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I spent a lot of time in the afternoon to complete the following questions. I hope it can be of some help to you.
I have written the answers to each question below the four options. Since the layout will be automatically adjusted after submission, the question options may not look neat. I have revised them several times. Yes, the layout looks much better now.
In addition, for some important knowledge points and common test points in civil law examinations, I have attached analysis after the answers, or marked the sources of relevant laws and regulations. Hope it will be helpful to your study.
The main examination directions for the following questions are: 1. Copyright Law; 2. Patent Law; 3. Trademark Law; 4. Property Law; 5. Urban Real Estate Management Law. You can find some relevant reference books for study and review.
As for the learning methods of civil law, let me briefly say a few words, hoping to help you in your daily study:
Civil law has too much content and is very cumbersome. I think that when you study in daily life, The most important thing is to understand and memorize more important laws and regulations, and believe that you will succeed! !
Finally, I wish you progress in your studies and a smooth journey on your arduous journey to legal studies! !
1. A purchased a painting from B. While A has the property rights to the painting, he also enjoys ( ). A. Reproduction right B. Rental right C. Adaptation right D. Exhibition right
D
2. A, with B’s permission, adapted B’s novel into a movie script, and C obtained the After drafting the script manuscript, the movie script was adapted into a television script and published without the consent of A and B. Which of the following statements about C's behavior is correct? ( )
A. Infringes A’s copyright, but does not infringe B’s copyright. B. Infringes B’s copyright, but does not infringe A’s copyright. C. Does not constitute infringement. D. Infringes A’s copyright at the same time. and B's copyright
D
3. The background music played by the store involves the copyright owner of the music work ( ).
A. Distribution rights B. Performance rights C. Screening rights D. Broadcasting rights
D
4. Employee B of Company A made a decision one year after his retirement. An invention related to his job in his original unit, you think B’s invention should belong to ( ).
A. Service invention B. Non-service invention C. Collaborative invention D. Commissioned invention
B
5. The manufacturing method of new TV sets in my country Can be raised ( ).
A. Application for patent for invention and utility model B. Application for patent for invention and design C. Application for patent for invention, utility model and design D. Application for invention patent, but cannot apply for utility model or design patent
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D
6. In my country, when judging the novelty of an invention, publication disclosure and use disclosure are adopted respectively ( ).
A. World standard, domestic standard B. Domestic standard, world standard C. World standard, world standard D. Domestic standard, domestic standard
A
7. Publications adopt world standards; use or other non-publication methods to publicly adopt domestic standards.
A certain company has a registered trademark "Apple" that has been approved for use on washing machines. In order to effectively protect this trademark, the company applied to register three more trademarks: "Red Apple", "Green Apple" and "Yellow Apple" on the washing machine. These three trademarks are ( ).
A. Joint trademark B. Defensive trademark C. Collective trademark D. Certification trademark
A
"Joint trademark" means: the same trademark is held A person uses several registered similar trademarks on the same or similar products.
8. The graphics, fonts, and colors on the front and sides of the package of the "Tianxiajing" brand wine produced by a certain winery are consistent with the packaging box of the "Marlboro" brand cigarettes, which is a well-known trademark registered in my country. Similarly, the logo printed on the seal is similar to the seal of "Marlboro" cigarettes. After the Industrial and Commercial Bureau where the factory was located found out, it ordered the factory to stop selling the wine, confiscated all its outer packaging, and imposed a fine.
Which of the following opinions about this case is correct? ( )
A. The factory uses product decoration, which does not constitute an infringement of the exclusive rights of others' trademarks. B. Wine and cigarettes are not similar products, so there is no infringement issue in this case. C. "Marlboro" is a well-known trademark. According to the "Paris Convention for the Protection of Industrial Property," its scope of protection should be expanded. D. In this case, if the "Marlboro" manufacturer did not file a complaint, the industrial and commercial administrative authorities have no right to investigate and deal with it
C See About "Well-known Trademarks" relevant regulations.
9. Intellectual property is a type of ( ).
A. Intangible property rights B. Ownership C. Creditor's rights D. Right of action
A
10. Architectural works refer to ( ).
A. The building itself B. Architectural design drawings C. Architectural model D. The building itself and architectural design drawings
D
11, Chinese painting master Li A certain person wanted to record his legendary life, so he asked the writer Wang to write it, 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 jointly by Wang and Zhang D. Owned jointly by Wang, Zhang and Li ***
< p>AIf the contract does not stipulate the ownership of the copyright, the copyright belongs to the trustee, that is, to the creator. Therefore, the copyright of the novel belongs to Wang.
