Ma Engineering Intellectual Property Law 2nd Edition Past Question Bank Information
This article is an excerpt, from the key learning network, with a total of 460+ questions in the question bank, including real questions and chapter exercises after class
Case analysis Mock exams (please refer to the detailed test), updated every year, excerpts from some of the information:
The following statement about service works is incorrect ( ).
a The author of a service work is the natural person who created the work.
b. The copyright of service works is enjoyed by the author.
c Within three years of the completion of the work, the author shall not permit a third party to use the work without the consent of the unit.
(d) The copyright of service works created by the legal person using the material conditions of the legal person shall be enjoyed by the legal person.
Answer] C Analysis] Item A, the author of the service work is the natural person who created the work, and the author of the legal person's work is a legal person or unincorporated organization that is "regarded as the author". b, the copyright of service works is generally enjoyed by the author, but legal persons or unincorporated organizations have the right to use them preferentially within the scope of their business. c, within two years after the completion of the work, without the consent of the unit, the author shall not permit a third party to use the work in the same way as the unit;Item (d) is mainly for engineering design drawings, product design drawings, maps, computer software and other service works created by using the material and technical conditions of a legal person or unincorporated organization, and for which the legal person or unincorporated organization bears responsibility, the copyright of which is enjoyed by the legal person or unincorporated organization, and the author only enjoys the right of authorship and the right to receive remuneration according to the agreement.
Among the following objects, the one that is protected by China's Copyright Law is ( ).
a Formulas from secondary school mathematics textbooks.
b Official English translation of the Food Sanitation Law of the People's Republic of China.
c A poem written by a primary school student.
d A factual message published in the Beijing News.
Answer] C Analysis] According to China's Copyright Law, the objects that are not applicable to the protection of the Copyright Law include: laws, regulations, resolutions, decisions, orders and other documents of a legislative, administrative and judicial nature, as well as their official translations. These documents are usually issued by official entities and have certain normative attributes, and in order to better serve the effect of providing behavioral guidance to the public, such documents need to be widely disseminated, so they are excluded from the scope of protection of the Copyright Law. Pure factual news refers to simple factual news disseminated through mass media such as newspapers, periodicals, radio stations, and television stations. From the perspective of encouraging information sharing and exchange, it is not appropriate to provide copyright protection for purely factual information. However, it should be noted that if the content of the news is specific enough to constitute a work such as news, newsletters, features, reports, etc., which contains the original labor of the copyright owner, it is not a simple factual information and can constitute an object protected by the Copyright Law. Calendars, tables of numbers, generalities, and formulas. These contents are not protected by copyright law, partly because some of them have fallen into the public domain, and partly because there are limited means of expression, and there is a mixture of "ideas" and "expressions".
The "work" referred to in China's copyright law has the characteristics of ( ) and so on.
a Represents intellectual achievement in the fields of literature, arts and sciences.
b Originality.
c Reproducible in some tangible form.
d Published.
e Independently created by a natural person.
Answer] ABC
Analysis] A work that is subject to protection under the Copyright Law is "an intellectual achievement in the fields of literature, art, and science that is original and can be reproduced in some tangible form". To constitute a "work" within the meaning of the Copyright Law, three elements should be satisfied: The work should be the embodiment of the creative results of human intelligence, and a purely natural product cannot constitute a work;The work should have originality, originality emphasizes the completion of independent creation, reflects the author's choice and judgment, and reaches a certain creative height, in which the intellectual component can not be too insignificant;The work should be reproducible, provided that the work is fixed in a certain external form and can be perceived by the outside world.
The subject matter that is not subject to the protection of the Copyright Law is ( ).
a Current news.
b News**.
c Essays by primary and secondary school students.
d Documents of a legislative, administrative and judicial nature.
e Tables for mathematics.
