The first part of the course evaluation description
1. Evaluation purpose
Assess students' ability to understand the basic theories, concepts and problems of intellectual property law and their ability to analyze cases.
2. Evaluation method
The final exam is over.
3. Scope of application and teaching materials
The scope of application of the final review guidance of this course is an elective course for adult education law majors.
Intellectual Property Law, textbook for examination questions, edited by Huang Qinnan; Published by Central Radio and TV University Press; July 2003, version 1.
4. Proposition basis
The proposition of this course is based on the syllabus, teaching materials and implementation opinions of the course of intellectual property law.
5. Examination requirements
The assessment of this course focuses on two aspects: basic knowledge and application ability, and mainly examines students' ability to understand the basic theories, concepts and problems of intellectual property law and their ability to analyze cases.
6. Type and proportion of test questions
The proportion of test items and scores is roughly as follows: multiple-choice questions (10%); Multiple choice questions (10%); Noun explanation questions (20%); Question and answer (32%); Essay question (14%). Case analysis questions (10%);
The second part focuses on the scope of the final review
Don't answer the questions inside the sealing line.
The first part is an overview of intellectual property law.
Chapter 1: Overview of intellectual property rights.
I. Key terms
intellectual property
Second, fully grasp.
1. The concept and characteristics of intellectual property, focusing on the legal nature of intellectual property.
Chapter II Overview of Intellectual Property Law
1. Grasp the concept and adjustment object of intellectual property law roughly.
Part II Trademark Law
I. Key terms
Trademarks, well-known trademarks and certification trademarks
Chapter I Overview of Trademarks
First of all, fully grasp.
1. The difference between a trademark and its neighbors and the classification of trademarks.
Chapter II Overview of Trademark Protection System
First of all, fully grasp.
1. Main contents of the revision of China Trademark Law.
Chapter III Trademark Rights
First of all, fully grasp.
1. The concept of trademark right;
2. Legal characteristics and contents;
3. Acquisition of trademark rights.
Third, focus on mastering.
1. Principles and methods of obtaining trademark rights;
2. Termination of trademark rights.
Chapter IV Trademark Registration
First of all, fully grasp.
1. Concepts and procedures of domestic and international trademark registration;
2. Principles and conditions of trademark registration.
Third, focus on mastering;
1. Apply the requirements, methods and procedures for applying for registered trademarks for trademark registration and change of registered trademarks.
2. The principles of trademark registration examination, application examination, reexamination, trademark objection, registration approval and procedures shall apply.
Chapter V Adjudication of registered trademark disputes and cancellation of improperly registered trademarks
First of all, fully grasp.
1. The concept of registered trademark dispute;
2. Use trademark dispute adjudication to solve trademark disputes;
3. The difference between the procedure for revoking an improperly registered trademark, the procedure for adjudicating disputes over a registered trademark and the procedure for objecting to a trademark.
Chapter VI Renewal and Use of Registered Trademarks
First of all, fully grasp.
1. Term of validity and renewal of the registered trademark;
2. The concept of registered trademark transfer;
3. Master and apply the system of registered trademark transfer;
4. The concept and significance of registered trademark license,
Second, pay attention to mastery.
1. In the form of registered trademark license, a registered trademark license contract can be used.
Chapter VII Trademark Management
First, master the concept of trademark management;
1. Use management of registered trademarks and unregistered trademarks, and use management of collective trademarks and certification trademarks;
2. Trademark printing management.
Chapter VIII Protection of Trademark Rights
First of all, fully grasp.
1. Concept, scope and methods of trademark protection;
2. Legal liability for trademark infringement;
3. Special protection of well-known trademarks.
Second, focus on mastering;
1. Use the concept and elements of trademark infringement to analyze and solve practical problems;
2. Forms and exceptions of trademark infringement in China.
Part III Patent Law
I. Key terms:
Patent transfer contract, patent implementation license contract, video product service invention design
The first chapter is an overview.