12. According to my country’s copyright acquisition system, which of the following options is consistent with the situation in which citizen copyrights arise in my country? ( ) A. Automatically generated with the publication of the work B. Automatically generated with the completion of the creation of the work C. Automatically generated after adding a copyright mark to the work D. Generated after the work is fixed in a certain material form
< p>B13. Screening rights refer to technical equipment ( ). A. Public performance of works B. Performance of publicly broadcast works C. Public reproduction of works D. Public broadcast of works
C
14. Company A assigns its researchers B and C** *The same company researched and developed a technology. After the development of the technology was completed, Company A decided to apply for a patent for the technology. When filling in patent application documents, the "Inventor" column should be filled in ( ). A. The name of company A B. The name of B or C C. The name of company A and the names of B and C D. The names of B and C
D
According to the "Copyright" According to the Law of the People’s Republic of China, authors of professional works have the right of signature, so the names of researchers B and C should be filled in.
15. A entrusted B to develop a new product without clearly agreeing on the ownership of the patent application rights for the product. After the product is developed, the right to apply for a patent in my country shall belong to ( ) A, A B, A and B *** C, B D, the country
C
According to the Copyright Law, if the ownership of the patent right has not been agreed upon, it shall be enjoyed by the trustee. Therefore, the patent right belongs to B.
16. If two applicants apply for patents for the same invention on the same day, they shall ( ). A. Determine the applicant based on priority B. Determine the applicant through self-negotiation C. Determine the applicant by the unit accepting the application D. Determine the application based on the first-to-invent principle
A
17. A B 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 registration of the "Jianhua" trademark to the Trademark Office on May 1, 2000. However, A's application documents were sent on May 8, and B's documents were sent on May 5. Whose application should the Trademark Office initially review and announce?
A. Announced at the same time, because A and B applied on the same date. B. Announced B’s application, because B applied earlier. C. Announced A’s application. Although A and B applied at the same time, A used it first. D. The Trademark Office decides freely
C
18. According to relevant regulations, the following trademarks are generally not transferable ( ). A. Graphic trademark B. Sales trademark C. Collective trademark D. Fictitious trademark
D
19. Among the following rights, the ones that do not fall within the scope of usufruct rights among property rights in my country are ( ).
A. Land contract management rights B. Construction land use rights C. Mortgage D. Easement
C
A "mortgage" is a security interest.
20. Which of the following statements about the maximum number of years for the transfer of land use rights is correct ( ). A. Residential land for 70 years B. Industrial land for 40 years C． Recreational land for 30 years D. Educational and cultural land for 70 years
A
21. The agency that exercises ownership of state-owned land on behalf of the state is ( )A. State Council b. Ministry of Land and ResourcesC. National People's Congress D. President
A
22. The specific methods of paid use of state-owned land do not include (). A. Transfer of state-owned land ownership B. Transfer of state-owned land use rights C. State-owned land leasing D. State-owned land use rights are valued as capital contributions or shares
Choose A
Remember: In our country, land ownership cannot be transferred, only land use rights can be transferred.
23. According to the provisions of the Property Law, the disposal of real estate owned by shares shall require the consent of () the owner of the shares. A. All B. one third c. Two-thirds D. Half
C Please refer to the provisions of Article 97 of the Property Law.
24. The "Urban Real Estate Management Law" stipulates that when real estate is mortgaged, the ownership of the house and the land use rights within the occupation range of the house ( ) are mortgaged.
A. To distinguish B． Must be at the same time c. Can be done sequentially D. Prohibited
B
25. The following are not legal forms of urban house demolition in my country ( ). A. Self-demolition B. Commissioned demolition C． Social relocation D. Unified demolition
A
26. The following are not necessary conditions for applying for a commercial housing pre-sale license ( ). A. Obtain land use right certificate B. The investment capital reaches more than 25% of the total investment in project construction C. Hold a construction project planning permit D. Has been entrusted as an agent to sell commercial housing
D
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31. The main body that hires a professional property management company to implement property management is (). A. Residents' committee b. Housing management department C. Owners committee D. Owners Meeting
C
32. The "Urban Real Estate Management Law" stipulates that when real estate is mortgaged, the ownership of the house and the land use rights within the occupation range of the house ( ) are mortgaged. A. To distinguish B. Must be at the same time c. You can ban D in sequence
B
33. The objects of real estate transactions do not include ( ). A. Real estate agency services B. Land use rights c. Land ownership of houses D. Ownership of above-ground buildings
A
34. The following are not within the scope of farmers' collective land (). A. Homestead b. Private plot C. Ziliushan D． Urban and suburban land
D
35. The agency that exercises ownership of state-owned land on behalf of the state is ( )A. State Council b. Ministry of Land and ResourcesC. National People's Congress D. President
A
36. Regarding the restrictions on pre-sale of commercial housing in the Urban Real Estate Management Law, which of the following statements is incorrect ( ) A. All land use rights transfer fees have been paid and the land use rights certificate has been obtained B. Hold a construction project planning permit C. The investment in development and construction funds reaches 20% of the total investment in the construction project D. Apply for pre-sale registration with the real estate management department of the people's government at or above the county level and obtain a pre-sale license for commercial housing
D
37. A and B *** both contribute money to purchase a house and will The house is rented to C. During the lease period, B wants to transfer his share of ***. Now both A and C express their willingness to buy, then the house ( ) A. Under the same conditions, A has priority in purchasing B. Under the same conditions, C has the priority to purchase C. Under the same conditions, B decides who to sell to D. Based on the actual situation of A and C, who will purchase depends on the actual needs of both parties.
