National self-study examination questions on intellectual property law

The colorful nature is full of beauty, beauty shines in the diverse things, beauty jumps in time and space, waiting for beautiful eyes to capture and find! The following is the "National Self-Study Examination Questions on Intellectual Property Law" compiled by the editor for your reference. (Course code 00226) Part 1 Multiple-choice questions 1. Single-choice questions: This major question has 30 small questions, each small question is worth 1 point, and the total score is 30 points. Only one of the alternatives listed in each question best meets the requirements of the question, please select it. 1． Among the following international conventions, which stipulates that the author can obtain copyright on the date of completion of the work is A. "Patent Cooperation Treaty" B. "Berne Convention" c. "Convention Establishing the World Intellectual Property Organization" D. "Paris Convention for the Protection of Industrial Property" 2. According to my country’s Copyright Law, works should have: A. Creativity b. Expressive c. Novelty D. Originality 3. According to my country's Copyright Law, *the copyright of works belongs to A. Producer b. actor c. director d. Screenwriter 4. On the occasion of the 40th anniversary of the founding of the Beijing People's Art Institute, Lao She's "Teahouse" was staged, directed by Jiao Juyin and starring Yu Zhi, Lan Tianye and others. As a dramatic work, the copyright holder of "Tea House" is A. Lao She B. Beijing People's Art C. Jiao Juyin D. All actors 5. According to my country's Copyright Law, among the following statements about the author, the correct one is A. The author can be a robot B. The author cannot be a corporate organization C. The author can be a natural person or a legal person D. The author should be a person with full* capacity for action 6. According to my country's Copyright Law, among the following rights, the ones with time limits are: A. Right of signature b. Protect the integrity of works C. Right to amend D. Adaptation rights 7. According to my country's Copyright Law, the rights that crosstalk actors enjoy in their performances are called A. Performance rights b. Performer's rights c. Portrait rights D. Right of interpretation 8. Sun Zhi published an article in Journal A without making a statement on the reprint issue, and Journal B wanted to reprint the article. In this regard, which of the following statements is correct: A. Journal B may not be reproduced without Sun Zhi’s permission B. Without the permission of Journal A, Journal B cannot reprint C. Periodical B can reprint, but remuneration should be paid to Sun Zhi D. Journal B can reprint, but should pay remuneration to Journal A 9. Calligrapher Pan Yun inscribed a calligraphy for Wuhan Hotel and agreed to display it in the store. Xiancao Food Company took photos of the words and printed them on the packaging of its products without permission from Pan Yunhe Wuhan Hotel. Regarding the behavior of Xiancao Food Company, which of the following statements is correct: A. Infringed upon Pan Yun’s right of publication B. Infringement of Pan Yun’s right of reproduction C. Infringed upon the exhibition rights of Wuhan Hotel D. Infringement of the reproduction rights of Wuhan Hotel 10. Zhang Xiaowan created an ink painting "Peony" and it was purchased by entrepreneur Wang Lei at an auction. Wang Lei then asked his employee Li Xiaomei to copy the painting. The copy was placed in the office and the original was donated to the Beijing Municipal Museum for collection. The copyright owner of the ink painting "Peony" is A. Beijing Municipal Museum B. Li Xiaomei C. Zhang Xiaowan D. Wang Lei 11． According to my country’s Trademark Law, among the following options, which ones can be used as registered trademarks: A. Sweet candy food B. Crispy French fries C. Oil-absorbing kitchen paper D. Tiger Balm Stationery 12. The principles of trademark registration in my country are A. Comprehensive registration principle B． Use first principle C. Automatically effective principle D. Principle of voluntary registration 13. According to my country’s Trademark Law, the validity period of a registered trademark is A. 5 years b． 10 years c. 15 years D. 20 years 14. According to my country’s Trademark Law, the trademark applied for registration should have: A. Significance b. Originality c. Novelty D. Aesthetics 15. According to my country's "Trademark Law", the act of changing the registered trademark and putting the goods with the changed trademark back into the market without the consent of the trademark registrant is A. A legal act B. Behavior that infringes on the human rights of others C. The crime of counterfeiting registered trademarks D. Infringement of other people's trademark rights 16. According to my country’s Trademark Law, what is prohibited as a trademark element is A. Letter B. Smell c. sound d. Color combination 17. A started using the Dole trademark in 2014, and B started using the same trademark in 2015. A and B both submitted application documents to the Trademark Office for registration of the Duole brand trademark on March 1, 2016.

