Test whether the candidate has the comprehensive ability and quality to engage in advanced intellectual property practice. Candidates are required to master and apply the theories, methods and skills of intellectual property rights, flexibly apply relevant policies and regulations, and carry out the creation, protection, application, management, supervision and research of intellectual property rights in depth and properly.
Professional knowledge and practice involved in the examination
This course has a variety of questions and a high degree of complexity of assessment points. Candidates need to comprehensively and flexibly apply relevant professional theories, policies and regulations to make reasonable and in-depth judgment, analysis or evaluation. The professional knowledge and scope of practice involved in the examination are as follows:
1. Intellectual Property Foundation. Including the overview of intellectual property system, the acquisition mechanism and protection mechanism of intellectual property; Intellectual property management of enterprises, scientific research institutions, universities, intellectual property finance, intellectual property assets evaluation and management, and intellectual property operation; The service ability of intellectual property companies has been improved, the service system of intellectual property companies has been modernized, and intellectual property companies have served major projects; Principles of international protection of intellectual property, international protection system of intellectual property, etc.
2. Patent application. Including patent application documents (claims, specifications, design patent applications), difficult legal issues in patent authorization procedures (patent protection objects, novelty and creativity), examination procedures and procedures for examining requests for invalidation, characteristics and procedures of international patent applications, etc.
3. Patent protection. Including the scope of protection of invention and utility model patents, the scope of protection of design patents, and the determination of patent infringement, are not regarded as patent infringement; Civil liability of patent infringement, burden of proof of patent infringement, defense of existing technology and design, limitation of action and compensation for losses of patent infringement, temporary measures before litigation and preservation of evidence before litigation; Fake patent behavior and its legal responsibility, investigation and punishment of counterfeit patent behavior, etc.
4. Patent application. Including the main content, process and operation practice of patent analysis and early warning; The management mode and construction of patent alliance, the operation mechanism of patent alliance, patent alliance and technical standards; The main types of patent navigation, the basic process of patent navigation, the operation practice of main types of patent navigation, etc.
5. Trademark Foundation. Including an overview of trademarks and trademark law, the basic characteristics of China's trademark legal system, the background and content of the revision of the current trademark law, trademark registration, administrative trial institutions and law enforcement agencies (changes before and after institutional reform); Principles and ways to obtain the exclusive right to use a registered trademark, trademark registration application, substantive examination of trademark registration application, trademark objection, trademark examination and trademark registration; Renewal, alteration and transfer of registered trademarks, and termination of registered trademarks (cancellation, revocation and invalidity); The basic concept of Madrid trademark international registration and the general situation of Madrid system, the application of Madrid trademark international registration (China is the country of origin), the examination of the territorial extension of Madrid trademark international registration (China is the designated country), the procedures for the follow-up business of Madrid trademark international registration, and the differences between international registration and national registration.
6. Trademark use management. Including the use of trademarks, licensed use of registered trademarks, pledge of registered trademarks, printing of trademarks and improper use of registered trademarks; The application of trademark brand strategy and the social responsibility of brand enterprises; The history and present situation of the establishment of trademark agency system, the management of trademark agency industry, and the management of trademark agency behavior by trademark law.
7. Protection of the exclusive right to use a registered trademark. Include that protection significance of the exclusive right to use a registered trademark, the right restriction of the exclusive right to use a registered trademark, and the relationship and treatment between the exclusive right to use a registered trademark and other prior rights. Determine the principle of infringement of the exclusive right to use a registered trademark, determine the factors of infringement of the exclusive right to use a registered trademark, the types of infringement of the exclusive right to use a registered trademark, the legal responsibility of infringement of the exclusive right to use a registered trademark, the handling of infringement of the exclusive right to use a registered trademark, and the relationship between trademark infringement and trademark infringement; The international regulations on the protection of well-known trademarks, the law enforcement practice of protecting well-known trademarks in China, the criteria for judging well-known trademarks, the protection procedures of well-known trademarks, and the similarities and differences between the protection of well-known trademarks and the protection of general trademark exclusive rights; China's foreign liaison agencies and their responsibilities in the early warning and emergency mechanism of overseas trademark risks of enterprises, the management and control of overseas trademark risks of enterprises, and the emergency mechanism to deal with overseas trademark risks.
8. Copyright includes the discrimination of copyright concept, the origin and development of copyright system, and the theoretical basis of copyright protection; The scope, duration and rights restriction of copyright protection; Copyright transfer, license and pledge, copyright capital market and securitization, copyright collective management; Criteria for judging copyright infringement, direct infringement and indirect infringement in copyright law, and remedies for copyright infringement; China copyright management organization and its evolution, national copyright development strategy and enterprise copyright development strategy; International protection of copyright and its new development, basic principles of international protection of copyright, adaptability of international protection of copyright to China's copyright system, copyright issues in Sino-US intellectual property disputes, etc.
9. Geographical indications. Including the subject of application for geographical indications, application procedures, substantive requirements and applications for the protection of geographical indications products, acquisition, use and management of geographical indications rights registered as certification trademarks or collective trademarks, and legal use of special geographical indications; The protection of geographical indication products is the protection of geographical indications registered as certification trademarks or collective trademarks; The protection mechanism of geographical indications of the World Intellectual Property Organization, the protection mechanism of geographical indications of the World Trade Organization, the protection system of geographical indications of major countries and regions in the world, and the overseas protection practice of geographical indications in China.
10. Trade secrets. Including the formulation of trade secret management system and the drafting of trade secret related contracts; The constitutive requirements and manifestations of infringement of trade secrets, the remedies for infringement of trade secrets, the types and consequences of legal liability for infringement of trade secrets, and the defense reasons for infringement of trade secrets.
1 1. integrated circuit layout design, new plant varieties and genetic resources, etc. Include that innovation and protection of IC layout design, the management and application of IC layout design right; Innovation and protection of plant varieties, management and application of new plant variety rights; Genetic resources, traditional knowledge, folk literature and art, trade names, etc.