I. Single choice
1. From the perspective of enterprise intellectual property management process, the contents of intellectual property management include ().
A. Management, acquisition, maintenance, application and daily management of intellectual property rights
B. acquisition, maintenance, application and international management of intellectual property rights
C acquisition, maintenance, application, daily management and international management of intellectual property rights
D acquisition, maintenance, application, daily and international management of intellectual property rights
2. Intellectual property acquisition and management activities mainly include ()
A. Determine the intellectual property rights that the enterprise will acquire, construct an appropriate intellectual property portfolio, and independently manage intellectual property rights.
B. Choose the ways and means to acquire intellectual property rights, determine the intellectual property rights that enterprises will acquire, and build a suitable intellectual property portfolio.
C determine the intellectual property rights that the enterprise will acquire, and establish an appropriate intellectual property portfolio and brand management.
D. Determine the intellectual property rights that the enterprise will acquire, choose the ways and means to acquire intellectual property rights, and build an appropriate intellectual property portfolio.
3. () refers to the strategy adopted by the enterprise to break the market monopoly pattern and improve the passive position of competition when it is attacked by the intellectual property strategy of other enterprises or units, or when the intellectual property rights of competitors hinder or threaten the business activities of the enterprise.
A. Offensive strategic model
B. defensive strategic model
C. Follow-up strategic model
D. mixed strategic model
4. According to the relevant provisions of China's patent law, the following () situations can be granted a patent right.
A counterfeit currency.
B B. invented a unique method to treat diabetes.
A new plant species was discovered.
A production method of new plant varieties was invented.
5. According to the provisions of China's patent law, the protection period of utility model patent is ().
A 5 years B 10 years C 15 years D 20 years.
6. The examination and approval procedures for invention patents include () in addition to the acceptance procedures.
Preliminary examination, preliminary publicity, substantive examination and authorization announcement
Preliminary examination, substantive examination and authorization announcement
C. Preliminary examination, early publicity and authorization announcement
Preliminary examination and authorization announcement
7. In May, 2004, his latest research results were first published at the Jae-Il Lee International Conference. In July 2004, Li applied for an invention patent for this research achievement. Li's patent application (). P4 1 page
A is deemed to have been submitted in May 2004, and B should be rejected.
C has lost its novelty, and D has not lost its novelty.
8. () refers to the exercise or implementation of the obtained patent right within the validity period stipulated by law, so as to maintain the continuous validity of the patent right.
Maintenance of patent right
Exercise of patent right
Protection of patent right
Maintenance of patent right
9. After the transfer of the patent right, () obtain all the rights and obligations of the original patent applicant.
A patentee b applicant c assignee d assignor
10. 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 1 year D 2 years
1 1. Party A began to use the "Jianhua" trademark on 1 March, 19991. 1, and Party B began to use the same trademark on April 1 of the same year. On May 1 2000, Party A and Party B delivered the application documents for registering the "Jianhua" trademark to the Trademark Office, but the application documents of Party A were delivered on May 8 and the documents of Party B were delivered on May 5. Whose application will the Trademark Office announce after preliminary examination?
A. Announce at the same time, because both parties have the same application date.
Announce B's application, because B's application is priority.
C. Announce Party A's application. Although Party A and Party B apply at the same time, Party A will use it first.
D. the trademark office is free to decide.
12. With the permission of Factory B, Factory A exclusively uses the registered trademark of Factory B in a certain province. Later, it was found that the local C factory also used this trademark. After investigation, factory C used the same trademark through the illegal license of factory D, and factory D has the exclusive right to use the same trademark in other provinces. Which of the following requests of Factory A cannot be established?
Party A and Party B are required to bear the losses for breach of contract.
B, request Ding Factory to bear tort liability.
C request factory c to bear tort liability.
D. Request Party C and Party D to jointly bear the tort liability.
13. The organization responsible for trademark registration and management in China is:
A. State Administration for Industry and Commerce
B. Trademark Office of the State Council Administration for Industry and Commerce
C. Intellectual Property Office
D. courts
14. Two or more natural persons, legal persons or other organizations may apply to the Trademark Office for the registration of the same trademark, and those who enjoy and exercise the exclusive right to use the trademark are:
One, the same as * * *
alone
C, can be alone or with * * *
D, none of the above
15. The trademark applied for registration shall be easily identifiable () and shall not conflict with the legal rights previously obtained by others.
I. Registration Marks
B, distinctive features
C, the words registered trademark
D. description
16. goods that must use registered trademarks according to the state regulations must apply for trademark registration, (), and may not be sold in the market.
