Total score of test paper: 100 Examination time:-Test paper score: 100
Multiple choice problem
A, multiple-choice questions (*** 15 questions, *** 60 points. ) score: 60V 1.
Photographer A took a photo on March 1947. 1989 died on August 3rd; His son B first published A's works on1July 5, 998. 1Feb. 5, 999, without the permission of Party B, Party C included Party A's works in his Celebrity Photography Collection, and indicated Party A as the photographer in his works. In this example, c (
)
A. Infringement of A's copyright
B. infringed the copyright of B.
C. Infringe the copyrights of Party A and Party B..
D. Does not constitute infringement
Correct answer: D Full score: 4 points: 4 points.
2. As far as the related issues in the neighboring right system are concerned, the correct statement is ()
A. Newspapers and magazines enjoy exclusive publishing rights for their published works.
B. the performer's right is only a property right.
C. the performer's right is one of the neighboring rights.
Without the permission of the copyright owner, the video producer cannot use the work.
Correct answer: C full score: 4 points: 4 points
3. Film studio A makes a film of the novel "The World of mortals" published by B in the Literary Quarterly without authorization, then A ()
A. Party B's copyright has been infringed, but the copyright of Literary Quarterly has not been infringed.
B. Infringed the copyright of B and literary quarterly.
C. Works that infringe the copyright of Literary Quarterly, but not B only
There is no infringement of the copyright of Party B or Literary Quarterly.
Correct answer: Full score: 4 points: 4 points.
4. A TV station plans to broadcast the VCD disc of rabbit breeding technology published by others in the TV station "Get Rich" program, then the TV station ()
A. You don't need the permission of the VCD disc maker, but you must pay him.
You don't have to get permission from or pay remuneration to the disc maker.
C. You must obtain the license from the VCD disc manufacturer and pay remuneration to it.
D only with the permission of the VCD disc manufacturer, but no charge is allowed.
Correct answer: C full score: 4 points: 4 points
5. The meaning of publication mentioned in China's copyright law refers to putting the work ()
A. Publication and distribution
B. Make it public
C. Registration with the Copyright Bureau
D. fix in a certain material form
Correct answer: b Full score: 4 points: 4 points.
6.
On June/KOOC-0/998 65438+/KOOC-0/October/KOOC-0/,Liu Jiaoshou translated a law just promulgated by China into English, delivered it to the China Altar, and published it on June/KOOC-0/998/KOOC-0/. Liu Jiaoshou's translation is considered to be of high quality by the relevant state departments. After consultation with Liu, it was published on199865438+February 5 to make it an official translation. Liu Jiaoshou's translation (
)
A copyright has been enjoyed since 1998 65438+ 10/month.
B. Enjoy the copyright 1998 since June.
C. Enjoy the copyright from199865438+February 5th.
D. Enjoy the copyright of 1998 1 10 to1998 65438+February 5.
Correct answer: D Full score: 4 points: 4 points.
7. Duration of protection of signature right
A.50 years
B. The author's life and 50 years after his death
C. 50 years after the first publication of the work
D. unrestricted
Correct answer: D Full score: 4 points: 4 points.
8. In China's copyright law, the protection period of citizens' right to publish works is ().
A. the author's life plus 50 years after his death
B. 50 years after the project is completed
C. No restrictions
D. The author's life
Correct answer: Full score: 4 points: 4 points.
9. The copyright is obtained by ()
A. Create
B. Registration
C. Ratification
D. recognition
Correct answer: Full score: 4 points: 4 points.
10. Nanfang Youth Daily intends to select some articles from the essays published in the supplement Fangcaodi and compile them into an annual publication. Here, Nanfang Youth Daily ()
A. the consent of the original author of the selected article shall be obtained and the remuneration shall be paid.
B the applicant shall obtain the consent of the original author of the selected article, but need not pay the remuneration.
C. You don't need the consent of the original author of the selected article, and you don't need to pay the remuneration.
D it is not necessary to obtain the consent of the original author of the selected article, but the remuneration should be paid.
Correct answer: Full score: 4 points: 4 points.
1 1. A famous painter gave a picture he painted to B, and B left it at home. In an art exhibition, B exhibited the above paintings, and B's behavior ()
A. Infringed on A's right of authorship
B. Infringement of A's right to display
C. Infringement of A's distribution right
D. non-infringement
Correct answer: D Full score: 4 points: 4 points.
12.
A publishing house 1997 received a novel manuscript sent by a writer by registered mail on April 9th. By the same year1October 9 10, the publishing house had not given any reply. Under the above circumstances, which of the following statements is correct?
