8. In copyright law, the duration of protection of the compilation is ()。
A. Fifty years after the author's lifetime plus death
B. 50 years after the author's lifetime plus death (as of 31 december of the 50th year following the first publication of the work)
C. 50 years after the author's lifetime plus death (as of 31 december of the 50th year after the writing of the compilation)
D. Permanent
9. Which of the following are not protected by geographical indications? ( )
A. Agricultural products in specific areas
B. Area-specific industrial products
C. Cultural products in specific areas
D. Area-specific services
10. Which of the following international conventions on the protection of intellectual property rights are not international treaties governed by the world intellectual property organization (wipo)? ( )
A. Paris convention for the protection of industrial property
B. Berne convention for the protection of literary and artistic works
C. Agreement on trade-related aspects of intellectual property rights (trips)
D. Patent cooperation treaty (pct)
Ii. Multiple choice topics (10 total, 2 points per question, 20 points)
1. Which of the following acts is a violation of copyright? ( )
A. Unauthorized reproduction and distribution of works of others
B. Unauthorized adaptation of works of others
C. Small reproduction of works of others for personal learning, research or appreciation
D. Unauthorized performance of others ' works
The protection of commercial secrets includes ()。
Technology information
B. Business information
C. List of clients
Processes
3. The patentee's rights include (...)。
A. Exclusive enforcement
Transfer of rights
C. Rental rights
D. Right to compensation for damages
4. Under copyright law, cases of reasonable use of a work include ()。
A. Small replication of works of others for personal learning, research or appreciation
B. References to the extent necessary for the presentation, comment or reporting of the work of others
C. Teaching small copies of others in school classes
D. Citations to the extent necessary for press coverage
5. The persons protected by geographical indications include (...)。
A. Agricultural products in specific areas
B. Area-specific industrial products
C. Cultural products in specific areas
D. Area-specific services
6. Which of the following international conventions on intellectual property protection are covered by the world intellectual property organization (wipo)? ( )
A. Paris convention for the protection of industrial property
B. Berne convention for the protection of literary and artistic works
C. Agreement on trade-related aspects of intellectual property rights (trips)
D. Patent cooperation treaty (pct)
Legal liability for violation of trademark rights includes ()。
A. Cessation of violations
Compensation for losses
C. Confiscation of proceeds of crime
Administrative penalties
The substantive review of patent applications includes ()。
A. Patent innovation
B. Patent creativity
C. Patentability
D. Patent legality
9. In copyright law, the concept of work includes ()。
Written works
Oral work
C. Musical works
D. Works of art
The principles of intellectual property protection include (...)。
A. Principle of independent protection
Principles of national treatment
C. The principle of voluntary protection
D. Principle of equitable protection
Iii. Judicial questions (10 total, 2 points per issue, 20 points in total)
The patentee may transfer his or her patent, but may not transfer a part of the patent. ( )
2. In copyright law, the duration of protection of a work is the same as that of the original work. ( )
3. The protection of geographical indications is limited to agricultural products. ( )
4. Commercial secrets must exist in writing. ( )
5. The initial examination of patent applications is mainly a review of the form of the application documents. ( )
6. When the application for registration of a trademark is rejected, the applicant can only file a complaint with the people's court. ( )
In copyright law, the reasonable use of a work does not constitute a violation. ( )
Among the international conventions on intellectual property protection, the agreement on trade-related aspects of intellectual property rights (trips) is administered by the world trade organization (wto). ( )
9. Legal liability for infringement of trademark rights includes civil, administrative and criminal liability. ( )
Patent holders have exclusive enforcement rights, i. E. Only patent holders can enforce their patents. ( )
Iv. Brief answers (total of 4 for 5 points each for 20 points)
1. A brief description of the constituent elements reasonably used in copyright law。
2. Briefly describe the criteria for determining trademark infringement。
Briefly describe the procedure for reviewing patent applications。
4. Brief description of international conventions on intellectual property protection and their main elements。
V. Concluding issues (total of 4 5 points each, total 20 points)
1. To discuss the current state of intellectual property protection in the country and the problems it poses。
2. Address the implications of strengthening intellectual property protection。
Address the current state of international cooperation and prospects for intellectual property protection in our country。
4. To discuss how to improve our intellectual property protection system。
[standard answer and resolution]
I. Single topics
1. C
Analysis: under article 42 of our patent act, the duration of protection of patent rights in inventions is 20 years and that of patent rights in practical new types and in visual design is 10 years, calculated from the date of application。
2. C
Analysis: under article 57 of the trademarks act, the unauthorized use of a trademark registered by another person, the use of a trademark similar to a registered trademark in the same goods and the use of a trademark identical to a trademark registered by another person in different goods are torts to trademarks. The reasonable use of an unregistered trademark for the purpose of presenting a commodity is not a violation。
3. B
Analysis: according to article 21 of the copyright act, the author's right to publish is protected for the author's life and for 50 years after his death, until 31 december of the fifth decade after the first publication of the work; in the case of cooperative works, until 31 december of the fifth decade after the death of the last partner。
4. D
Analysis: elements of commercial secrecy include: commercial value, confidentiality measures, and lack of public knowledge. Commercial secrets must not exist in writing。
5. B
Article 22 of our law on anti-improper competition stipulates that anyone who engages in false propaganda, deceives or misleads a consumer shall be ordered by the market supervisory authority to cease the violation, and shall be fined between $200,000 and $1 million; and, in serious cases, between $1 million and $2 million。
6. A
Analysis: the procedure for reviewing patent applications consists mainly of two stages of preliminary and substantive examination。
7. B
