Intellectual Property Exercise (1) Who can help?

Comprehensive exercises and examination questions of intellectual property law (1) 1. Multiple choice questions 1. Intellectual property rights need to be granted or confirmed by the competent department according to law, which is determined by (). (1) exclusiveness of the subject (2) immateriality of the object (3) geographical limitations (4) timeliness of protection (2) works not protected by copyright law are (). (1) Musical works (2) Dramatic works (3) Fine arts works (4) All photographic works (3) The copyright is (), which is not only a way to spread works, but also a way to realize their economic value. (1) Production right (2) Display right (3) Distribution right (4) Broadcasting right (4) The principle of () is adopted in the acquisition of copyright in China. (1) Automatic acquisition (2) Registration acquisition (3) Marking acquisition (4) Tangible fixed acquisition (5) Performer's right does not include (). (1) Identify the identity of the performer; (2) Protect the performance image from distortion; (3) Allow others to broadcast live; (4) Directly use other people's works; (6) Distort and tamper with other people's works; and (2) It must be an essential element. (1) Intention (2) negligence (3) Intention or negligence (4) Understanding deviation 7. When a teacher is studying in a university, after obtaining the test paper compiled by a university professor, he will incorporate the test paper into his review guide and publish the guide. To this end, a teacher (). (1) There is no infringement, and the test paper does not belong to the application of copyright law. (2) No infringement, the test paper enters the public domain after the first examination. (3) Infringement, the test paper belongs to the protected object. (4) Whether there is infringement depends on the specific circumstances. 8. The term of copyright protection shall be 50 years after the author's death. This job is (). (1) Movies, TV and photographic works (2) Works of legal person or unincorporated units (3) Works that the author first met with the public after his death (4) Works of unknown author (9) Li bought a Hero brand pen with a utility model patent in it. Li enjoys () (1) the exclusive right to use the trademark of the pen (2) the ownership of the pen (3) the utility model right of the pen (4) the above three rights 10. The wealth management star management software developed by a software company is protected in China on the basis of () (1) People's Republic of China (PRC) Patent Law (2) People's Republic of China (PRC) Science and Technology Progress Law (3) People's Republic of China (PRC) Trademark Law (4) People's Republic of China (PRC) Copyright Law (166). (1) Request (2) Description and its abstract (3) Claim (4) Physical object 12. The preliminary examination of an application for a patent for design does not include (). (1) Formal review (2) Substantive review (3) Legality review (4) Obvious defect review 13. In the licensing of patent rights, the licensee pays the highest royalty (). (1) Exclusive license (2) Exclusive license (3) General license (4) Sublicense 14. The constituent elements of trademarks in China do not include (). (1) Text (2) Letter (3) Figure (4) Smell (15) According to China's patent law, the validity period of an invention patent is (). (1)5 years (2) 10 years (3) 15 years (4)20 years 16. To apply for a registered trademark, you must have (). (1) creativity (2) practicality (3) aesthetic feeling (4) distinctiveness (17) Hangzhou Wahaha Co., Ltd. registered trademarks such as Wahaha, Wawa Ha, Wawa Ha, Haha Wa, which is beneficial to the protection of Wahaha trademarks. These four trademarks constitute () (1) defensive trademark (2) collective trademark (3) joint trademark (4) combined trademark (18). The trademark that a leather factory intends to use on its leather products is () (1) Li Qian brand (2) He Jiang brand (3) sheepskin brand, which is illegal by law. Unauthorized application for registration as a trademark for liquor belongs to () (1) imitation of other people's works as a trademark registration (2) infringement of other people's copyright for registration (3) fabrication of fictitious facts for registration (4) use of graphics prohibited by trademark law. The world's first international convention on copyright is (). (1) Paris Convention (2) Berne Convention (3) Geneva Convention (4) Agreement II on Intellectual Property Rights. Multiple choice questions 1. The basic feature of intellectual property is (). (1) National authorization (2) Proprietary (3) Region (4) Timeliness (2) Deductive works refer to () works produced from existing works. (1) adaptation (2) translation (3) annotation (4) arrangement (3) the contents of the personal rights of works stipulated in China's copyright law include (). (1) Right of authorship (2) Right of publication (3) Right of modification (4) Right of protecting the integrity of works (4) The following subjects can use other people's published works to spread in a corresponding way without permission from the copyright owner, but they need to pay remuneration according to regulations () (1) Performers (2) Producers of audio and video recordings (3) Broadcast. In this case (). (1) Party B can request the patent license of Party A (2) Party B can apply for the compulsory patent license of Party A (3) Party A can apply for the compulsory patent license of Party B (4) Party B must pay the patent license fee. 6. The invalid trademark is (). (1) Silver powder battery (2) Jinhua milk (3) Bright desk lamp (4) Theft-proof security door 7. The international treaty on trademark protection in the following options is (). (1) Paris Convention (2) Bernie Convention (3) Rome Convention (4) Madrid Agreement 8. The following options belong to the object of intellectual property protection (). (1) Name of manufacturer (2) Name of commodity (3) Name of country of origin (4) Technical secret 9. The unfair competition related to intellectual property rights in the following options is (). (1) Trademark counterfeiting (2) False propaganda (3) Monopoly (4) Infringement of trade secrets (10) The necessary condition for invention and utility model to obtain a patent is (). (1) Novelty (2) Creativity (3) Aesthetics (4) Practicality (1 1) The types of patent licenses are (). (1) exclusive license (2) exclusive license (3) general license (4) sub-license (12), and the components of a trademark include (). (1) Text (2) Graphics (3) Stereo logo (4) TINT 13. According to the provisions of the Trademark Law, the following can be registered as trademarks (). (1) Spider Ink (2) Hero Pencil (3) Hop Beer (4) Hongqi Battery (14), and the commodities subject to compulsory registration in China are mainly (). (1) food (2) medicines for human use (3) tobacco products (4) automobiles 15. The basic principle of the Paris Convention is (). (1) national treatment principle (2) priority principle (3) independence principle (4) compulsory license principle (3) case analysis topic He Mou is a famous young painter. When he held a solo exhibition in Japan, he attracted many Japanese audiences. In the exhibition, a work called "fallen leaves" was seen by a Japanese businessman. The Japanese businessman wanted to buy this painting, and he also agreed to sell it to the Japanese businessman after the exhibition. The two sides agreed on the price and are ready to sign the contract. However, he has doubts about how to deal with the copyright of this painting after it is sold. Analysis: 1. Suppose he just wants to sell the painting. According to the provisions of China's copyright law, what rights do Japanese businessmen have for the painting "Fallen Leaves"? Why? 2. Assuming that he intends to transfer the copyright while selling the painting, according to the provisions of China's copyright law, can he transfer all the rights in the copyright to Japanese businessmen? Why?