Reasonable use of unregistered common names on product packaging for production business purposes
C. Counterfeiting domain name signs or domain names with some influence
D. Use of trademarks on the same commodity similar to other registered trademarks
3. Which of the following items of copyright law are outside the protection of copyright? ( )
A. The idea of independent completion
Photography
C. Computer software
Translation work
4. The constituent elements of commercial secrecy do not include (). (2 minutes)
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 for the fraudulent propaganda of operators who deceive or mislead consumers. (2 minutes)
A. 5 million
B. 1 million
C. 5 million
D. $10 million
6. Which of the following acts does not constitute violations of the right to new varieties of plants? (2 minutes)
A. Unauthorized reproduction of new plant varieties authorized by others
B. Use of new plant varieties for scientific purposes
C. Varieties of counterfeit new varieties of other plants
D. Use of new plant varieties in commercial advertising
7. Which of the following international conventions on intellectual property protection do not belong to the world intellectual property organization (wipo)-administered conventions? (2 minutes)
A. Paris convention for the protection of industrial property
B. Trips agreement
C. Universal copyright convention
D. Patent cooperation treaty (pct)
8. The trademarks act provides that registered trademarks shall be valid for a period of () years. (2 minutes)
A. 5
B. 10
C. 15
D. 20
9. Which of the following cases does the patentee have the right to request the withdrawal of the patent? (2 minutes)
A. Failure of the patentee to pay an annual fee
B. Submission of false documents by the patentee
C. Malicious prosecution by patentee
D. Non-payment of review fees by patent holders
10. What of the following evidence is not direct in the ipr tort proceedings? (2 minutes)
A. In kind of illicit commodities
B. Sale records of infringers
C. Witness testimony
D. Patent certificates
Ii. Filling in blanks (10 total, 2 points each, 20 points total)
Intellectual property rights (ips) have the characteristics of , and . (3 minutes)
The copyright act of the republic provides that the right to the right to publish works shall be protected for the duration of the author's life and years after his death. (2 minutes)
The constituent elements of commercial secrecy include: , and . (3 minutes)
The rights of the patentee include , and . (3 minutes)
Under our anti-improper competition act, operators are prohibited from acting at the expense of the legitimate interests of other operators and consumers. (2 minutes)
The protection of the right to new varieties of plants is years. (2 minutes)
The system of international protection of intellectual property consists mainly of and . (2 minutes)
The extension of the registered trademark is extended for years. (2 minutes)
Cases in which the patentee is entitled to request the withdrawal of the patent include and . (2 minutes)
The collection and fixation of evidence in intellectual property tort proceedings shall be governed by the principles and . (2 minutes)
Iii. Judicial questions (10 total, 2 points per issue, 20 points in total)
1. Works protected by copyright law must be original. (2 minutes)
2. Trademark rights holders have the right to prohibit unauthorized use of the same trademark on the same goods. (2 minutes)
3. The patentee has the right to prohibit unauthorized manufacture, use, promise of sale, sale and import of its patented products for the purpose of production and operation. (2 minutes)
4. The period of protection of commercial secrets is unlimited. (2 minutes)
5. New plant varieties have the same duration of protection as patents. (2 minutes)
6. The system of international protection of intellectual property consists mainly of international treaties and domestic laws. (2 minutes)
7. The renewal of registered trademarks may take place indefinitely. (2 minutes)
8. Cases in which a patentee is entitled to request the withdrawal of a patent include failure by the patentee to pay a review fee in time. (2 minutes)
9. The collection and fixing of evidence in intellectual property infringement proceedings should be guided by the principles of legality and timeliness. (2 minutes)
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). (2 minutes)
Iv. Brief answers (total of 3 4 points each, total 12 points)
Briefly describe the meaning of intellectual property protection. (4 minutes)
Briefly describe the distinction between patent and trademark rights. (4 minutes)
3. Brief description of the constituent elements of commercial secrecy. (4 minutes)
V. Application questions (total of 2 9 points each, total 18 points)
1. A company applied for an invention patent on 1 january 2020 and was authorized on 1 june 2021. Assuming that the company has not paid an annual fee, a brief description of the measures the patentee could take to avoid the termination of the patent and the relevant legal basis. (9 minutes)
When selling commodities, a commercial uses trademarks similar to well-known brands and in advertising exaggerates the usefulness of products and defrauds consumers. Briefly describe the legal liability that the business may face and indicate the relevant legal basis. (9 minutes)
[standard answer and resolution]
I. Single topics
1. C (the authorized duration of an invention patent is 20 years)
2. B (reasonable use of unregistered generic names on product packaging is not a violation of trademark rights for production business purposes)
3. A (the idea of independent completion does not fall within the protection of copyright)