First of all, fully grasp.
1. The concept of patent;
2. The nature of the patent right;
3. The characteristics and functions of the patent system.
Chapter II Object of Patent Right
First of all, fully grasp.
1. Concepts and types of inventions;
2. Master the concept and characteristics of utility model;
3. The difference between utility model and invention;
Master the concept and protection mode of industrial product design.
Third, focus on mastering.
1. Content for which no patent right is granted.
Chapter III Substantive Conditions for Granting Patent Right
First of all, fully grasp.
1. The concept of essential conditions and the conditions of novelty, creativity and practicality.
Chapter IV Patent Applicants and Patentees
First of all, fully grasp.
1. Concept and scope of patent applicant and patentee;
2. Ownership of patent right;
3. The concepts of inventor and co-inventor and their legal status;
4. The concept and identification of service invention.
Chapter v rights and obligations of patentees
First, focus on mastering
1. Rights and obligations of the patentee;
2. Rights of service inventors.
Chapter VI Patent Application and Approval Procedures
First of all, fully grasp.
1. Principles of patent application;
2. Apply for a patent by using the procedures and documents of patent application;
3. Examination and approval procedures for patent applications in China.
Chapter VII Duration, Termination and Invalidity of Patent Right
First of all, fully grasp.
1. Duration, conditions, procedures and consequences of termination and invalidation of patent right.
Chapter VIII Protection of Patent Right
First, focus on mastering
1. Scope of protection of patent right and interpretation rules of claims;
2. The concept and manifestation of patent infringement;
3. Use basic theory to judge patent infringement and legal liability of patent infringement.
Part IV Copyright Law
I. Key terms
Fair use of exhibition right, neighboring right and copyright of assembly works, and legal license of copyright use.
Distribution right
The first chapter is an overview.
First of all, fully grasp.
1. The concept of copyright;
2. Legal characteristics;
3. Basic principles of copyright law.
Chapter II Object of Copyright
First, focus on mastering
1. The meaning and composition of the work;
2. Classification of works and articles that are not protected by copyright.
Chapter III Copyright Owners and Their Rights
First of all, fully grasp.
1. The concept and types of copyright.
Second, pay attention to mastery.
1. The right to use the copyright owner;
2. Duration of copyright protection.
Chapter IV Ownership and Exercise of Copyright
First, master the general principles of copyright ownership and the copyright ownership of different works.
Second, pay attention to mastery.
1. Inheritance and transfer of copyright.
Chapter V Rights Related to Copyright
First of all, fully grasp.
1. The concept and legal characteristics of neighboring rights,
Second, pay attention to mastery.
1. The concept of performers' rights and the content of rights and obligations;
2. The concept, rights and obligations of producers of audio and video recordings;
3. The rights of radio and television institutions and the rights and obligations of publishers.
Chapter VI Use and Limitation of Copyright
First, master the concept and main terms of copyright license;
2. Concepts and conditions of fair use of works;
3. Legal permission to use the work.
Chapter VII Administration of Copyright and Collective Administration
First of all, fully grasp.
1. The nature, functions and tasks of copyright collective management institutions.
Chapter VIII Copyright Protection and Law Enforcement Measures
First of all, fully grasp.
1. Analyze and solve the problem of copyright infringement by using the theory and elements of copyright infringement;
2. Civil liability for copyright infringement;
3. Conditions and methods of punishment for copyright infringement;
4. Criminal liability for copyright infringement;
5. Enforcement measures against copyright infringement.
Chapter IX Legal Protection of Computer Software
First of all, fully grasp.
1. Subject, object, content and ownership of computer software copyright.
Part V Other intellectual property protection systems
I. Key terms
Unfair competition, parallel import, commercial slander.
Chapter I Rights against Unfair Competition
First of all, fully grasp.
1. The concept and characteristics of unfair competition;
2. The relationship between anti-unfair competition and intellectual property rights.
Chapter II Right to New Plant Varieties
First of all, fully grasp.
