Intellectual Property Basic Knowledge Test Paper
1. Fill in the blanks:
1. Intellectual property, also known as ________, refers to the rights and interests of citizens, legal persons or other organizations. In fields such as ________ and _______, it is mainly based on the legal enjoyment of ___________ for intellectual achievements created through mental work.
2. Intellectual property rights include __________________, ____________, _____________ and other intellectual property rights.
3. Intellectual property is a kind of ____________, and the confirmation or authorization of intellectual property must be stipulated by special national legislation.
4. Intellectual property rights are dual, ___________, ___________ and ____________.
5. The duality of intellectual property rights refers to the dual power of ___________ and ____________.
6. The principles of my country’s intellectual property law are: the principle of ____________, the principle of ____________ and the principle of __________.
7. Patents refer to __________, __________________, and __________.
8. The types of patents include ____________, ______________, and _______________.
9. Patent rights have five characteristics: _________, ___________, _______________, duality and openness.
10. To obtain a patent, you must possess ____________, __________, and __________. You can apply for a patent.
11. The principle of patent approval in my country is ____________________. The application date shall be determined based on a clear __________, otherwise the ____________________ issued by the Patent Office shall prevail.
12. After the inventor has a technical achievement, he must first apply for a patent and then publish a paper to avoid losing the opportunity to _____________ due to premature disclosure of the technology.
13. You can apply for a patent in two ways, that is, apply for a patent directly at _______________ or apply for documents by registered mail and entrust _______________ to handle the patent application.
14. Patents are only protected by law during the protection period. The protection periods of patents are: _____ years for invention patents, _____ years for utility model patents, and _____ years for appearance designs.
15. New _______ and its _____________ and ____________ can apply for invention patents.
16. Utility model patents can only be applied for when the product involves ___________, ________ or other __________.
17. As long as it involves the shape of the product, _____________ or their combination, as well as the combination of color, shape, and pattern, is aesthetically pleasing, and is suitable for industrial application, you can apply for a design patent.
18. Patent rights will not be granted for inventions and creations that violate __________, ___________ or hinder ___________.
19. Inventions and creations completed by executing the _________ of the unit or mainly using the ___________ of the unit are service inventions, and the right to apply for patents belongs to __________.
20. No ________ or _______ shall be suppressed for an inventor or designer’s non-service invention-creation patent application.
21. If a unit owned by the whole people transfers patent ___________ or _________, it must be approved by _______________.
22. If a Chinese entity or individual applies for a foreign patent for its invention or creation, it must be approved by ____________________.
23. To transfer patent application rights or patents, the parties ______ enter into a written contract, which shall take effect after _______________.
24. Before establishing a scientific research project and applying for a patent, __________ should be carried out to avoid duplication of research and infringement of other people's ________. A prior search can determine whether the technical achievements are likely to be patented.
25. To search for patents, you can go to the State Intellectual Property Office to search manually ______, or you can search ______ or search using a patent CD.
26. Any unit or individual who believes that the grant of a patent does not comply with the relevant provisions of _______________ may submit a _______________ request to the Patent Reexamination Board at any time after the patent grant decision is made _____.
27. The validity of a patent is maintained by paying _____________ every year. If it is not paid on time, _________ will be lost. Anyone can _____________.
28. The right to apply for a service invention patent belongs to the unit. As the patentee, the unit has the right to ________, ________, ________ and __________ its patent. The inventor (or designer) does not have these rights.
29. The inventor of a service invention patent enjoys the right to ___________ and obtain _______________.
30. If a patent infringement dispute occurs, you can ask the local Intellectual Property Office to handle it or file a lawsuit at _______________.
31. A trademark is a kind of ___________ used by commodity producers and operators in order to distinguish the _________ and _________ produced by themselves from other people's _____ and _________. .
32. Product names can be divided into ______________ and ______________.
33. Obtaining the exclusive right to use a trademark requires registration with _______________________.
34. Trademarks approved and registered by the Trademark Office are ____________, including __________, __________, collective marks, and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law.
35. Currently, the trademarks subject to compulsory registration by the state are _______________ and _______________.
36. Copyright is copyright, including two aspects: ___________ and ______________.
37. Copyright includes 17 rights including _______, _______, _______, ____________, copying rights, distribution rights, exhibition rights, performance rights, rental rights, adaptation rights, and broadcast rights.