4. D (the constituent elements of commercial secrets do not include writing requirements)
5. C (the anti-improper competition law of our country provides for a fine of up to $5 million for fraudulent propaganda by operators who deceive or mislead consumers)
6. B (the use of new plant varieties for scientific purposes is not a violation of the right to new plant varieties)
7. A (conventions of the paris pact for the protection of industrial property, administered by the paris union and not by the world intellectual property organization)
8. B (validity of registered trademark for 10 years)
9. D (where the patentee's failure to pay the review fee in time is not a case in which the patentee is entitled to request the withdrawal of the patent)
10. C (witness testimony is circumstantial)
Ii. Filling in the question
1. Intellectual property has geographical, temporal and proprietary characteristics。
2. 50 years (the right to publish is protected for the author's life and 50 years after his death)。
3. Elements of commercial secrecy include secrecy, value and confidentiality measures。
4. The rights enjoyed by the patentee include exclusive enforcement, transfer and licence rights。
5. Our anti-improper competition act provides that operators may not engage in false propaganda to the detriment of the legitimate interests of other operators and consumers。
6. Fifteen years (15 years for the protection of the right to new plant varieties)。
7. The international system of protection of intellectual property consists mainly of international treaties and domestic laws。
8. Six years (the extension of the registered trademark is six years)。
9. Cases in which a patentee is entitled to request the revocation of a patent include the patentee's failure to pay an annual fee and the patentee's failure to provide false documentation。
10. The collection and fixing of evidence in intellectual property rights tort proceedings should be guided by the principles of legality and timeliness。
Iii. Questions of judgement
1. (a work protected by copyright law must be original)。
√ (the trademark holder has the right to prohibit unauthorized use of the same trademark on the same goods)。
3. (the patentee has the right to prohibit the unauthorized manufacture, use, promise of sale, sale and import of his or her patented products for the purpose of production and operation)。
4. (the period of protection of commercial secrets is unlimited)。
5. × (the duration of protection of the right to new plant varieties is 15 years and the duration of protection of patent rights is 20 years)。
√ (the international system of protection of intellectual property consists mainly of international treaties and domestic law)。
Xx (the number of renewals of registered trademarks is limited, usually five)。
√ (circumstances in which the patentee is entitled to request the withdrawal of the patent include failure of the patentee to pay the review fee in time)。
9. (in the case of infringement of intellectual property rights, evidence should be gathered and fixed in accordance with the principles of legality and timeliness)。
10. X (the agreement on trade-related aspects of intellectual property rights (trips) is administered by the world trade organization (wto) and is not a convention administered by the world intellectual property organization)。
Iv. Brief answers
1. Meaning of intellectual property protection:
- protecting the legitimate rights and interests of innovators and stimulating innovation。
- promoting technological progress and economic development。
- to maintain market order and protect consumer rights。
- improving national competitiveness and promoting international exchange and cooperation。
2. Distinction between patent and trademark rights:
- different subjects of protection: patents protect inventions and trademarks protect brand names。
- the duration of protection varies: the duration of protection of an invention patent is 20 years and of a trademark right 10 years。
- different forms of acquisition: patent rights are subject to review authorization by the state intellectual property agency and trademark rights are acquired through registration。
3. Elements of commercial secrecy:
- secretity: commercial secrets must not be known to the public。
- value: business secrets must be of commercial value。
- confidentiality measures: right-holders must take reasonable measures of confidentiality。
V. Applications
1. A company applied for an invention patent on 1 january 2020 and was authorized on 1 june 2021. Assuming that the company has not paid an annual fee, a brief description of the measures the patentee could take to avoid the termination of the patent and the relevant legal basis。
- the patentee may pay an annual fee before the expiry of the patent in order to maintain the patent。
- the patentee may apply for a renewal, provided that the conditions prescribed by law are met。
- the patentee may transfer the patent in order to avoid termination of the patent due to non-payment of an annual fee。
2. When selling a commodity, a merchant uses a trademark similar to a well-known brand and in advertising exaggerates the usefulness of the product and defrauds consumers. Briefly describe the legal liability that the business may face and indicate the relevant legal basis。
- the merchant may face trademark tort liability, requiring cessation of the tort and compensation for damages。
- the merchant may face the duty of false propaganda, which needs to be stopped and the loss compensated。
- the business may face administrative penalties, including fines。
- relevant legal bases include the trademark act, the anti-improper competition act and the advertising act。
