What are the means of settlement of international intellectual property disputes
A. Consultations
B. Mediation
C. Arbitration
D. Proceedings
E. International trade negotiations
5. What are the criteria for identifying trademark infringement
A. Same or similar trademarks
B. Same or similar commodities
C. Vulnerability to confusion
D. Complainant's malicious intent
E. Objective damage
What are the basic principles of international protection of intellectual property rights
A. Principles of national treatment
B. The most-favoured-nation principle
C. Priority principle
D. Principle of automatic protection
E. Principle of independent protection
What are the substantive requirements for patent applications
A. Innovative
Creativity
C. Practicality
Clarity
E. Specificity
What is the scope of “works” in copyright law
Written works
B. Oral work
C. Musical works
D. Works of art
E. Computer software
What are the main provisions of international intellectual property licensing contracts
A. Scope of licences
B. Duration of licences
C. Licence fees
D. Limitation clauses
E. Liability for breach of contract
What are the international cooperation mechanisms for intellectual property protection
A. World intellectual property organization
World trade organization (wto)
C. International intellectual property rights bureau (ipo)
D. Cooperation on customs protection of intellectual property
E. Cooperation in intellectual property law enforcement
Iii. Judicial questions (10 total, 2 points per issue, 20 points in total)
1. The patent cooperation treaty (pct) allows applicants to obtain patent protection in multiple countries through one application. (right)
2. Protection of copyright arises automatically without any registration or declaration. (right)
3. To be protected, trademark rights must actually use the trademark. (error)
4. In international intellectual property protection, all states must apply the same standards of protection. (error)
5. Patent holders have the right to prohibit unauthorized manufacture, use and sale of their patented products. (right)
The “reasonable use” regime in copyright law applies only to individual studies and research. (error)
7. Torts to trademarks must be presumed to be malicious by the plaintiff. (error)
The most-favoured-nation principle of international protection of intellectual property requires that a state must accord equal protection to all states. (error)
The substantive review of patent applications is an obligation that all states must fulfil. (error)
The main purpose of international intellectual property protection is to promote knowledge dissemination and economic development. (right)
Iv. Brief answers (total of 4 for 5 points each for 20 points)
1. Briefly describe the main principles of the paris convention for the protection of industrial property and their implications。
The main principles include the principle of national treatment, the principle of priority, the principle of independence, the principle of provisional protection, etc. The point is to harmonize standards for the protection of industrial property between member countries and to promote international trade and technology exchange。
Briefly describe the regime of “reasonable use” in copyright law and the conditions for its application。
Reasonable use means that under certain conditions, another person may use his work without a licence from the author of the work, without payment or only at reasonable cost. The applicable conditions include non-commercial use of personal studies, research, journalism, education and science。
Briefly describe the criteria for identifying trademark infringement and its main types。
Response: the criteria are identified as including the same or similar trademark, the same goods or similar, which can easily lead to confusion. The main types include both direct and indirect violations。
Briefly describe the most-favoured-nation principle in international intellectual property protection and its role。
Response: the most-favoured-nation principle requires that the intellectual property protection granted by one state to another should not be inferior to that accorded to other states. The role is to promote fairness and consistency in intellectual property protection and to prevent discriminatory protection。
V. Concluding issues (total of 4 5 points each, total 20 points)
1. The legal regime governing international intellectual property protection and its main international treaties。
Response: the international legal regime for intellectual property protection is primarily administered by the world intellectual property organization (wipo), and the main international treaties include the paris convention on the protection of industrial property, the universal copyright convention, the agreement on trade-related aspects of intellectual property rights (trips) and the patent cooperation treaty. These treaties establish the fundamental principles of national treatment, priority and independence and harmonize national standards for intellectual property protection。
A discussion of “moral rights” in copyright law and their protection。
The moral rights include the right to signature, the right to modify, the right to protect the integrity of the work, etc., and primarily the rights and interests of authors. The purpose of protection is to preserve the dignity and personality of authors and to promote cultural creation and dissemination。
3. Address the main types of international intellectual property licence contracts and their legal risks。
The main types include exclusive licences, exclusion permits, general permits, etc. Legal risks include unclear scope of the licence, unreasonable limitations and inadequate liability for breach of contract。
4. Address international cooperation mechanisms for intellectual property protection and their trends。
Response: international cooperation mechanisms include the coordination of international organizations such as wipo, wto, customs protection cooperation, law enforcement cooperation, etc. Trends include strengthening cross-border intellectual property protection, promoting digital intellectual property protection and improving international cooperation mechanisms。
[standard answer and resolution]
I. Single topics
1. A
The paris convention for the protection of industrial property primarily protects industrial property。
2. D
