According to the Outline of Intellectual Property Professional Knowledge and Practice (Intermediate) Examination for Economic Professional and Technical Qualification Examination issued by Ministry of Human Resources and Social Security Personnel Examination Center, the intellectual property major of intermediate economists takes an examination of intellectual property foundation, patent application, patent protection, patent application, trademark foundation, trademark use, trademark protection, copyright, geographical indications, trade secrets, layout design of integrated circuits, new plant varieties and genetic resources.
The purpose of the intellectual property examination for intermediate economists is to test whether the personnel understand the theoretical principles of intellectual property rights, master the professional working methods and technologies, understand the relevant laws and regulations of their major, and have the ability to use the above knowledge to engage in the practical work of intellectual property rights and create, use, protect and manage intellectual property rights scientifically and reasonably.
The contents of the intellectual property examination for intermediate economists are as follows:
1. Intellectual Property Foundation. Master the concept and object scope of intellectual property rights, be familiar with the main policies of intellectual property rights, distinguish the basic characteristics and essential attributes of intellectual property rights, be familiar with the relevant laws of intellectual property rights, master the acquisition methods of intellectual property rights, be familiar with the acts of infringing intellectual property rights, be familiar with the principles and methods of liability for civil protection of intellectual property rights, and be familiar with the legislative norms, measures, responsibilities and methods of undertaking administrative law enforcement and administrative adjudication of intellectual property rights. Familiar with all kinds of criminal acts of criminal protection of intellectual property rights, the concept and classification of intellectual property management, the contents and similarities and differences of main intellectual property management standards, the establishment process and methods of intellectual property management system, the improvement and authentication mechanism of intellectual property management system, the connotation and extension of intellectual property application, the ways and procedures of intellectual property transfer and licensing, and the connotation and extension of intellectual property public service and its development status. Familiar with intellectual property public service policies, institutional mechanisms and related standards, master intellectual property public service platforms, products, information, talents and other resources, understand the main principles of the international intellectual property system, be familiar with major international protection treaties of intellectual property rights, and master intellectual property protection in foreign trade.
2. Patent application. Distinguish the composition and specific requirements of application documents for patents for inventions, utility models and designs, master the contents of objects that are not patented and those that are protected by patents, distinguish the authorization conditions of inventions and utility models, master the authorization conditions of patents for designs, be familiar with the principles of patent reexamination, invalid request examination and legal reasons, be familiar with the rules of evidence in reexamination and invalid request procedures and the rules of amending patent documents, and master the acceptance, retrieval, preliminary examination and handling of international applications filed under patent cooperation treaties.
3. Patent protection. Master the scope of patent protection and its determination principles, distinguish the similarities and differences between patent application right ownership disputes and patent ownership disputes, master the types of patent infringement and infringement judgment principles, master the limitation of action and tort liability of patent infringement, be familiar with the types of patent contract disputes, master the types and characteristics of patent administrative disputes, analyze the similarities and differences of patent administrative adjudication, litigation, arbitration and mediation, master the types of overseas patent disputes, and be familiar with overseas patent dispute resolution strategies.
4. Patent application. Grasp the meaning of patent application, be familiar with the relevant policies of patent application, distinguish the main contents of patent industrialization, commercialization, financialization, competitive patent utilization and patent information utilization, understand the meaning of patent retrieval, master the skills of patent retrieval construction, be familiar with the steps and common strategies of patent retrieval, master the analysis methods and skills of core patents, key technology development routes, technical gaps and technical hotspots, and master the analysis methods of patent risk early warning. Be familiar with the meaning, types and legal effect of patent license, analyze the main terms of patent license contract, and use the skills related to patent license trade to master the meaning, conditions, procedures and operation points of patent transfer, the meaning, methods, processes, common risks and risk control mechanism of patent pledge, the meaning, common methods, product types and precautions of patent insurance, the meaning and process of patent layout, and the meaning, types and process of patent navigation.
5. Trademark Foundation. Distinguish the definition and characteristics of trademarks, be familiar with trademark types, the basic characteristics of China's trademark legal system, trademark registration, administrative adjudication institutions and law enforcement agencies, the revision process of the current trademark law, the principle of obtaining the exclusive right to register trademarks, the application and examination of trademark registration, the acceptance and substantive examination of trademark objection cases, the ruling results and relief channels of trademark objection applications, and the examination results of trademark registration. Master the acceptance, trial, legal procedures and consequences of trademark review cases, master the invalidation procedure, understand the basic concept of Madrid trademark international registration and the general situation of Madrid system, be familiar with the application of Madrid trademark international registration, understand the review of the territorial extension of Madrid trademark international registration, understand the handling procedures of the follow-up business of Madrid trademark international registration, and master the acceptance and trial of trademark administrative reconsideration.
