that he was only the author of the text of the book, and the photos were distributed by the publishing house, which had nothing to do with himself, so he denied his tort liability.

is Wu's reason valid? Why?

43. A factory developed an N-type switch, filed a patent application with China Patent Office in May 1997, and obtained the patent right of utility model in May 1998. In July, 1995, Factory B independently developed this N-type high-voltage switch. one