Choose A
Analysis: A and B have a *** relationship; B and C have a leasing relationship ; Both A and C have preemptive purchase rights, but our country’s property rights law stipulates that under the same conditions, the first owner’s right to purchase takes priority over the lessee. Therefore, under the same conditions, A has priority in purchasing.
38. Wan sold the rented house and then informed Qi, the lessee, and asked him to cancel the lease. Qi refused to cancel the lease and did not offer to buy it. So Wan refused to pay the rent, and the stalemate lasted for half a year. Later, the house was bought by Qiu. Qiu asked Qi to move out, but Qi ignored it. Qiu then asked Wan to evict Qi. Wan believed that the house no longer belonged to him and had no obligation to evict Qi. How should this case be handled ( ) A. The house sales contract of Wan and Qiu is invalid. B. The house sales contract of Wan and Qiu should be revoked. C. The house sales contract of Wan and Qiu is valid. Qi should cancel the lease. D. Wan The house sales contract between XX and Qiu is valid, and Qiu succeeds Wan as lessor
Choose D.
According to the principle of "sale and purchase does not break the lease", that is, if the lessee sells the house to others during the period of renting the house, it will not affect the validity of the lease contract. The new buyer must not deny the existence of a lease on the room.
39. Among the following rights, the ones that do not fall within the scope of usufructuary rights among property rights in my country are ( ). A． Homestead use rights B. Construction land use rights C. Lien D. Easement
C This is a legal security interest
40. Which of the following statements about the maximum number of years for the transfer of land use rights is correct ( ). A． Recreational land for 40 years B. Industrial land for 40 years C. Residential land for 50 years D. Educational and cultural land for 70 years
A
(1) Residential land for 70 years; (2) Industrial land for 50 years;
(3) Education, Fifty years for land used for science and technology, culture, health, and sports;
(4) Forty years for commercial, tourism, and entertainment lands;
(5) Fifty years for comprehensive or other land uses.
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41． The agency that exercises ownership of state-owned land on behalf of the state is ( )A. State Council b. Ministry of Land and ResourcesC. People's governments at all levels D. President
A
42. The specific methods of paid use of state-owned land do not include (). A． Transfer of state-owned land ownership B. Transfer of state-owned land use rights C. State-owned land leasing D. State-owned land use rights are valued as capital contributions or shares
A
43. According to the provisions of the Property Rights Law, the following changes in property rights take effect when the actual act is accomplished ( ). A． Transferring a house B. Inheriting a house C. Demolish the house D. Remodeling a house
Choose B
Inheritance is the original acquisition method of property rights. The heirs directly acquire the property rights from the time the inheritance relationship occurs.
44． The "Property Rights Law" stipulates that if the building and the construction land use rights within the area occupied by the building are not mortgaged together, then ( ). A． Only the building is mortgaged B. Treated as a joint mortgage C. Only the construction land use rights are mortgaged D. No mortgage has been set
B
45. The following demolitions are not regulated by the "Urban House Demolition Management Measures" ( ). A． Residential buildings on state-owned land within urban planning areas B. Non-residential buildings on state-owned land within urban planning areas C. Peasant houses on homestead land D. Ancillary buildings on state-owned land within urban planning areas
C
46. The following are not necessary conditions for applying for a commercial housing pre-sale license ( ). A． Obtain land use right certificate B. The investment capital reaches more than 25% of the total investment in project construction C. Hold a construction project planning permit D. Entrusted an agent to sell commercial housing
D
47. The main body that hires a professional property management company to implement property management is (). A． Residents' committee b. Housing management department C. Owners committee D. Owners Conference
C
The "Owners Conference" is the management organization, and the "Owners Committee" is the executive agency of the Owners Conference, which implements the decisions made by the Owners Conference.