6. Use of trademarks. Master the legal provisions on the renewal, alteration and transfer of registered trademarks, the cancellation and revocation of registered trademarks, the connotation and methods of trademark use, the licensing and pledge of registered trademarks, the improper use of registered trademarks, the cancellation of registered trademarks due to use, the printing of trademarks, the difference between trademarks and brands, the cultivation and promotion policies of trademark brands, the formulation and implementation of trademark brand strategies, and the positioning strategies of trademarks and brands.
7. Trademark protection. Grasp the significance of the protection of the exclusive right to use a registered trademark, understand the right restriction of the exclusive right to use a registered trademark, analyze the relationship between the exclusive right to use a registered trademark and other prior rights, master the judgment principles and factors of infringing the exclusive right to use a registered trademark, be familiar with the types of infringing the exclusive right to use a registered trademark, master the legal responsibility of infringing the exclusive right to use a registered trademark, and analyze the handling of infringing the exclusive right to use a registered trademark. Analyze the relationship between trademark violation and trademark infringement, grasp the legal significance of well-known trademarks, be familiar with the judgment standards of well-known trademarks, master the protection procedures of well-known trademarks, distinguish the similarities and differences between the protection of well-known trademarks and the protection of the exclusive right to use registered trademarks in general, understand the legal evolution, management, legal provisions and legal responsibilities of illegal agents, and master the early warning and emergency mechanism of overseas trademark risks of enterprises.
8. Copyright is familiar with the historical development of copyright system, the concept, elements and types of works, the concept, types and special provisions for the protection of folk literary and artistic works, the excluded objects of copyright, the types and effects of copyright registration, the subject of copyright, the ownership of copyright under special circumstances, the nature and conditions for the establishment of copyright collective management organizations, and the institutions, operation methods and legal responsibilities of copyright collective management organizations. Compare the differences between personal rights, property rights and neighboring rights of copyright, be familiar with the system of fair use of copyright, grasp the relationship between copyright transfer and license, understand the concept, characteristics and main contents of copyright transfer contract, analyze the similarities and differences between exclusive license, exclusive license and ordinary license, analyze the similarities and differences between intentional license, statutory license and compulsory license, be familiar with copyright pledge, capital market and securitization, master copyright infringement and its legal responsibility, understand the legal responsibility of network service providers, and understand technical measures and related.
9. Geographical indications. Understand the application subjects of geographical indication products and geographical indication registration as certification trademarks and collective trademarks, and be familiar with the application procedures of geographical indications, the substantive requirements of geographical indication protection, the legal use of special geographical indications, the constituent elements of the rights of geographical indication products and geographical indication registration as certification trademarks and collective trademarks, the behavior of implementing geographical indication rights, the types of geographical indication infringement and its legal responsibilities, the international protection system of major geographical indications, and the general situation, significance and understanding of the Sino-European geographical indication agreement.
10. Trade secrets. Master the constitutive requirements of trade secrets, be familiar with the formulation of trade secret management system, analyze the relationship between trade secret protection and market competition, master the constitutive requirements and manifestations of trade secret infringement, be familiar with the types and consequences of legal liability for trade secret infringement, and master the defense reasons for trade secret infringement.
1 1. integrated circuit layout design, new plant varieties and genetic resources, etc. Understand the main contents and concepts of integrated circuit layout design protection, familiar with the protection conditions of exclusive rights of integrated circuit layout design, familiar with the application procedures of integrated circuit layout design, familiar with the legal responsibilities of integrated circuit layout design, familiar with the contents, ownership and restrictions of new plant variety rights, familiar with the acquisition, invalidity and tort liability of new plant variety rights, and familiar with the protection and application of breeding innovation achievements. Master the concept, characteristics and value of genetic resources, be familiar with the protection and utilization of genetic resources in China and internationally, master the protection and utilization of traditional knowledge in China and internationally, be familiar with the protection system and utilization of folk literature and art in China and internationally, and master the concept, behavior and legal responsibility of infringing on trade names.
Tips: Due to the constant changes and adjustments of examination policies and contents, the above information provided by this website is for reference only. If you have any objection, please refer to the contents published by the authoritative department! Examination Outline of Agricultural Economics Professional Knowledge and Practice for Intermediate Economists in 2023
Format: PDF size: 6298.7kb Mind map for the protection of the exclusive right to use registered trademarks of intellectual property rights for intermediate economists in 2022.
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