I. Without application
B, unauthorized registration
C, without preliminary examination and approval
D, none of the above
17. Trademarks identical with or similar to the national name, national flag, national emblem, military flag and medal of People's Republic of China (PRC), as well as the names and graphics of specific place names or landmark buildings where the central state organs are located ().
1. It shall not be used as a trademark.
B, it can be used as a trademark.
C it can be used as a trademark after examination.
D, none of the above
18. The validity period of a registered trademark is () years, counting from the date of approval of registration.
I. 10 year
b， 15
C, 20 years
D.30 years
19 The object not protected by China's copyright law is ().
A audio-visual products b works of art
Computer software current affairs news
20. The protection period of computer software copyright begins at ().
Date of software development, date of software completion
C software publication date d software sales date
Second, multiple choices:
1. Point out which of the following is within the scope of intellectual property protection in China ().
A. Copyright of computer software and foreign practical works of art
B. right to new varieties of agricultural and forestry plants
C. Enterprise name right (manufacturer name) and trade name right (store name);
D. the right to name the country of origin;
2. Point out which of the following belong to the way of intellectual property application ().
A. mergers and acquisitions of intellectual property rights
B. Intellectual property pledge
C. Intellectual property ownership
D. Intellectual property trust
3. After its patent right was authorized to be announced, Party A found that the product manufactured and sold by Company B was the same as its invention patent, and sued Company B for infringing its patent right. In this regard, the reason why Company B can defend is ().
A. prove that your product is different from the patented product of party a.
B. prove that you have the right of first use
C. Request for invalidation of patent A.
D. prove that you don't know the existence of a patent right.
4. Which of the following requirements should a trademark applying for registration meet? ( )
First, it has remarkable characteristics.
B, easy to identify
C, shall not conflict with the prior legal rights of others.
D, creativity
5. Which of the following marks shall not be used as trademarks? ( )
1. Being identical with or similar to the names and symbols of the Red Cross and the Red Crescent;
B, with ethnic discrimination;
C, exaggerating propaganda and deception;
D, harmful to socialist morality or have other adverse effects.
6, the following behavior, constitute a counterfeit patent is ()
A. Deliberately selling products that infringe others' patent rights
B. use other people's patent numbers in advertisements without permission.
C. without permission, mark the patent number of others on the products produced by oneself.
Using patented technology of others to manufacture products without permission.
E. importing other people's patented products without permission
7. In the following, the patent law of our country stipulates that the patent right is not granted ().
A. New varieties of animals and plants B. Rules and methods of intellectual activities
C. Diagnosis and treatment of diseases D. Scientific discovery
E. Drugs and chemicals
8. The rights of publishers include ().
exclusive publishing rights
B. Right to exclusive assembly
Assembly right
D format design exclusive right
9. The civil liability that the actor may bear for infringing the copyright and neighboring rights of others includes ().
A stops the infringement and B compensates for the loss.
Eliminate the influence and apologize
10. 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.
Third, the judge.
1. The time limit for judging novelty shall be the date of patent approval. ( )
2. In terms of judging standards of patent novelty in China, the scope of publication is domestic and foreign, and the scope of public use is domestic. ( )
3. The patentee is the patent applicant. ()P37
A registered trademark is valid for ten years. After the expiration of the time limit, it can be extended indefinitely. ( )
5. The term of protection of a cooperative work is 50 years after the death of the first author. ( )
6. Well-known trademarks can be identified actively or passively. ( )
7. Playing the author's songs in KTV without permission infringes on the author's broadcasting right. ( )
8. Without the consent of the copyright owner, the other party may not exercise the rights not explicitly transferred in the copyright licensing contract. ( )
9. The right to mark the origin is the exclusive right of geographical indications enjoyed by the obligee according to law. ( )
10. The copyright law protects the expression of the content of the work, so plagiarism of ideas or expressions is generally not recognized. ( )
1 1. If the layout-design is not registered with the Intellectual Property Office within two years from the date of its first commercial use anywhere in the world, it will not be registered. (right)
12. Inventions and creations that mainly utilize the material conditions of the entity shall enjoy the patent right by the entity. ( )
13, it is reasonable for radio stations and TV stations to use other people's recordings. ( )
14. Within 6 months from the date of the announcement of the preliminary examination and approval of the trademark, anyone can raise an objection to the preliminary examination and approval of the trademark. ( )
15. Intellectual property refers to people's exclusive rights to their intellectual creations according to law. ()
Fourth, short answer questions
1. What is the function and significance of intellectual property management to enterprises?
2, well-known trademark recognition conditions
3. What are the risks of applying for trademark rights?