48. Before A goes abroad, he gives the house that his brother B took care of to his friend C. A gives the ownership certificate of the house to C. After learning about it, B claimed that the house transfer registration procedure had not been completed, so the ownership of the house should belong to him. The ownership of the house now belongs to ( ) according to law.
A. A. B. B C. C D. A and B*** have
A
49. The following land is not obtained through the transfer of state-owned land use rights: ( ) A commercial housing land B entertainment land C commercial land D urban infrastructure land
D
"Urban infrastructure land" Obtained by transfer. See Article 137 of the Property Law.
50. House demolition must be carried out in accordance with the law and in accordance with certain procedures. The following are not part of this procedure: ( ) A. Apply for a planning land use permit B. Prepare a demolition plan and program C. Apply for a house demolition permit D. Issue a demolition announcement
A
51． The maintenance funds of the building and its ancillary facilities belong exclusively to the owner and are used for ( ). A. Pay property management fees B. Owner's indoor equipment maintenance C. Greening maintenance in the community D. Maintenance of elevators in buildings
D
Please refer to Article 79 of the Property Law
52. The "Urban Real Estate Management Law" stipulates that when real estate is mortgaged, the ownership of the house and the land use rights within the occupation range of the house ( ) are mortgaged. A. To distinguish B． Must be at the same time c. You can ban D in sequence
B
53. The objects of real estate transactions do not include ( ). A. Real estate agency services B. Land use rights c. Land ownership of houses D. Ownership of above-ground buildings
A
54. The following are not within the scope of state-owned land ( ). A. Land in urban areas B. It cannot be proven that the disputed land belongs to the farmers' collective C. The berm area outside the river embankment D. Homestead
D
"Homestead" is collectively owned.
55． The agency that exercises ownership of state-owned land on behalf of the state is ( )A. State Council b. Ministry of Land and ResourcesC. National People's Congress D. President
A
56. Regarding the restrictions on pre-sale of commercial housing in the Urban Real Estate Management Law, which of the following statements is incorrect ( ) A. All land use rights transfer fees have been paid and the land use rights certificate has been obtained B. Hold a construction project planning permit C. The investment in development and construction funds reaches 20% of the total investment in the construction project D. Apply for pre-sale registration with the real estate management department of the people's government at or above the county level and obtain a commercial housing pre-sale license
D
57. A, B, and *** both contribute capital to purchase a house and rent the house to C. During the lease period, B wants to transfer his share of ***, and now both A and C express their willingness to purchase, then the house ( ) A. Under the same conditions, A has priority in purchasing B. Under the same conditions, C has the priority to purchase C. Under the same conditions, B decides who to sell to D. Based on the actual situation of A and C, who will purchase depends on the actual needs of both parties.
Choose A
A and B have a *** relationship; B and C have a rental relationship; this Both A and C have preemptive purchase rights, but my country’s property rights law stipulates that under the same conditions, the first owner’s purchase right takes priority over the lessee. Therefore, under the same conditions, A has priority in purchasing.
On May 58, Wan sold the rented house, and then informed the lessee Qi and asked him to cancel the lease. Qi refused to cancel the lease and did not offer to buy it. So Wan refused to pay the rent and the stalemate lasted for half a year. Later, the house was bought by Qiu. Qiu asked Qi to move out, but Qi ignored it. Qiu then asked Wan to evict Qi. Wan believed that the house no longer belonged to him and had no obligation to evict Qi. How should this case be handled ( )
A The house sales contract between Wan and Qiu is invalid. B The house sales contract between Wan and Qiu should be revoked. C The house sales contract between Wan and Qiu is valid. Qi should cancel the lease. D. The house sales contract between Wan and Qiu is valid, and Qiu will succeed Wan as the lessor.
Choose D.
According to the principle of "sale and purchase does not break the lease", that is, if the lessee sells the house to others during the period of renting the house, it will not affect the validity of the lease contract. The new buyer must not deny the existence of a lease on the room.
Multiple choice questions ***20 questions
1. According to the provisions of the "Property Law", the following are the basis for handling adjacent relationships: ( ) A. Law b. Regulations c. Local customs D. Local customs
Choose ABCD.
CD is based on the principle of “public order and good customs” in the Property Law.
2. The owner’s differentiated ownership of the building is actually a composite right, which includes (). A． ***Has the right to b. Proprietary fractional ownershipC. ***Partially holds decentralized rights D. ***Membership rights with management
Choose ABCD.
For details, please refer to the relevant legal provisions on "Divided Ownership of Buildings" in Chapter 6 of the "Property Rights Law".