1. Acquisition and content of variety right;
2. Application and approval of variety right.
Chapter III Right of Geographical Indications
First of all, fully grasp.
1. Legal liability for infringement of the right to geographical indications.
Chapter IV Right to Trade Secrets
First of all, fully grasp.
1. The concept and constitutive conditions of trade secrets;
2. Scope of trade secrets;
3. The legal nature and characteristics of the right to trade secrets;
4. Legal liability for infringement of trade secrets
The third part is comprehensive exercises.
I. Multiple choice questions
1. According to the provisions of the Copyright Law, other copyright owners refer to citizens, legal persons, unincorporated units or countries that enjoy copyright according to law except ().
A. Copyright owner B. Author
C. Subject of copyright D. Subject of copyright heir
2. Among many types of publishing houses, according to relevant laws and regulations, only () enjoys the statutory exclusive publishing right for its published works.
A, newspaper publisher B, periodical publisher
C, book publisher d, multimedia publisher
3. () Responsible for national copyright management.
A, the NPC Standing Committee B, the State Council
C. Court D. the State Council established the copyright administration department.
4. Berne Convention lists the author's () as the first protected property right of the work.
A, right of reproduction b, right of broadcasting c, right of translation d, right of public performance
5. China's copyright legislation began in the late Qing Dynasty, and the first copyright law in history was promulgated in ().
Clear copyright law.
a， 1899b， 19 19。
c， 19 10D， 1905
6. China's Copyright Law stipulates that the principle of () shall be adopted for the acquisition of copyright.
A, automatic acquisition B, registration acquisition
C. registration and release.
7, does not belong to the property rights of works have ().
A.b. right of reproduction
C. Right to perform D. Right to assemble
8. The period of protection for foreign practical works of art in China is () 25 years from the date when the works are produced.
A, finish B, release
C, use d, register
9. If the copyright belongs to a legal person or entity without legal personality, and after the legal person or entity without legal personality is changed or terminated, the right to use and receive remuneration for its work is within the protection period stipulated by law, and there is no legal person or entity without legal personality to undertake its rights and obligations, the copyright shall be enjoyed by ().
A. Copyright Administration B. Author
C. the original superior competent department of state d, legal person or unincorporated unit.
10, () in charge of national copyright-related management.
A, the NPC Standing Committee B, the State Council
C. Court D. the State Council established the copyright administration department.
1 1, the world's earliest laws and regulations on patent protection for inventions were promulgated by ().
A, 1474 Venice b, 1475 Venice
United Kingdom, 1474
12, () is one of the most basic rights of copyright.
A, right of reproduction B, right of distribution
C. Right of assembly D. Right of performance
13. In China, if the work is not published within () after creation, the copyright law no longer provides protection.
A, 50 years b, 30 years
C, 20 years d, 10 years
14, China citizens, legal persons or unincorporated units of the works, the copyright from the date of ().
A, first publication B, first publication
C, creation completed D, first public
15, () is not protected by China's copyright law.
A, oral works B, Quyi works
C, calendar, digital table D, map
16, does not belong to the personal rights of the work ().
A, the right to publish B, the right to modify
C, the right to protect the integrity of the work D, the right to copy
17, () is the author of audiovisual works such as movies.
A, director B, screenwriter
C, lyricist D, photographer
18, according to the provisions of China's copyright law, () is permanently protected by law.
A, the right to modify B, the right to copy
C. Deduction right D. Distribution right
19 and 1904, the Qing government promulgated the first trademark law in the history of China, namely ().
A. Trademark Law B. Provisional Regulations on Trademark Registration
C. Pilot articles of association for trademark registration D. Regulations on trademark management
20, according to the provisions of the newly revised Trademark Law, () can be used as a trademark.
A. Common name of this commodity B. Foreign place names well known to the public
C. Place names of administrative divisions at or above the county level D. Place names of other meaning.
2 1, in our country, in the trademark registration () to determine the ownership of the exclusive right to use a trademark.