38. Trademarks have the characteristics of ________, ________ and ________.
39. The unit that prints trademarks must have ____________ qualifications before it can undertake the business of printing goods. Otherwise, it is an illegal act and will be punished by ____________________.
40. Works published by Chinese citizens, legal persons or other organizations shall enjoy copyright in accordance with this law if they are published by ____________.
41. Service works are works created to complete the __________ specified by the unit, and the copyright belongs to _________. The unit has the right to use it within the normal scope of business.
42. Legal person works are works that are created _________ on behalf of a legal person or other organization and are _______ undertaken by the legal person or other organization. Copyright law is enjoyed by legal persons __________.
43. The right to publish and property rights of works are only protected for ______ years. Citizens' works are not protected after December 31st of the 50th year of _______; legal person's works are not protected after December 31st of the 50th year after ___________.
44. The right to use the work has ___________, which means there is no need to _______________ nor to pay _________.
45. Copyright infringement acts include: _________ without permission; treating works in collaboration with others as one's own without permission_____________; not participating in the creation, _________ on other people's works. ; 19 kinds of behaviors including _________, _________ other people’s works; ___________ other people’s works.
46. The English abbreviation of the World Trade Organization is _______. The international rule of ____________ that all member countries of the World Trade Organization abide by is the "Trade-Related Aspects of Intellectual Property Rights Agreement". The English abbreviation is _________.
47. The intellectual property fields covered by the "Trade-Related Aspects of Intellectual Property Rights Agreement" include _______, _________, geographical indications (name of origin), industrial products __________, _______ and their related rights, Undisclosed information (including trade secrets and confidential experimental data), _____________ and other intellectual property rights.
48. The basic principles of the Agreement on Trade-Related Aspects of Intellectual Property Rights are: ____________ principle, ______________ principle, ____________ principle.
49. Infringers of intellectual property rights must bear _________, stop the infringement, publicly apologize, and compensate for losses. Those of a serious nature will be held criminally responsible.
2. Multiple-choice questions:
1. my country’s Trademark Law stipulates that a trademark can be ( )
A combination of words, B letters or numbers, C colors D A combination of text and graphics
2. The patent right has ( )
A exclusivity B proprietaryness C regionality D temporality
3. Patent The legal responsibilities that the infringer should bear include ( )
A. Stop the infringement B. Make a public apology C. Compensate for losses D. Pursue criminal liability
4. Patent disputes include ( )
A Patent infringement dispute B Patent application right dispute C Patent ownership dispute D Service inventor reward and remuneration dispute, etc.
5. How should other disputes other than patent infringement disputes be handled ( )
A. Ask the local Intellectual Property Office for mediation. B. File a lawsuit in court. C. Submit it to the municipal government. D. Submit it to the arbitration committee.
6. Which of the following words or graphics cannot be used as trademarks ( )
A is the same as or similar to our country’s name, national flag, and national emblem;
B is the same as or similar to the name, national flag, national emblem, or military flag of a foreign country, except with the consent of the government;
C The same or similar names as the "Red Cross" and "Red Crescent" symbols;
D. Contains ethnic discrimination.
7. The scope of application of copyright in my country adopts the internationally accepted ( )
A principle of nationality B principle of geography C principle of equality D principle of reciprocity
8 , the etiquette principle of intellectual property law ( )
A. Principle of exclusivity B. Principle of paid use C. Principle of coordination of interests of all parties D. Principle of compliance with international practices
9. my country’s intellectual property legal system By ( )
A Basic Law of Intellectual Property B Related Laws C Administrative Regulations D Administrative Regulations
10. After invention and utility model patent rights are granted, unless otherwise provided by law, No unit or individual may, without the permission of the patentee, ( )
A manufacture, use, or sell its patented products for production and business purposes
B manufacture, use, or sell for national defense Its patented products
C manufacture, use and sell its patented products for teaching and scientific research
D or use its patented methods and use and sell products directly obtained according to the patented methods
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11. When licensing copyright to others, a situation contract must be entered into. The content mainly includes ( )
A. The right to use the license and whether it is exclusive;
B. The geographical scope and period.
C Payment standards and methods
D Liability for breach of contract
12. The following are within the scope of copyright protection ( )
A Art creation B Design drawings C Computer software D Oral writing
13. Which of the following authors are protected by copyright in my country ( )
A Chinese citizens, legal persons and organizations
B Works A foreigner who is the first to publish and distribute audio and video products in China
C A foreigner who performs live in China
D A foreigner who produces, copies and distributes audio and video products in China
14. Which of the following are violations of TRIPS provisions ( )
A. Exclusive grant-back conditions
B. Prohibition of questioning the validity of relevant intellectual property rights
C Compulsory blanket license
D When the patent expires, the buyer still has to pay, etc.