A. The silence of the publishing house should be regarded as having agreed to adopt it, and the writer has the right to ask the publishing house to formally sign a contract.
The silence of b publishing house should be regarded as disapproval, and the author only has the right to ask the publishing house to reject the manuscript.
C. The publishing house still has three months to decide whether to adopt it, and the writer has no right to ask the publishing house to sign or reject it now.
D if the publishing house fails to make a reply of adoption or rejection within the statutory time limit, the author has the right to ask the publishing house to return the manuscript and give economic compensation.
Correct answer: D Full score: 4 points: 4 points.
13. When studying in a university, Teacher A of a college obtained the test paper prepared by Professor B of the university, and then included it in the review guide he prepared and published it. Here, a (
)
A. no infringement, because the test paper does not belong to the applicable object of copyright law.
B. No infringement, because the test paper entered the public domain after the first exam.
C. infringement, because the test paper is the object of copyright law protection.
D. whether there is infringement or not depends on the specific situation.
Correct answer: D Full score: 4 points: 4 points.
14. Party A submits the work to B magazine. Without Party A's permission, Party B entrusts Party C to modify Party A's works, and then Party B's magazine publishes the works signed by Party C and Party A in its publications. Then ()
A.B infringes the copyright of A, but C doesn't.
B. B didn't infringe the copyright of A, but C did.
C.b and c both infringe the copyright of a.
Neither B nor C infringed the copyright of A..
Correct answer: C full score: 4 points: 4 points
15. The term of a copyright collective license contract is generally _ _ _ _ years.
A.5
B. 10
C. 15
D.20
Correct answer: b Full score: 4 points: 4 points.
Second, multiple-choice questions (* * 10 questions, *** 40 points. ) score: 40V 1. Legal license is divided into ()
A. exclusive license
B. Non-exclusive license
C. Sub-licensing
D. Others
Correct answer: AB full score: 4 points: 4 points.
2. The acquisition of copyright is generally _ _ _
A. The principle of automatic protection
B. Formalism
C. formalism
D. Registration and filing
Correct answer: AB full score: 4 points: 4 points.
3. Dramatic works ()
A.it refers to the whole play, not just the script.
B. only refers to the script, not the whole play
C refers to plays, operas, local operas, radio plays and other works used for stage performances.
D refers to radio dramas, TV dramas and other works used for stage performances.
Correct answer: BC full score: 4 points: 4 points.
4. Which of the following behaviors of the publisher should be recognized by the author?
A. book publishers modify and abridge works.
B. The book publisher modifies or abridges the content of the work.
C. newspapers and magazines modify and abridge works.
Newspapers and magazines modify or abridge the contents of their works.
Correct answer: BD full score: 4 points: 4 points.
5. The rights of performers include ()
A. Right to audio and video recording
B. Right to perform
C. performer's right not to be distorted
D. Right to live broadcast
Correct answer: ACD full score: 4 points: 4 points
6. The scope of fair use stipulated in the copyright law includes
A. Personal learning and use
B. A few copies for scientific research are used by researchers.
C. Appropriate quotes from current news commentary
D. Translation of works into Braille for publication
Correct answer: ABCD full score: 4 points: 4 points
7. The Copyright Law stipulates four personal rights of works, such as the right of signature. When understanding the right of authorship in the personal rights of works, the correct view is ().
A. the right of signature can only be enjoyed by the author.
B. if the author decides not to sign the work, it means that the author gives up the right to sign.
C during the existence of the relationship between husband and wife, the non-author party has the right to sign the other party's works.
D after the death of the author, the right of authorship is still protected by copyright law.
E. The right of authorship of a job work belongs to the citizen who created the work.
Correct answer: ABD full score: 4 points: 4 points.
8. Which of the following rights belongs to the copyright owner ()
A. Right of assembly
B. Right to display
C. Right to perform
D. Distribution right
E. publishing rights
Correct answer: ABCDE full score: 4 points: 4 points
9. (Multi-choice) Which of the following behaviors can be carried out without the permission of the author and without payment to the author?
A. A troupe held a benefit performance, donated money for the welfare of the disabled, and performed plays published by others.
B A university copies textbooks compiled by others to students for teaching needs, and collects fees.
C A writer translated other people's Chinese novels into minority languages and published them in China.
D. A company shoots sculptures of Gong * * * Square and makes them into pictures for distribution.
Correct answer: BC full score: 4 points: 4 points.
10. Personal rights of works ()
A. This is a right protected by copyright laws of various countries.
B it is a right that cannot be separated from the specific identity of the author or his sole copyright owner.