According to my country’s Trademark Law, the Trademark Office should A. Reject the application of two persons B. Announce the applications of A and B at the same time C. Announce A's application because A has been used first D. Applicants are determined by drawing lots 18. According to my country's Trademark Law, if a trademark registrant changes the registered trademark, the registrant's name, address or other registration matters on his own during the use of the registered trademark, the agency that has the power to order him to make corrections within a time limit is A. Court b. Trademark Office c. Local industrial and commercial administration department D. State Administration for Industry and Commerce 19. According to my country's "Trademark Law", among the following options, the signs that can be used as trademarks are A. National emblem b. Red Crescent C. Provincial administrative division place names D. School name 20. According to our country's legal provisions, a sign indicating that a commodity originates from a certain region and that the specific quality, reputation or other characteristics of the commodity is mainly determined by the natural factors or human factors of the region is A. Trade name B. Product trademark C. Geographical indication D. Well-known trademark 21. Among the following topics, the design patent rights can be obtained: A. Beverage packaging box B. Beverage recipe C. The taste of the drink D. The smell of the drink 22. Among the following options, the one that is not a characteristic of literary and artistic works is A. Collectiveness b. Long-term C. International D. Inheritance 23. Company A wants to apply for a patent for a manufacturing method of chip materials. It can apply for A. Invention patent b. Utility model patent C. Design patent D. Any type of patent 24. Penguin Company purchased Mango Company's chip for production and operation purposes. The chip contained Sun Company's patent. Penguin Company did not know that the chip was a patented product manufactured and sold without the permission of the patentee. In this regard, the following statement is correct: A. Penguin does not commit infringement B. Penguin has committed infringement but is not liable for compensation C. Penguin Company constitutes an infringement and is independently liable for compensation D. Penguin Company has committed infringement, but it shares liability with Mango Company*** 25. According to my country’s Patent Law, the scope of protection of design patent rights is A. , subject to the content of the claims B. The contents described in the examples shall prevail C. The contents of the description and abstract shall prevail D. The appearance design in the picture or photo shall prevail 26. According to my country’s Patent Law, the protection period of design patent rights is A. 5 years b. 10 years c. 15 years D. 20 years 27. According to my country's "Patent Law", the application documents submitted when applying for an invention patent should be based on the description, and the document that clearly and briefly defines the scope of patent protection is A. Summary of instructions B. Application form c. Request letter D. Claims 28. According to my country’s Patent Law, the patent rights that can be granted are: A. Archaeological discoveries B. Cultivation methods of new hybrid rice C. New species D. Methods of treating cancer 29. According to my country's "Patent Law", in the following situations, what is a service invention is: A. Inventions and creations made in the course of his/her job B. Inventions and creations based on one's own interests C. Inventions related to the original unit made one year after the termination of the personnel relationship D. Inventions and creations unrelated to work made using materials from public libraries 30. The examination system for utility model and design patent applications is A. Substantive examinationB. Formal review c. Formal review and substantive review D. Formal review or substantive review 2. Multiple-choice questions: This major question has 10 sub-questions, each sub-question is worth 2 points, and the total score is 20 points. At least two of the alternatives listed in each question meet the requirements of the question. Please choose them. There will be no points for wrong choices, multiple choices, or few choices. 31． According to my country's Copyright Law, published works can be used without the permission of the copyright holder and without payment of remuneration to the copyright owner, but the source of the work must be indicated in the following circumstances: A. The court uses the work to ascertain facts B. Use the work for personal study and research C. Take photos of sculptures installed in public places D. Appropriate citation of other people's works in order to comment on a certain work E. Copying a small amount of other people's works for classroom teaching 32. According to my country's "Copyright Law", among the following rights, the following are copyright property rights: A. Right of signature b. Performance rights c. Screening rights D. Broadcasting rights e. Right of information network dissemination 33. According to my country's "Copyright Law", unless the author declares in advance that the use is not allowed, the use that can be done without the permission of the copyright owner but requires payment of remuneration includes: A. After the work is published, other newspapers and periodicals reprint it B. Legislature copies other people's articles for legislative needs C. Compile short written works for the compilation of primary and secondary school textbooks D. After the work is published, the website disseminates it to the public through the information network E. If the sound recording has been legally recorded, make the sound recording again 34. Knight Food Company signed a registered trademark licensing contract with Red Shield Cafe, allowing Red Shield Cafe to use the registered trademark "Knight" on the food it provides.