15. The main international conventions and agreements for the protection of intellectual property rights are roughly divided into Two categories ( )
A International conventions and agreements on industrial property: such as the "Paris Convention for the Protection of Industrial Property, etc."
B International conventions and agreements on copyright: such as " Berne Convention for the Protection of Literary and Artistic Works, etc.
C International conventions and agreements on human rights
D Other international conventions and agreements
3. True or False Questions :
1. Intellectual property rights refer to the rights to possess, use, dispose and benefit from the results of intellectual labor. It belongs to tangible property rights. ( )
2. Patent is a kind of property right. ( )
3. Inventions are patented and protected by law in all countries around the world. ( )
4. Public technology that is not protected by patents can be used by anyone. ( )
5. In my country, patents only include invention patents, utility model patents and design patents. ( )
6. No patent rights are granted for scientific discoveries, methods of diagnosis and treatment of diseases, rules and methods of intellectual activities, etc. ( )
7. Trademarks are the intellectual achievements of enterprises and do not belong to intellectual property rights. ( )
8. Copyright is copyright. ( )
9. If the copyright belongs to a citizen, it can be inherited according to the inheritance law after the citizen dies. ( )
10. The infringer should not be held criminally responsible. ( )
11. New varieties of animals and plants can be patented. ( )
12. When a company name changes, the exclusive right of the original trademark belongs to the company with the original name and cannot be naturally transferred to the newly renamed company. ( )
13. It is illegal to buy or sell goods with counterfeit trademarks. ( )
14. Works cannot be published in Braille.
( )
15. Chinese works can be translated into minority languages ??for domestic use. ( )
Answers to the test paper on basic knowledge of intellectual property
1. Fill in the blanks:
1. Intellectual achievement rights, exclusive rights in science, technology, culture and art
2. Patent rights, trademark rights, copyrights 3. Intangible asset rights
4. Exclusive geographical time 5. Property rights and personal rights
6. Encourage equal value paid and prohibit abuse of power
7. Invention and creation patent documents whose exclusive rights are protected by the patent law
8. Invention patents, utility model patents and design patents
9. Exclusive territoriality Timeliness 10. Novelty, creativity and practicality
11. First-to-file principle, postal date, receipt date 12. Application for patent
13. Patent agent of the State Intellectual Property Office 14, 20 10 10
15. Product manufacturing methods and usage 16. Combination of structure and shape
17. Pattern design 18. National laws, public interests, social ethics
19. Task material conditions of the unit 20. Individual unit
21. Superior authority for application rights and patent rights 22. Relevant authorities of the State Council
23. Patent office registration and announcement required 24. Patent search Patent rights
25. Internet access to the patent literature library 26. Invalidation of patent law announcements
27. Free use of patent rights with timely patent annual fees
28. Possession and use Disposal of signatures
29. Necessary remuneration for signature rights 30. Local people's court
31. Goods and services commodity service marks 32. Common names of goods and specific names of goods
33 , Trademark Office of the State Administration for Industry and Commerce 34. Registered trademarks, goods trademarks, service marks
35. Drugs and tobacco products for human use 36. Personal rights and property rights
37. Right of publication, right of signature, right of modification, right to protect the integrity of the work
38. Iconic commercial property 39. Trademark printing and industrial and commercial administration department
40. Whether or not 41. The author of the task himself
42 , Complete will and responsibility under the auspices 43. 50 Posthumously published for the first time
44. 12 situations in which the author’s opinion is solicited for payment
45. Published separately, signed, distorted, tampered with, plagiarized
46. WTO protects intellectual property rights TRIPS
47. Patent rights, trademark rights, design copyrights, new plant varieties
48. Transparency of national treatment, most favored fruit treatment 49. Civil liability
2. Multiple choice questions:
1. ABCD 2, ACD 3, ABC 4, ABCD 5, AB 6, ABCD 7, ABD 8, ABCD
9 , ABCD 10, AD 11, ABCD 12, ABCD 13, ABCD 14, ABCD 15, AB
3. True or False questions:
1, No 2, Yes 3, No 4, Yes 5, Yes 6, Yes 7, No 8, Yes 9, Yes 10, No 11, No 12, Yes 13, Yes 14fou