Examinations and answers on the status of intellectual property protection and countermeasures at the national level
Length of examination: 120 minutes full: 100 minutes
I. Single-choice topics (10 total, 2 points each, 20 points)
1. Our patents act provides for a period of legal protection of the patent for inventions of () years。
A. 10
B. 15
C. 20
D. 30
2. Which of the following acts does not constitute a violation of trademark rights? ( )
A. Goods registered by another person without authorization
B. Manufacture of trademarks for production purposes
C. Use of trademarks similar to registered trademarks on the same goods
D. Identification and sale of “simulation xx” in brochures
In copyright law, the regime of “reasonable use” applies primarily to () situations。
A. Individual learning, research and use of others ' works
B. Citation of published works in press reports
C. Reproduction of teaching materials in educational activities
D. Applicable above
4. Which of the following elements do not constitute commercial secrets? ( )
A. Commercial value
B. Confidentiality measures for rights holders
C. Not known to the public
D. Must be in writing
5. The anti-improper competition act of our country provides for a maximum fine () to be imposed on an operator for false propaganda to deceive a consumer。
A. 5 million
B. 1 million
C. 5 million
D. $10 million
6. The procedure for reviewing patent applications consists mainly of () stages。
A. Preliminary and substantive reviews
B. Formal and substantive reviews
C. Preliminary review and review
D. Form review and review
7. The attribution of rights to job inventions is generally determined by () them。
Inventors
B. Patent claimants
C. Patent rights holders
D. Patent holder or unit
8. Which of the following may constitute a violation of the right to new varieties of plants? ( )
A. Authorized varieties for unauthorized reproduction
B. Use of authorized varieties for non-commercial purposes
C. Use of authorized varieties for breeding research
D. Description of varieties in the campaign
9. Which of the following international treaties on intellectual property protection is primarily provided for under the agreement on trade-related aspects of intellectual property rights (trips) in the framework of the world trade organization (wto)? ( )
A. Berne convention
B. Paris pact
C. Patent cooperation treaty
D. Agreement on trade-related aspects of intellectual property rights
10. The copyright act provides that the copyright to compile works shall be enjoyed。
Compilation
Authors of original works
C. Consultation between authors and compilers of original works
D. States
Ii. Multiple choice topics (10 total, 2 points each, 20 points)
1. What are the following characteristics of intellectual property rights? ( )
A. Occupancy
B. Timeliness
C. Geographicality
D. Physical
2. Violations of copyright may include (). (multiple selection)
A. Unauthorized reproduction of works
B. Unauthorized adaptation of works
C. Broadcasting of others ' works in public places
D. Use of small copies for individual learning
The protection of commercial secrets may include (). (multiple selection)
Technology information
B. Business information
C. List of clients
Processes
4. The patentee's rights include (...). (multiple selection)
A. Exclusive enforcement
Transfer of rights
C. Licensing
D. Right to litigation
5. What are the following types of unfair competition? (multiple selection)
A. Unauthorized use of the name of another person's business
B. Counterfeiting other-known trade-specific names
C. False advertising
Commercial bribery
The regime of “reasonable use” in copyright law applies primarily to situations. (multiple selection)
A. Individual learning, research use
B. Use in educational and teaching activities
C. Coverage of current affairs
D. Copying for personal collection purposes
7. The conditions for authorization of patent applications include (). (multiple selection)
A. Innovative
Creativity
C. Practicality
D. Full disclosure
8. Protection of the right to new varieties of plants includes (). (multiple selection)
Crop varieties
Forest species
C. Growers
D. Authorized varieties
9. Which of the following international treaties for the protection of intellectual property rights fall within the framework of the world intellectual property organization (wipo)? (multiple selection)
A. Berne convention
B. Paris pact
C. Patent cooperation treaty
D. Treaty on intellectual property rights in integrated circuits
What are the following types of “compiled works” in copyright law? (multiple selection)
A. Papers
B. Teaching materials
C. Database
Musical albums
Iii. Judicial questions (10 total, 2 points each, 20 points)
