A. Company a may require company b to pay compensation for its conduct prior to 3 july 2013
B. Company a's statute of limitations for the payment of appropriate expenses by company b is exceeded
C. B. Violated the patent of a. Rights
D. C. Did not violate the patents of a. Rights
The correct answer to this question:
Answer:
In fact, the protection of a technology, depending on the stage, may vary considerably in its approach and effect:
Disaggregated into three phases, two nodes:
Protection as a commercial secret before the technology is made public (by september 2011 in this topic)。
After the technology has been made public and before the patent has been granted (in this case, september 2011 to 3 july 2013), temporary protection is granted, i. E. During this period, if a third person uses the technology, the patent applicant is paid a fee (in this case the appropriate fee, not the compensation), in violation of the patent applicant's right to the technology, and the patent applicant can sue the infringer only after the patent has been granted。
3. After the technology was patented (after 3 july 2013), as patent protection。
Option a is wrong, and the appropriate fee is paid; in option b, the statute of limitations for appropriate costs is calculated from the date on which the technology was granted a patent, option c is clearly correct, and company b is still selling the same car as company a after 3 july 2013, thus violating company a's patent rights; and after 3 july 2013, company c uses the patented products of others without permission and assembles the car for sale, constituting a patent infringement. Remember that the protection of patent technology begins on the date of application and that the patent technology tort is after the date of patent authorization. If, after patent technology application, the third person's unlicensed use of the technology prior to patent authorization constitutes an undue gain, the patentee may request the third person to pay the appropriate cost of the use。
Example three:
Hagawa county is well known for its production. The district has established the kagawa county seng association, which has applied for registration of the “river” trademark, which is authorized for use on the zeng seng goods and is licensed for use by its members. The farmers who are members of the association will distribute to the federación supermarket a shipment of twigs packaged by the river brand. The supermarket also placed its own registered trademark, the "flammation union", on the beryllium wrapping when it sold the branch. Which of the following statements are correct
The “river” trademark is a collective trademark
The “river” trademark is proof of the trademark
C. The “river” trademark uses the names of administrative divisions above the county level and should be declared null and void
D. Non-violation of trademarks by the federaciÓn supermarket rights
This is the correct answer: ad
Answer:
In intellectual property law learning, it is important to understand and grasp some basic concepts, such as, for example, collective trademarks, also known as “group trademarks”, which are registered in the name of groups, associations or other organizations for use by members of the organization in commercial activities to indicate the user's membership in the organization. Proof of a trademark is a trademark that proves that the goods services under the trademark meet certain standards. Moreover, it needs to be noted that the essence of the trademark tort provided for in the trademarks act is to infringe upon the trademark identification function. The essence of the violation of the trademark right lies in the violation of the trademark's identification function. In this case, did the supermarket's branding of its own trademark impair the recognition function of the “river” trademark? Apparently not. Because the branding of their own sales does not prevent others from knowing that the producers of these branches are the producers of these branches in river county. Second, the role of the trademark is to prove that the goods services under the trademark meet certain standards and that the “river” trademark in this case is not reflected. And collective trademarks。