A, first use principle b, first use principle, first use principle.
C, first use principle d, first use principle, first use principle.
22. The object of commercial slander is the competitor's ().
A, business secrets B, business interests
C, commodity quality D, business reputation
23, China's trademark registration application to ().
A, apply the principle of first, use the principle of first.
C, the principle of priority application is given priority, supplemented by the principle of priority use.
D, the principle of prior use is given priority to, supplemented by the principle of prior application.
24. universal copyright convention is an international convention on copyright protection initiated and signed by ().
A, Britain b, France
China d USA c
25, in our country, a registered trademark within 6 months before the expiration of the application for renewal of registration, can be given ().
Grace period.
A, 9 months b, 8 months
C, 7 months d, 6 months
26. If a registered trademark ceases to be used for three consecutive years, the Trademark Office shall order it to register it.
A, ordered to make corrections within a time limit B, ordered to make corrections or cancel within a time limit
C, ordered to make corrections within a time limit and cancel d, cancel.
27, China's trademark law stipulates that domestic trademark registration applicants do not include ().
A, legal person B, individual industrial and commercial households
C. Individual partnership D. All natural persons
28, China () is a well-known trademark recognition institution.
A. the State Council B. Local People's Government
C. State Administration for Industry and Commerce D. State tax authorities
29, China's patent law stipulates that two or more () products used in the same category and sold or used in sets can be filed as one application.
A, invention b, patent c, utility model d, design
30, China's "patent law" regulation, utility model and design patent application ().
A, substantive examination B, formal examination
C. Formal review and substantive review D. Formal review or substantive review
3 1. The protection period of China's invention patent right is 20 years, counting from the date of () patent.
A. Use B. Application
C. Award-winning D. Invention
32. The patent law of our country stipulates that the protection period of utility model patent right and design patent right is () years from the date of patent application.
A, 20 years b, 15 years
C, 5 years d, 10 years
33, () is the first international convention to protect industrial property rights.
A. Berne convention B. Paris convention for the protection of industrial property
C. universal copyright convention D. Rome Convention
34, utility model and design patent ().
A, adopt the registration system B, mainly adopt the registration system.
C, adopt the system of delayed review in advance; D, mainly adopt the system of delayed review in advance.
35, the basic principles of the Paris convention for the protection of industrial property rights do not include ().
A. Principle of national treatment B. Principle of priority
C, independent protection principle D, automatic protection principle
36, a patent application, an application claims, there should be () independent claims.
Item a, item b, two items
C, more than two d, at least one
37. According to the law of our country, the priority period of invention patents and utility model patents is ().
A, 3 months b, 6 months
C 9 months d 12 months
38, () is one of the most basic positive conditions for granting a patent.
A, creativity B, practicality
C, novelty d, applicability
39, the basic principles of the Paris convention for the protection of industrial property rights do not include ().
A. Principle of national treatment B. Principle of priority
C, independent protection principle D, automatic protection principle
Second, multiple choice questions
1, the personal rights of works include ().
A, right to copy B, right to broadcast C, right to publish D, right to modify
2. In China, the authors of audio-visual works are () and others.
A, director B, screenwriter
C, performer D, producer of sound recordings
3. The following () are works protected by China's copyright law.
A, law b, current affairs news
C. Oral works D. Dramatic works
4, based on the consumption of knowledge products, intellectual property is divided into ().
A, the right of creative intellectual achievements B, the right of industrial and commercial marking
C. Copyright D. Industrial property rights
5. Works of art include ().
A, painting B, calligraphy
C, sculpture d, architecture
6, the performer's personal rights have ().
A, recording and video recording the performance; B. Allow others to broadcast their performances live.
C, show the identity of the performer d, the performance image is not distorted.
7. The characteristic of copyright transfer is ().
1. The transfer of copyright is not the transfer of the property right of the original work.
There is a strict difference between the transfer of copyright and the licensed use of copyright.
