The answer to the case analysis of the intellectual property law self-study exam in July 20 13 is as follows: Question 45. A cultural company was set up to create TV plays.

1、

(1) The copyright of the script belongs to the cultural company. If Party A, Party B and Party D are employees of the company, the script belongs to job creation; If not, it belongs to commissioned creation. In either case, the copyright belongs to the organizer, which is the cultural company.

(2) As a member of the creative team, C only has the right of signature and has no right to authorize it privately.

2、

(1) If the evidence is sufficient, Party A can prove that its technology was produced before Party B applied for a patent and can be produced.

(2) As the patent belongs to Company B, Party A has no right to license it while the patent is still valid.

3、

(1) According to the title, the trademark should belong to geographical indications, and you can apply for registration of collective trademark or certification trademark. "Crispy pear" is a 3 1 category in international classification.

(2) According to the meaning of the topic, I want to answer no; However, the conditions given at present are seriously inadequate. According to the law, it can only be said that under normal circumstances, companies in the second place cannot be registered successfully.

The Trademark Law clearly stipulates that "if a trademark contains a geographical indication of a commodity and the commodity does not come from the area marked by the mark, it shall not be registered and prohibited from being used". If the cooperatives of Party A and Party B prove that the name belongs to geographical indication, the trademark of "Crispy Pear" of Company B will not be registered successfully, and other types of trademarks will have opportunities. (Please note that it is "will not be registered successfully" rather than "can't pass", because company B applies first, and in theory, it will be reviewed first, and it may pass the preliminary examination, and then it will be objected or revoked. )

There are also restrictions on place names in the trademark review standards. "Where the place name contained in a trademark is inconsistent with the location of the applicant, which may easily lead to misunderstanding by the public and have adverse effects on the judgment, the provisions of the Trademark Law shall be applied to reject it." But there are exceptions, such as "the name of the administrative division below the county level" is not restricted, that is to say, if A is only a village, then the trademark applied by Company B will have a chance to pass the preliminary examination; In addition, "the place name has other meaning and its meaning is stronger than the place name itself" also has a chance to be registered successfully, such as Huangshan and Honghu. And the second company also has the opportunity to register. Of course, the premise is that "crisp pear" or items other than A cannot prove that the name is a geographical indication.

Overall analysis, due to insufficient conditions, the trademark applied by the company still has the opportunity of "approval" in the second place.