Analysis: under article 35 of the trademarks act, if the application for registration of a trademark is rejected, the applicant may apply to the trademark evaluation commission for review within 15 days of the date of receipt of the notice。
8. B
Analysis: the duration of protection of the compilation is 50 years after the author's lifetime plus death (as of 31 december, the fifth decade after the first publication)。
9. B
Analysis: geographic markers are protected only for agricultural products in specific areas。
10. A
Analysis: the paris convention for the protection of industrial property is an international treaty administered by the world intellectual property organization (wipo), but it is administered by the paris international union and is not directly administered by wipo。
Ii. Multiple options
Abd
Analysis: under article 10 of the copyright act, copyright includes the right to reproduction, adaptation, performance, etc. It is reasonable to reproduce a small number of others ' works for personal study, research or appreciation。
Abcd
Analysis: protection of business secrets includes technical information, business information, customer lists, process processes, etc。
Abc
Analysis: the rights enjoyed by the patentee include exclusive enforcement rights, transfer rights, rental rights, etc. The right to compensation for damages is a tort liability。
Abcd
Analysis: under article 22 of the copyright act, the reasonable use of a work includes the study, study or appreciation of a small number of copies of another's work, references to the extent necessary for the presentation, comment or reporting of another's work, teaching of a small number of copies of another's work for the school classroom, and references to the extent necessary for press coverage。
5. A
Analysis: geographic markers are protected only for agricultural products in specific areas。
6. Bcd
Analysis: the berne convention for the protection of literary and artistic works, the agreement on trade-related aspects of intellectual property rights (trips), the patent cooperation treaty (pct) are administered by the world intellectual property organization (wipo) and the paris convention for the protection of industrial property is administered by the paris international league。
Abcd
Analysis: legal liability for violation of trademark rights includes cessation of the violation, compensation for damages, confiscation of the proceeds of the violation, administrative penalties, etc。
Abc
Analysis: substantive reviews of patent applications include patent novelty, creativity and practicality。
Abcd
Analysis: the concept of work includes written works, oral works, musical works, works of art, etc。
10. Ab
Analysis: the principles of intellectual property protection include the principle of independent protection and the principle of national treatment。
Iii. Questions of judgement
1. X
Analysis: the patentee may transfer his or her patent or a part of the patent。
2. ×
The duration of protection of the compilation is 50 years after the author's lifetime plus death (as of 31 december, the fifth decade after the first publication of the work), unlike the duration of protection of the original work。
3. X
Analysis: geographic markers are protected only for agricultural products in specific areas。
4. ×
Analysis: commercial secrets must not exist in writing。
5. Tunnel
Analysis: the preliminary examination of patent applications is mainly a review of the form of the application document。
6. ×
Analysis: when the application for registration of a trademark is rejected, the applicant may apply to the trademark evaluation board for review or to the people's court。
7. Phew
Analysis: under article 22 of the copyright act, the reasonable use of a work does not constitute a violation。
8. √
Analysis: trips is administered by the world trade organization (wto)。
9. Phew
Analysis: legal liability for infringement of trademark rights includes civil, administrative and criminal liability。
10. √
Analysis: the patentee has exclusive enforcement rights, i. E. Only the patentee can enforce its patent。
Iv. Brief answers
1. The constituent elements reasonably used in copyright law include:
- use purposes: for personal study, research or appreciation; for the presentation, comment or reporting of the work of others; for teaching in the school classroom; for scientific research, software development, etc。
- scope of use: use to the extent necessary。
- object of use: works already published by others。
- use effects: without prejudice to the legitimate rights and interests of authors。
2. The criteria for identifying trademark infringement include:
- use of the same or similar trademark。
- use in the same or similar goods。
- easy to confuse。
- the possibility of commercial confusion。
3. Procedures for reviewing patent applications include:
- preliminary review: review of the completeness and compliance of the application document。
- substantive review: examination of the novelty, creativity and usefulness of patents。
- review: a review may be requested if the outcome of the review is contested。
4. International conventions on intellectual property protection and their main elements:
- paris convention for the protection of industrial property: protection of industrial property, including patents, trademarks, etc。
- berne convention for the protection of literary and artistic works: protection of literary and artistic works, including copyright。
- agreement on trade-related aspects of intellectual property rights (trips): protection of intellectual property in the field of trade。
- patent cooperation treaty (pct): simplifying patent application procedures。
V. Concluding issues
1. Current status and problems of intellectual property protection in the country:
- current situation: our system of intellectual property protection is constantly improving, our laws and regulations are gradually improving and our enforcement is increasing。
- problems: the vulnerability of violations, the high cost of defending rights, the lack of enforcement and the need for enhanced international cooperation。
2. Meaning of enhancing intellectual property protection:
- promote innovation and improve national competitiveness。
- protection of consumer rights and protection of market order。
- promoting economic development and improving the competitiveness of enterprises。
3. Status and prospects of international cooperation in the protection of intellectual property rights:
- status: my country actively participates in international intellectual property cooperation, accedes to numerous international conventions and cooperates closely with international organizations。
- prospects: further strengthening of international cooperation to improve the level of intellectual property protection and to improve the global intellectual property protection system。
4. How to improve our intellectual property protection system:
- improving laws and regulations and strengthening enforcement。
- reducing the cost and efficiency of advocacy。
- strengthen international cooperation to improve the global intellectual property protection system。
- raising public awareness of intellectual property rights and creating a good environment。
