1. A adapted B's novel into a screenplay with the consent of B, and C adapted the screenplay into a TV screenplay and published it without the consent of A and B. Which of the following statements about C's behavior is correct?
A. Infringed the copyright of A, but did not infringe the copyright of B..
B. Infringed the copyright of B, but did not infringe the copyright of A..
C. Does not constitute infringement
D. Infringement of the copyrights of Party A and Party B.
Answer: d
Analysis: See Articles 1 1, 12 and Article 45 (5) of the Copyright Law.
2. According to China's copyright acquisition system, which of the following options is in line with the situation of Chinese citizens' copyright?
A. automatically generated with the publication of the work
B. it is automatically generated with the completion of the creation of the work.
C. works are automatically generated after adding copyright marks.
D. the work is fixed after a certain material form.
Answer: b
Analysis: See Article 23 of the Regulations for the Implementation of Copyright Law. This article stipulates: "Copyright arises from the date of creation of a work and is protected by copyright law."
3. Which of the following options does not belong to the service invention-creation completed by performing the task of the unit as mentioned in the Patent Law?
A. Inventions and creations of on-the-job personnel in this unit
B. Inventions and creations in the course of one's work
C. inventions and creations other than those entrusted by the unit.
D. inventions and creations related to the work undertaken by the original unit after retirement.
A: A.
Analysis: See Article 10 of the Detailed Rules for the Implementation of the Patent Law. This article stipulates: "The service invention-creation mentioned in Article 6 of the Patent Law refers to: (1) the invention-creation completed in the course of one's own work; (2) Inventions and creations accomplished by performing tasks other than their own duties entrusted by the entity; (3) Inventions and creations made within 1 year after resignation, retirement or job transfer, which are related to the job undertaken by the original unit or the tasks assigned by the original unit. The material conditions of the entity mentioned in Article 6 of the Patent Law refer to its funds, equipment, spare parts, raw materials or technical materials that are not disclosed to the public. "
4. Which of the following is the correct understanding of "industrial property rights" in the Paris Convention for the Protection of Industrial Property Rights?
A. only applicable to industry and commerce itself
B. Suitable for industry, commerce and mining
C. not applicable to agriculture and all natural products.
D not only for industry and commerce itself, but also for agriculture and mining and all manufactured or natural products.
Answer: d
Analysis: See Item (3) of Article 1 of the Paris Convention for the Protection of Industrial Property, which stipulates: "Industrial property rights should be understood in the broadest sense, including not only industry and commerce itself, but also agriculture and mining, as well as all products manufactured or developed, such as alcohol, grains, tobacco leaves, fruits, livestock, mineral products, mineral water, mineral water, etc.
5. The "Tianxiajing" brand wine produced by a winery, the graphics, fonts and colors on the front and both sides of its packaging are similar to the packaging box of Marlboro brand cigarette registered in China, and the logo printed on its seal is similar to Marlboro cigarette. After finding out, the industrial and commercial bureau where the factory is located ordered the factory to stop selling this wine, collect all its outer packaging and impose a fine. Which of the following views is correct about this case?
A. The use of goods for decoration in the factory does not constitute infringement of the exclusive right to use trademarks of others.
B wine and cigarettes are not the same kind of products, so there is no infringement in this case.
C Marlboro is a well-known trademark, and the scope of protection should be expanded according to the Paris Convention for the Protection of Industrial Property.
D. In this case, the administrative department for industry and commerce has no right to investigate and deal with the Marlboro manufacturer without making a complaint.
Answer: c
Analysis: See Article 6 bis of Paris Convention for the Protection of Industrial Property Trademark: well-known trademark.
Second, multiple choice questions
1. The French inventor Clit applied for an invention patent in France on1October 20th, 1990. On September 30th, 199 1, Klett filed an application with the Chinese patent office for the invention and applied for priority. After Klitt, the invention was patented in France and China on February 3, 2005, February 3, 2005, February 3, 2005, and August 5, 2005. According to the patent law, the date of filing in China and the term of validity of the patent right are as follows?
A. 1990 10 October 20th
B.1991September 30th
C.20 10 10 October 20th
D 20 12 12 3 1 February
Answer: AC
Analysis: The priority period of this invention is 12 months. Where there is priority, the priority date shall be the filing date. The term of the invention patent right is 20 years, counting from the date of application.
2. Author A submitted his novel to B Publishing House for publication, but both parties never signed a publishing contract. Afterwards, the author signed an exclusive publishing contract with C Publishing House and delivered the book to C Publishing House for publication. Now B raises an objection to C, how should this case be determined according to law?
A.a's behavior belongs to multiple submissions, which infringes on B's rights.
B it is an infringement for party c to sign a publishing contract with party a while knowing that party b has published the book.
C it is not illegal for party a to submit more than one manuscript, and party b's failure to sign a publishing contract violates the requirements of the copyright law.
D party b shall respect the exclusive publishing right of party c and shall not publish the book again.
Answer: CD
Analysis: Party B shall sign a publishing contract with Party A. Without a contract or an exclusive publishing contract, the author has no right to bind the author to sign an exclusive publishing contract with other publishing houses and shall not infringe the exclusive publishing rights of the latter.
3. In the following acts of copyright infringement, under what circumstances should the infringer not only bear civil liability, but also be punished by the copyright administrative department?
Using a work by means of performance, broadcasting or exhibition without the permission of the copyright owner.
Reproduction and distribution of a work for profit without the permission of the copyright owner.
Reproduction and distribution of radio and television programs produced by radio stations and television stations without permission.
Publishing audio and video recordings of their performances without the permission of the performers.
Answer: BCD
Analysis: See Article 46 of the Copyright Law. A in the option belongs to the category of civil liability stipulated in the copyright law, and this behavior does not necessarily bear administrative responsibility.
4. According to the provisions of the Patent Law, two or more inventions or utility models that can be filed as patent applications belong to the general inventive concept, and they should be technically interrelated and contain one or more identical or corresponding specific technical features, in which the specific technical features refer to the technical features that each invention or utility model contributes to the existing technology when considered as a whole. Which of the following options meets the above requirements?
Similar independent claims of two or more products or methods that cannot be included in one claim.
B. independent claims of products and methods of manufacturing products
C. Independent claims of products and uses of products
D the independent claim of the product, the method dedicated to manufacturing the product and the use of the product.
Answer: ABCD
Analysis: See Item (1), (2), (3) and (4) of Paragraph 2 of Article 35 of the Detailed Rules for the Implementation of the Patent Law.
5. Which of the following opinions is correct when determining the liability of the parties?
A.d infringes the publishing right of the original manuscript owner B and should bear civil liability.
B.D. infringes the copyright of manuscript author A and should bear civil liability.
C.C. infringes the copyright of manuscript author A and should bear civil liability.
D.D. does not constitute infringement and does not bear civil liability.
Answer: BC
Analysis: See Articles 10 and 22 of the Copyright Law.