In this regard, which of the following statements is correct: A. The licensing contract should be filed with the State Trademark Office B. Knight Company should supervise the food quality of Red Shield Cafe C. Knight Company is jointly and severally liable for the claims and debts of Red Shield Cafe D. Red Shield Cafe should label its food as produced by Knight Foods, Inc. E. Red Shield Cafe should label its food as produced by Red Shield Cafe 35. According to my country's Trademark Law, which of the following statements about the transfer of registered trademarks is correct: A. The transferor and the transferee should sign a transfer agreement and submit an application to the Trademark Office at the same time. B. The transferee shall ensure the quality of the goods using the registered trademark C. The transferor shall transfer all similar trademarks registered on the same goods together. D. The Trademark Office will not approve transfers that are likely to cause confusion or have other adverse effects. After the transfer of a registered trademark is approved, it will be announced, and the transferee will enjoy the exclusive right to use the trademark from the date of announcement 36. According to my country’s Trademark Law, the circumstances under which an invalidation request can be made for a registered trademark include: A. Obtaining registration by deception or other improper means B. Directly express the quality, main raw materials and functions of the product C. The same name and logo as the central state agency D. E. Shape resulting only from the properties of the commodity itself. Racist 37. According to my country's "Patent Law", the reasons why a patent right can be declared invalid include: A. Failure to pay patent annual fees as required B. Invention patents do not involve creativity C. Design patents belong to existing designs D. The modification of the application documents exceeds the scope recorded in the original application E. The design patent does not clearly show the claimed design 38. According to my country's "Patent Law", the following patent rights can be granted: A. A quick calculator B. A method of treating diabetes C. A drug for treating Alzheimer's disease D. A video phone E. A machine for gambling on the Internet 39. According to my country's "Patent Law", the circumstances that lead to the loss of novelty of an invention-creation applying for a patent within six months before the filing date include: A. Publications made public b. Use public C. Others leak the content without the applicant’s consent D. Published for the first time at a prescribed academic conference or technical conference E. 40. Exhibited for the first time at an international exhibition sponsored by the Chinese People's Government. Among the following international conventions, those involving unfair competition in the field of intellectual property include A. "Paris Convention" b. "Berne Convention" c. "Universal Copyright Convention" D. "Nice Agreement" E. "Trade-Related Aspects of Intellectual Property Rights" 3. Short answer questions: This major question has 4 sub-questions, each sub-question is worth 5 points, totaling 20 points. 41. Briefly describe the content of neighboring rights. 42. Briefly describe the circumstances under which a compulsory license to implement an invention patent or utility model patent may be granted. 43. Briefly describe the factors that should be considered in determining a well-known trademark. 44. Briefly describe the concept of trade secrets. Part 2 Non-choice questions 4. Case analysis questions: This major question has 3 small questions, each question is worth 10 points, and the total score is 30 points. 45． The painter Bai sold the original ink painting "Strange Mountains and Beautiful Waters" in his published album to Zhao. Zhao Lai planned to use this painting to hold an art exhibition together with the ink paintings of other painters he collected. After Bai learned about it, he immediately contacted Zhao Bai did not agree to the exhibition of the original "Strange Mountains and Beautiful Waters". However, Zhao insisted on the exhibition and also allowed Company A to display it on its website. After the exhibition, Company A made an album of all the exhibited works for sale on the website. A person believed that the actions of Zhao and Company A infringed upon his copyright in "Qi Shan Xiu Shui", so he filed a lawsuit in court. What rights did Zhao and Company A infringe on? Why? 46. A is from University A. Teacher, completed the dam energy-saving technology T1 in the scientific research project delivered by the school. Later, Company B entered into a technology entrustment development agreement with A, entrusting A to develop an energy-saving technology T2 for electric lamps for Company B, and paid A. Corresponding remuneration was paid, but the ownership of the intellectual property rights was not clearly agreed. A completed the tasks specified in the contract within the agreed time. Subsequently, A and Company B signed another cooperative research and development contract for a related technology T3, which was also not clearly agreed. Ownership of intellectual property rights. After the completion of the above contract, A applied for patents on Tl, T2 and T3 technologies in his own name. When University A and Company B learned of this, they believed that A had infringed on their patent application rights, so they sued A in court. . Excuse me: Who owns the patent application rights for Tl, T2 and T3 technologies? Why? 47. Company A has been using the registered trademark Tiantianle on toys since 2010, and Company B also used the registered trademark Tiantianle on its toys in the same year without knowing it. Company C is responsible for selling Company B’s toys, and Company D is responsible for selling Company B’s food. Company A issued the trademark to Company B, C, and D in 2014. Company B received an infringement warning letter in 2016 and filed a lawsuit against Company B, C and D in court.

I would like to ask: Do companies B, C, and D infringe on company A’s exclusive trademark rights? Why?