3. According to the provisions of the Property Rights Law, the scope of land use rights that can be established is land ( ). A． Over the sky B. Surface C． On the ground D. Underground
BCD.
Please refer to Article 136 of the Property Law
4. The following fall within the scope of "one book and two certificates" issued by the planning administrative department in accordance with the law (). A． Construction land planning permit B. Land use planning permit C. Real estate development opinion letter D. Construction Project Planning License
ACD
5. The necessary procedures for real estate transfer include (). A． Signing a contract b. Pay taxes C. Issuing the transfer of property rights D. Announcement
ABC
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6. According to the provisions of the "Real Estate Management Law", the transfer of real estate is prohibited Conditions include ( ). A． Administrative agencies make mandatory decisions to restrict real estate rights B. Recover land ownership according to law C. D. *** has real estate without the written consent of other *** persons. Situations where transfer is prohibited by local legislation
ABCD
7. The "Urban Real Estate Management Law" stipulates that the state implements the ( ) system. A． Real estate transaction price declaration B. Deed tax registration C. Citizens’ house purchase qualification certification D. Real Estate Price Assessment
BD
8. If the land is not developed within the agreed time limit for construction, the following treatments may be taken according to national laws ( ). A． Recover land use rights free of charge B. Forced to take back land use rights, but provide appropriate compensation C. A land idle fee equivalent to less than 20% of the land use right transfer fee can be levied D. A land idle fee equivalent to more than 20% of the land use right transfer fee can be levied
AC
9. Which of the following procedures for project construction application is correct ( ). A． Application for construction land planning permit should be made to the city's construction administrative department B. A construction project planning permit should be obtained from the city’s planning department C. A construction permit should be applied to the city’s construction administrative department D. You should first apply for a demolition permit from the city's planning department
ABC
10. In house demolition management, which of the following statements is incorrect ( ). A． Developers must apply for a house demolition permit B. Professional demolition units must be entrusted to carry out demolition C. The developer must sign a house demolition agreement with the people being demolished before they can demolish D. Compulsory demolition must go through legal procedures
ACD
11. According to the provisions of the Property Law, the following property ownership can only belong to the state: ( ) A. Mineral deposits b. Water flow c. sea ??area d. Land
ABC.
Land may be collectively owned.
12． The Urban Real Estate Management Law stipulates that the state implements the ( ) system. A． Real estate transaction price declaration B. Deed tax registration C． Citizens’ house purchase qualification certification D. Real estate price evaluation
BD
13. According to the provisions of the Property Rights Law, the scope of land use rights that can be established is ( ). A． Over the sky B. Surface C. On the ground D. Underground
BCD
14. The following are within the scope of "one book and two certificates" issued by the planning administrative department in accordance with the law (). A． Construction land planning permit B. Land use planning permit C. Real estate development opinion letter D. Construction Project Planning Permit
ACD
15. According to the "Urban Real Estate Transfer Management Regulations", the following are other legal methods of real estate transfer ().
A. Real estate valuation and investment B. One party provides the land and the other party provides the funds to build a house together C. Using real estate to pay debts D. Real estate gift
ACD
16. According to the provisions of the Property Law, the following properties are used as mortgages (). A. Buildings and other land attachments B. Construction land use rights C. Building under construction D. Land ownership
ABC
Please refer to Article 180 of the Property Law for specific provisions on the "scope of mortgaged property". In addition, please note: land ownership belongs to the state and cannot be mortgaged.
17. The owner's building division ownership is actually a compound right, which includes (). A. ***Has the right to b. Proprietary fractional ownershipC. ***Partially holds decentralized rights D. ***Membership Rights under Common Management
ABCD
18. If the land is not developed within the agreed deadline, the following actions may be taken according to national laws ( ). A. Recover land use rights free of charge B. Forced recovery of land use rights but appropriate compensation C. A land idle fee equivalent to less than 20% of the land use right transfer fee can be levied D. A land idle fee equivalent to more than 20% of the land use right transfer fee can be levied
AC
19. Which of the following procedures for project construction application is correct ( ). A. Application for construction land planning permit should be made to the city's construction administrative department B. A construction project planning permit should be obtained from the city’s planning department C. A construction permit should be applied to the city’s construction administrative department D. You should first apply for a demolition permit from the city’s planning department
ABCD
20. In house demolition management, which of the following statements is incorrect ( ). A. Developers must apply for a house demolition permit B. Professional demolition units must be entrusted to carry out demolition C. The developer must sign a house demolition agreement with the people being demolished before they can demolish D. Compulsory demolition must go through legal procedures
ACD