Response: patents require practicality and openness is not a condition of patentability。
3. B
The principle of national treatment requires that aliens be treated on an equal footing with their own citizens。
4. C
The minimum protection standard for trips is to prevent the registration of trademarks in bad faith。
5. D
The patent application is a right of the inventor and not of the author。
6. B
Response: arbitration usually applies the law of the place of arbitration。
7. B
Mental rights protect the author's personal rights。
8. C
Response: the absence of prominent features is a relative exclusion。
9. C
General licensing is the most common mode of licensing。
10. A
Response: the mfn principle requires no less than other countries。
Ii. Multiple options
1. A, b, c, d, e
The main international treaties。
2. A, b, c, d, e
Response: all are the principal rights of patent holders。
3. A, b, c, d
Response: all cases of reasonable use。
A, b, c, d, e
Response: both are solutions。
5. A, b, c, e
Response: all mark tort determination criteria。
6. A, b, c, d, e
Response: all are fundamental principles。
7. A, b, c, d, e
Response: both are substantive requirements。
8. A, b, c, d, e
It's all part of the work。
9. A, b, c, d, e
Response: these are the main provisions。
10. A, b, d, e
Response: international cooperation mechanisms。
Iii. Questions of judgement
Correct
Response: pct allows patent protection in several countries through one application。
Correct
Response: copyright protection is automatic and does not require registration。
Errors
Trademark rights holders are protected without the need for actual use。
Errors
Response: protection standards are not identical across countries。
Correct
The patentee has the right to prohibit unauthorized patenting。
6. Errors
Response: reasonable use applies in a variety of situations。
7. Errors
A: finds that the plaintiff is not required to be malicious。
8. Errors
Response: mfn treatment does not require identical treatment。
Errors
Response: not all countries undertake substantive reviews。
Correct
Response: the main objective is to promote knowledge dissemination and economic development。
Iv. Brief answers
1. Response: the main principles of the paris convention for the protection of industrial property include the principle of national treatment (which requires member states to treat foreign nationals on an equal footing with their nationals), the principle of priority (which allows applicants to obtain protection in multiple countries through one application), the principle of independence (which is independently reviewed and authorized by member states), and the principle of temporary protection (which requires that inventions that have entered the public domain prior to application remain protected in importing countries). The point is to harmonize standards for the protection of industrial property between member countries and to promote international trade and technology exchange。
2. Response: reasonable use means that, under certain conditions, another person may use his or her work without a licence from the author of the work, without payment or only at reasonable cost. The applicable conditions include non-commercial use of personal studies, research, journalism, education and science. The point is to balance the interests of authors and the public interest in society and to promote the dissemination of knowledge。
Response: the criteria for identification of trademark tort include the same or similarity of the trademark, the same or similarity of the goods, and the risk of confusion. The main types include direct torts (e. G. Unauthorized use of the same trademark) and indirect torts (e. G. Assistance to others)。
4. Response: the most-favoured-nation principle requires that one state accord intellectual property protection to another state in no way inferior to that of other states. The role is to promote fairness and consistency in intellectual property protection, prevent discriminatory protection and promote international trade and technology exchange。
V. Concluding issues
1. Response: the legal regime for international intellectual property protection is primarily governed by the world intellectual property organization (wipo), and the main international treaties include the paris convention on the protection of industrial property, the universal copyright convention and the agreement on trade-related aspects of intellectual property rights (trips) treaty on patent cooperation. These treaties establish the fundamental principles of national treatment, priority and independence and harmonize national standards for intellectual property protection. The point is to promote coherence and effectiveness in the protection of intellectual property rights globally and to promote international trade and technological innovation。
2. Response: mental rights include the right to sign, the right to modify, the right to protect the integrity of the work, etc., and primarily to protect the personal rights and interests of authors. The purpose of protection is to preserve the dignity and personality of authors and to promote cultural creation and dissemination. For example, authors have the right to prohibit others from distorting or altering their work and to ensure its integrity。
3. Response: the main types of international intellectual property licence contracts include exclusive licences (the licensee has exclusive use in the agreed area), exclusive licences (the licensee has exclusive use in the agreed area, but the licensor can use it on its own) and general licences (the licensee has non-exclusive use in the agreed area). Legal risks include unclear scope of the licence, unreasonable limitations and inadequate liability for breach of contract. For example, the lack of clarity in the scope of the licence may lead to disputes, and unreasonable limitations may prejudice the interests of the licensee。
Response: international cooperation mechanisms include the coordination of international organizations such as wipo, wto, customs protection cooperation, law enforcement cooperation, etc. Trends include strengthening cross-border intellectual property protection, promoting digital intellectual property protection and improving international cooperation mechanisms. For example, with the development of digital technology, international cooperation mechanisms need to be further refined to address new intellectual property rights abuses。