C. it can exist independently of the existence of copyright.
D In China, it includes the right of publication, the right of authorship, the right of revision and the right to protect the integrity of works.
Correct answer: BCD full score: 4 points: 4 points
Cai Dong Intellectual Property Law Homework 2 in the fall semester of 2009 (100)
Radio: BCAAD\CAAAB\BCCBB
Multiple choices: ABCD \ ABC \ ABCD \ AC \ ABC ABCD \ AB \ AC \ AB \ AB.
Cai Dong in the fall semester of 2009 intellectual property law online work 3.
Total score of test paper: 100 Test time:-Test paper score:
Multiple choice problem
A, multiple-choice questions (*** 10 questions, *** 40 points. ) score: 40V 1. Intellectual property is the right to one's own intellectual activities according to law.
A. Creativity
B. Creativity
C. novelty
D. uniqueness
Correct answer: Full score: 4 points: 4 points.
2. The transfer of a registered trademark is _ _ _
A. Compulsory transfer
B. Non-mandatory transfer
C. Fulfilling legal procedures
D. None of the above statements is true.
Correct answer: Full score: 4 points: 4 points.
3.
Party A and Party B are colleagues. Party A once commissioned Party B to create a play, and Party B agreed to create it out of kindness. However, the two sides did not conclude any written contract, nor did they make a clear oral agreement. B completes the manuscript on time and submits it to A for review. After reading A, B was asked to revise it. After Party A was transferred to other provinces because of his work relationship, Party B published his works in his own name after revision. After A knew it, he proposed that the copyright should belong to himself. According to the law, who owns the copyright of this play?
A. neither party a nor party b enjoys it.
B. Party A and Party B enjoy the same benefits.
C. Enjoy it alone
D. a person enjoys B.
Correct answer: D Full score: 4 points: 4 points.
4.
Middle school English teachers have accumulated decades of teaching experience and summed up a set of learning methods to improve their English level. The school assigned young teacher B to summarize A's learning methods into written materials for promotion. On the basis of listening to lectures and consulting A, B compiled materials introducing A's learning methods according to his own ideas. Later, at the request of the publishing house, B further processed the materials and wrote an English Learning Tips, signed by himself. After the book was published, A objected that the author of the book should be himself rather than B, and the school also objected that B's publishing behavior infringed the copyright of the proofreader's summary materials. Who should enjoy the copyright of this book?
A. it should belong to a.
B. it should be enjoyed by B.
C. Party A and Party B shall jointly undertake it.
D. It should be enjoyed by schools.
Correct answer: b Full score: 4 points: 4 points.
5.
Hangzhou Wahaha (Group) Co., Ltd. registered trademarks such as "Wahaha", "Wahaha", "Wahaha" and "Haha", which is beneficial to effectively protect its well-known trademark "Wahaha". These four trademarks constitute (
)
A. defensive trade mark
B. Collective trademarks
C. joint trademarks
D. combined trademark
Correct answer: C full score: 4 points: 4 points
6.
A, B and C collaborate to create a song. A wants to submit her work to a music magazine for publication. B objected on the grounds that the magazine published an article criticizing its work. C undecided. Which of the following statements is correct about this incident?
A. If Party B insists on opposing, Party A cannot submit the work to the journal for publication.
B whether party b objects or not, party a has the right to submit the work to the magazine for publication.
3. With the consent of Party C, Party A may submit the work to the journal for publication regardless of Party B's objection.
D if party c objects for the same reason, party a cannot submit the work to the journal for publication.
Correct answer: b Full score: 4 points: 4 points.
7. Which of the following acts carried out by the licensee of a registered trademark license contract constitutes trademark infringement?
A without the consent of the licensor, the name of the licensor is not indicated on the goods using the registered trademark.
Expand the use of trademarks to different kinds of goods without the consent of the licensor.
Without the consent of the licensor, the graphic of the trademark has been modified.
D continuing to use the trademark without the consent of the licensor after the expiration of the trademark license contract.
Correct answer: D Full score: 4 points: 4 points.
8. China's patent law stipulates that the limitation of action for patent infringement starts from the date when the patentee or interested party knows or should know about the infringement ().
A.6 months
B. 18 months
C. Yiji
D. Two years.
Correct answer: D Full score: 4 points: 4 points.
9. The grace period for the renewal of a registered trademark is ()
A.3 months
B. Two months
C.6 months
D. 1 month
Correct answer: C full score: 4 points: 4 points
10.