C. There are many options for the content of copyright transfer right.
D the act of transferring the property right of a work shall be regarded as the simultaneous completion of the exercise of the personal rights of the work.
8, China's "patent law" provisions of patents such as ().
A, scientific discovery B, invention
C, design D, utility model
9, can't grant a patent ().
A, rules and methods of intellectual activities B, methods of disease diagnosis and treatment
C, animal and plant varieties D, substances obtained by nuclear transformation method
10, in our country, () there is no substantive review.
A, utility model B, design
C. apply the new d invention.
1 1. "Novelty" as stipulated in the Patent Law means that there was no identical invention or utility model before the filing date ().
A, published in foreign journals b, published in domestic journals.
C and D have been publicly used in China and are known to the public in other ways.
12, China's patent law stipulates that more than two () belong to a general inventive concept, but
Submit as an application.
A, invention b, patent c, utility model d, design
13, according to the use of trademarks, trademarks can be divided into ().
A, commodity trademark b, service trademark c, flat trademark d, three-dimensional trademark
14, the Anti-Unfair Competition Law stipulates that misleading representations of commodities include ().
A. fraudulent use of certification marks B. forgery of origin
C, misleading false representation of the quality of goods D, the act of forging famous brand marks.
15 cannot be used as a trademark in China ().
A, the common name and graphics of this trademark
B, with signs of ethnic discrimination
C, exaggerating propaganda and deceptive signs
D place names of administrative divisions at or above the county level or foreign place names known to the public
16, () may cause the registered trademark to be revoked.
1. Changing the words, figures or their combinations of a registered trademark according to law.
B changing the name, address or other registered items of the registered trademark registrant according to law.
C. transferring a registered trademark by itself; Cheat consumers by shoddy and shoddy.
17. At present, the final adjudication system of trademark confirmation in the world mainly includes ().
A, the highest authority of the final adjudication system B, the administrative final adjudication system
C, judicial final adjudication system D, judicial and administrative mixed final adjudication system
18, at present, the legislation of various countries stipulates that the acquisition system of trademark rights can be divided into () system.
A, using system B, registering system
C. Use and register the hybrid system D. Other systems
19, universal copyright convention has () basic principles.
A. National treatment B. Independent protection
C, non-automatic protection D, automatic protection
20, the characteristics of copyright transfer is ().
1. The transfer of copyright is not the transfer of the property right of the original work.
There is a strict difference between the transfer of copyright and the licensed use of copyright.
C. There are many options for the content of copyright transfer right.
D the act of transferring the property right of a work shall be regarded as the simultaneous completion of the exercise of the personal rights of the work.
Third, the noun explanation questions
Intellectual property rights, regional intellectual property rights, and rational use of copyright in assembly works
The right to display copyright, the trademark right of video products and the legal license of well-known trademarks.
Prove trademark patent license contract, commercial slander, neighboring right, patent transfer contract, distribution right.
Unfair competition, parallel import of designs, implementation of the exclusive right of service invention-creation, infringement of trade secrets.
Fourth, short answer questions
1. Under what conditions can a work be identified as a cooperative work?
2. What are the requirements for a job? 2
3. What conditions should a work protected by copyright law meet?
4. Briefly describe the copyright ownership and exercise of works jointly completed by two or more authors.
5. According to China's patent law, what happened within 6 months before the filing date without losing novelty?
6. What rights does the patentee enjoy in China?
7. What are the obligations of the patentee?
8. Features of design.
9. What is the function of a trademark?
10, what are the characteristics of the invention?
1 1. In our country's service invention-creation, what is the situation of the invention-creation completed by carrying out the tasks of the unit?
12. What is the examination procedure for trademark registration applications in China?
13. What are the main contents of trademark rights?
14. What are the constitutive requirements of trade secrets?
15. Conditions for claiming the priority of patent application according to the Paris Convention.
16, the constitutive elements of forgery.