Answer] ade
Analysis] According to Article 5 of the Copyright Law, the objects that are not subject to the protection of the Copyright Law include: laws, regulations, resolutions, decisions, orders and other documents of a legislative, administrative and judicial nature, as well as their official translationsPure factual news, also known as current news;Calendars, tables of numbers, generalities, and formulas.
Among the following, the invention-creation that meets the definition of utility model is ( ).
a The secret ingredient for a new type of eye drops.
b A handbook on the new type of eye massage.
c A new method of eye massage.
d A new type of eye massage instrument.
Answer] D Analysis] Article 2 of the Patent Law stipulates: "A utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product." "Item a is undisclosed information and is not the subject matter of protection for utility models. Item B is the subject matter of copyright protection. Item c is a method innovation and is not within the scope of utility model protection. Item d conforms to the new technical scheme suitable for practical use proposed by the shape, structure or combination of the product.
According to the provisions of the Patent Law, the conditions that must be met to obtain a patent right for inventions and utility models are ( ).
a Novelty.
b Inventiveness.
c Practicality.
d Advanced.
e Peculiarities.
Answer] ABC
Analysis] One of the substantive requirements for patent grant is that the invention-creation contributes to the prior art or prior design, that is, it is novel, inventive and practical.
( ) Limited to the approved registered trademarks and approved goods.
a Business name rights.
b. The exclusive right to use a well-known trademark.
c Exclusive right to use geographical indications.
d The exclusive right to use a registered trademark.
Answer] D Analysis] The exclusive right to use a trademark refers to the exclusive right of the trademark registrant to enjoy the trademark. Article 56 of China's Trademark Law stipulates that the exclusive right to use a registered trademark is limited to the trademark approved for registration and the goods approved for use.
Company A has registered the trademarks of "Safeng" and "Saguang" in perfume, and now Company A is ready to transfer its registered trademark, and the following statement is correct ( ).
Company A can transfer the trademark "Safeng" to Company B.
Company B A can transfer the trademark "Saguang" to Company C.
C Company A can transfer the trademarks "Safeng" and "Saguang" to Company B.
Company D A can transfer the trademark "Safeng" to Company B, and the trademark "Saguang" to Company C.
Answer] C Analysis] If a registered trademark is transferred, the trademark registrant shall transfer the similar trademark registered on the same goods, or the same or similar trademark registered on similar goods. The trademarks "Safeng" and "Saguang" are similar trademarks registered on the same goods, and should be transferred together.
The characteristics of the exclusive right to use a trademark include ( ).
a Exclusivity.
b Regionality.
c Duration.
d Legitimacy.
e Consistency.
Answer] ABC
Analysis] The characteristics of the exclusive right to use a trademark include: Exclusivity refers to the exclusive right of the trademark registrant to use the approved registered trademark on the goods (services) approved for useTerritoriality means that the protection of the exclusive right to use a trademark is limited by its territorial scopeDuration refers to the term of validity of the exclusive right to use a trademark.
A has a product invention patent, and in order to expand production capacity, A wants to license Company B to produce the patented product while producing it itself. The following statements are correct ( ).
A A may license the patent exclusively to B.
b A may exclusively license the patent right to B.
c A may license the patent right to B in general.
d A may not exclusively license the patent to B.
e A may license the patent right to B in general and authorize B to sublicense a third party.
Answer] BCE
Analysis] Item A, exclusive license means that the patentee licenses others to implement its patented technology within the scope of the territory, term and method agreed in the contract, and the patentee shall neither license the patented technology to a third party nor implement the patented technology on its own.
Exclusive license means that the patentee licenses others to exploit the patented technology within the scope of the territory, term and method agreed in the contract, and may also exploit the patented technology on its own, but shall not separately license a third party to exploit the patented technology. Therefore, item B is correct and item D is incorrect.
CE, general license means that the patentee licenses others to implement the patented technology within the scope of the territory, term and method agreed in the contract, and the patentee can not only implement the patented technology on its own, but also still have the right to continue to license a third party to implement the patented technology.
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