As far as property rights in intellectual property rights are concerned, the limitation of legal protection period is a basic feature, but not every property right in intellectual property rights has a time limit. According to the relevant provisions of the intellectual property law, the correct statement is (
)
A manufacturer's name right, trade secret and trademark right have a statutory protection period.
B the name right and trademark right of a manufacturer have a legal protection period, but the trade secret right cannot have a legal protection period.
C the name right, trade secret right and trademark right of the manufacturer are not protected in a specific period.
D the manufacturer's name right and trade secret cannot have a fixed protection period, while the trademark right has a legal protection period.
Correct answer: D Full score: 4 points: 4 points.
Second, multiple-choice questions (* * 15 questions, *** 60 points. ) score: 58V 1. Copyright restrictions include _ _ _
A. Limitation on the duration of protection
B. Geographical constraints
C. Capacity constraints
D. occasion restrictions
Correct answer: ABC full score: 4 points: 4 points
2. Copyright is the author's exclusive right to works in the field of ().
A. literature
B. Commercial activities
C. science
D. art
Correct answer: ACD full score: 4 points: 4 points
3. The following acts belong to infringement ()
A. Appreciate the works published by others
B. publishing other people's works without permission
C. distorting or tampering with other people's works
D. refusing to pay remuneration for using another person's work.
Correct answer: BCD full score: 4 points: 4 points
4. The author ()
A is a person who directly produces literary, artistic and scientific works.
B.it must be the person who signed the work.
C. is the main copyright owner.
D is the original and complete copyright subject.
Correct answer: ACD full score: 4 points: 4 points
5. Deduction right includes ()
A. Right of adaptation
B. Right to translation
C. Right to comment
D. Right to organize
Correct answer: ABCD full score: 4 points: 4 points
6. The contents of a trademark licensing contract include
A. objectives
B. quantity
C. Quality
D. subjects
Correct answer: ACD full score: 4 points: 4 points
7. Which of the following acts of A constitutes patent infringement?
A party a is entrusted by licensee b of the patent licensing contract to process some patented products.
B. Under the guidance of B, A produced the new product invented by B, and later B obtained the patent right of the product.
C. Party A is engaged in invention creation, and its invention covers the main technical features of Party B's patent, and Party A has implemented its own patent without consulting Party B..
D.a uses B's patent without B's permission.
Correct answer: CD full score: 4 points: 4 points
8. The reasons for invalid trademark registration are ()
A. Infringe on the preemptive right of others
B. Not in conformity with the existing legal provisions
C. Harmful to socialist morality
D. Exaggeration and deception
Correct answer: ABCD full score: 4 points: 4 points
9. The main rights of the trademark owner _ _ _
A. Right to use
B. Permission right
C. Right of transfer
D. Right of disposal
Correct answer: ABCD full score: 4 points: 4 points
10. Which of the following trademarks belongs to _ _ _ _ compulsory registration?
A. Tobacco
B. medicine
C. mechanical equipment
D. means of transport
Correct answer: AB full score: 4 points: 4 points.
1 1.
A company's "Great Universe" brand product has been selling poorly since it was put on the market, so it decided to advertise the product. After the completion of its advertising, it is considered that there are some false propaganda that is inconsistent with the actual situation, which may constitute unfair competition. The contents that belong to this kind of propaganda are (
)
A. Declare the ordinary "Cosmos" trademark as a well-known trademark in China.
B. Declare domestic "Great Universe" brand goods as imported products.
C. Declare "Big Universe" brand goods as household necessities
D declare that the domestic enterprises producing "Cosmos" brand goods are foreign-funded enterprises.
Correct answer: ABD full score: 4 points: 4 points.
12. according to the copyright law, which of the following acts should not only bear civil liability, but also be given administrative punishment by the copyright administrative department?
Publish a paper without the author's permission.
Making and publishing tapes of singers' performances without their permission.
Live broadcast of the piano player's solo concert without his permission.
Reproduction and distribution of videos produced by the producers of teaching videos without their permission.
Correct answer: BD full score: 4 points: 2 points.
13. The reason for the termination of the trademark right is ().
A. Being revoked
B. Natural termination
C. Not renewing the contract
D. revocation of the trademark office
Correct answer: ABCD full score: 4 points: 4 points
14. The following penalties for copyright infringement are _ _ _
A. Stop the infringement
B. Compensation for losses
C. Confiscation of illegal gains
D. Fines
Correct answer: ABCD full score: 4 points: 4 points
15. The restrictions of patent right include _ _ _
A. Time limit
B. Scope of use restrictions
C. Capacity constraints
D. Legal restrictions
Correct answer: AC full score: 4 points: 4 points
The answers have been distributed several times.