Volume 07: True Question
Both China and the United States are members of the World Trade Organization. The Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works and the Agreement on Trade-related Intellectual Property Rights are applicable to both China and the United States. Accordingly, which of the following options is correct?
The works first published by China people in China are protected by American laws in the United States.
B. Non-well-known trademarks registered by Americans in the United States but not in China are protected by the laws of China.
Patents obtained by Americans only in the United States are protected by the laws of China.
Both China and the United States should provide judicial relief to the obligee of the other country, but only in civil litigation.
"answer" a
Analysis of true questions
1. The Berne Convention for the Protection of Literary and Artistic Works implements the principle of automatic protection. No matter whether the works are protected in the country of origin, they can enjoy and exercise the rights stipulated in the laws and conventions of member countries without going through any formalities. The laws of the protectorate automatically protect literary and artistic works. So option a is correct.
2. Article 6 bis of the Paris Convention for the Protection of Industrial Property stipulates:
(1) All countries of the Union, if permitted by their domestic laws, shall, ex officio or at the request of the parties concerned, refuse or cancel the registration of the trademarks that are owned or once owned by the competent authorities of the country where the trademarks are registered and used on the same or similar goods, which are well known in that country and are likely to cause confusion and are prohibited from being used. Where the main part of a trademark constitutes a copy or imitation of the above-mentioned well-known trademark, which is likely to cause confusion, these provisions shall also apply.
(2) The request for revoking the trademark is allowed for at least five years from the date of registration. The countries of the Union may set a time limit within which a request for prohibition of use must be made.
(3) No time limit should be set for requesting cancellation of registration or prohibiting the use of maliciously acquired trademarks.
So option b is wrong.
3. Regarding item C, if this patent is to be patented in China and protected by the laws of China, it needs to apply to the Chinese Patent Office for a patent right, otherwise it will not be protected by the laws of China. So item c is wrong.
4. The Agreement on Trade-related Aspects of Intellectual Property Rights has civil, administrative and criminal procedures for the protection of intellectual property rights, so item D is wrong.
"Summary"
Comparison of Paris Convention for the Protection of Industrial Property, Berne Convention for the Protection of Literary and Artistic Works and Agreement on Trade-related Intellectual Property Rights;
Paris Convention for the Protection of Industrial Property, Berne Convention for the Protection of Literary and Artistic Works and Agreement on Trade-related Intellectual Property Rights.
The Convention on Geographical Location is not only the first worldwide multilateral convention in the field of intellectual property rights, but also the convention with the widest membership and the greatest influence on the protection of other worldwide and regional industrial property rights. The first worldwide multilateral international treaty in the field of copyright is also a copyright convention that has influenced so far. GATT Uruguay Round Negotiations 2 1 One of the Final Documents.
Based on the principles of national treatment, priority, temporary protection, independence of patent and trademark protection, national treatment, automatic protection, copyright independence, national treatment and most-favored-nation treatment.
Scope of application Invention patents, utility models, designs and trademarks protect the copyright of literary and artistic works; Copyright, trademark, geographical indication, industrial design, patent, layout design of integrated circuit and undisclosed information.