17, Basic Principles of the Paris Convention for the Protection of Industrial Property.
18. Briefly describe what rights the trademark registrant enjoys.
19. Briefly describe the concept of patent infringement and its civil legal liability.
20. Briefly describe the requirements for applying for a registered trademark.
Verb (abbreviation of verb) On the Problems of Literature
1, the provisions of China's copyright law on the copyright of job works.
2. Discuss the objects that are not protected by China's copyright law.
3. Discuss the similarities and differences between utility model and invention in China patent law.
4. What is the difference between the exclusive right to use a trademark and the prohibition right to use a trademark in the scope of effect?
5. Analysis of the importance of signing a registered trademark license contract. What main terms do you think should be included and what problems should be paid attention to?
Six, case analysis questions
1. The Lotus Picture created by the famous painter Zhang was sold to Zhao in a charity auction. Later, at the request of an exhibition hall, Zhao sent the painting to the exhibition hall. In the exhibition, a publishing house saw this painting, so it negotiated with Zhao and reached an agreement, stipulating that the publishing house would copy this painting into an annual calendar for distribution, and Zhao received 15% of the distribution income. This calendar was discovered by Zhang after its release, and Zhang raised an objection.
Question: (1) Who should own the copyright of this painting?
(2) Zhao Can sent this painting to the exhibition. Can he copy it into an annual calendar for distribution and collect remuneration? why
What?
2.1On July 3, 1993, a factory successfully developed a kind of leakage and electric shock protection product. On July 25, it was trial-produced in small batches and sold well. Therefore, A factory submitted a patent application to China Patent Office on September 1 of the same year. Company B submitted a patent application for leakage protector to China Patent Office on August 20th, 20 10, with the application number of 1993. After examination by the Patent Office, the concepts, structures and performances of the two leakage and electric shock protection devices are the same or similar, so the patent application of Company B was identified and announced, and the patent application of Factory A was rejected. After obtaining the patent application, Company B immediately claimed that it was an infringement for Factory A to continue to produce such products, and demanded that Factory A immediately stop production and compensate for the losses.
Q: 1. Should the patent application be approved and awarded to Factory A or Company B according to law? Why?
2. Does the continuous production of Factory A constitute patent infringement on Company B? Why?
In order to improve the image of production and management, winery A plans to introduce a new wine, which is named after a famous historical legend. In order to carry out the pre-publicity work, the factory found a painting created by the famous painter B in historical legends, which can be printed on publicity materials. In order to help the pre-publicity of wine, the factory printed the painting on the pre-publicity materials after obtaining the consent of the painter and paying a certain fee. Due to the correct propaganda strategy and famous painting effect, this wine has become a well-known brand in several nearby provinces and cities. The winery then launched this painting as a decoration for the new wine, which made the marketing situation of the wine look good and the sales volume increased. Painter B thinks that winery A used the painting for the decoration of new wine without its consent, which violated its rights. For this reason, painter B filed an infringement lawsuit against winery A. ..
Q: Does Winery A infringe the rights and interests of painter B? Why?
A factory has a long history of producing certain food. Because of its good taste and popular decoration, this food has become a well-known brand in several nearby provinces and cities. When Factory B saw this situation, it also used the decoration of the food to introduce a new food. The name of the new food is different from the name of the factory, but ordinary consumers often misunderstand that it is the product of the same manufacturer. In this way, the sales of a factory are affected to a certain extent.
Q: (1) Did Factory B infringe the trademark rights of Factory A? Why?
(2) How should factories protect their rights and interests?
5. In Qiqihar City, Heilongjiang Province, Wang Yu 1990, 1 1 mailed the application document of utility model named "warm shoes" to the reception office of China Patent Office, with the postmark date of 1990, 1, and the reception office of China Patent Office received the document on April 6. In Beijing,1April 2, 990, Li directly submitted the same patent application documents for invention and creation as Wang, also known as the patent application for utility model of "warm shoes".
Q: How to deal with it? Why?