1. The patentee may execute his or her own patent or may license others to do so. ( )
Copyright belongs to the author, who may be a natural or legal person or an illegal person organization. ( )
Commercial secrets must exist in writing in order to be protected. ( )
4. Violations of trademark rights necessarily require subjective intent. ( )
5. The right to create a job is vested in the inventor by default. ( )
6. The protection period for new plant varieties is 15 years. ( )
7. Rational use of another person's work does not require a licence, but must be noted. ( )
8. In the patent application review process, the preliminary examination is preceded by the substantive examination. ( )
Among the international treaties on intellectual property protection, the berne convention primarily protects industrial property rights. ( )
The “reasonable use” regime in copyright law applies only to individuals. ( )
Iv. Brief answers (out of a total of 4 questions, 5 minutes each, 20 minutes)
Briefly describe the meaning of intellectual property protection。
2. Briefly describe the criteria for determining trademark infringement。
3. Brief description of the constituent elements of commercial secrecy。
Briefly describe the preliminary examination of patent applications。
V. Topics for discussion (total, 4 issues, 5 points each, 20 points)
1. Address the current state of intellectual property protection in the country and its main issues。
2. Address the status and trends of international cooperation in intellectual property protection。
3. Address ways to strengthen the system of intellectual property protection for enterprises。
4. To discuss the scope of application and limitations of the regime of reasonable use of copyright。
[standard answer and resolution]
I. Single topics
1. C
Analysis: under article 42 of our patent act, the protection of patent rights to inventions is limited to 20 years。
2. D
Paradigm: a, b and c are violations of trademark rights, and item d is a legal forgery, provided that it is stated that it does not constitute a violation。
3. D
Analysis: the system of rational use applies to a wide range of situations such as individual learning, journalism, education, etc., which are covered by a, b and c。
4. D
Analysis: the constituent elements of commercial secrecy include commercial value, confidentiality measures, non-public knowledge, and unlimited form。
5. C
Analysis: article 20 of our anti-improper competition act provides for a fine of up to $5 million。
6. A
Analysis: the procedures for reviewing patent applications include two stages of preliminary and substantive review。
7. D
Analysis: the right to create a job is generally attributed to the unit or inventor, specifically by contract or by law。
8. A
Analysis: unauthorized reproduction of authorized varieties is a violation of the right to new varieties of plants。
9. D
Analysis: trips is an intellectual property agreement under the wto, and a, b and c are treaties under the wto。
10. A
Analysis: the authorship of the compilation is enjoyed by the compiler, subject to respect for the authorship of the original work。
Ii. Multiple options
A, b, c
Analysis: the features of intellectual property rights include exclusivity, temporality, geography and non-physicality。
A, b
Diagnosis: c and d are reasonable uses。
A, b, c
Analysis: business secrets include technical information, business information, customer lists, etc。
4. A, b, c, d
Analysis: the patentee's rights include exclusive enforcement, transfer, licensing, litigation, etc。
5. A, b, c, d
Analysis: all of the above is an improper competition。
6. A, b, c
Analysis: reasonable use applies to individual learning, education, journalism, etc。
7. A, b, c
Analysis: the conditions for patent authorization include novelty, creativity and practicality。
8. A, b
Analysis: new plant varieties are protected by crops and wood species。
9. A, b
Analysis: trips is a treaty within the framework of wipo and c and d are other treaties。
10. A, b, c, d
Analysis: the above are of the type of compilation。
Iii. Questions of judgement
1. Twilight
Diagnosis: the patentee may execute or license the execution itself。
2. √
Analysis: copyright belongs to the author, who may be a natural, legal or illegal person's organization。
3. X
Analysis: business secrets need not necessarily be in writing, either orally or otherwise。
4. ×
Analysis: violations of trademark rights do not necessarily require subjective intent and can be constituted by objective conduct。
5. ×
Analysis: the right to create a job is vested in the unit by default。
6. ×
Analysis: protection of the right to new varieties of plants is 25 years old。
7. Phew
