问题 多项选择题

A研究中心与张某签订了一份技术开发合同,约定由张某为A研究中心开发一套程序。3个月后,张某按约定交付了技术成果,A研究中心未按约定支付报酬。由于没有约定技术成果的归属,双方发生争执。下列哪些选项是正确的( )

A.申请专利的权利属于张某,但张某无权获得报酬

B.如果张某转让专利申请权,A研究中心享有以同等条件优先受让的权利

C.申请专利的权利属于张某,且张某有权获得约定的报酬

D.如果张某取得专利权,A研究中心可以免费实施该专利

答案

参考答案:B,C,D

解析: 《合同法》第331条规定,委托开发合同的委托人应当按照约定支付研究开发经费和报酬;提供技术资料、原始数据;完成协作事项;接受研究开发成果。第339条规定,委托开发完成的发明创造,除当事人另有约定的以外,申请专利的权利属于研究开发人。研究开发人取得专利权的,委托人可以免费实施该专利。研究开发人转让专利申请权的,委托人享有以同等务件优先受让的权利。由此本题BCD的说法是正确的。

阅读理解

My name is Sam . I joined a club called  “ passing help ” last month . Now let me tell you why I joined it.

One evening this May, on my way home my old car was broken . It was 25 miles from my home . I wanted to get a ride, but there was no car . It was also hard to take a taxi . I decided to take a bus home .I went to a bus stop nearby .

After a while , a bus came , but it did not go to my town .The bus driver was a   young woman . She was kind and she told me which bus I should take . I waited there for about thirty minutes , but no bus came . At last a car came to me and a woman came out of the car .She was just the bus driver.

“When I reached the bus station , I got to know that the bus to your town couldn't  come ,so I returned here.I just can't leave you here ,” she said , “ Get in my car and I will take you back to your home .”

“ It is a long way .”I said.

“ Come on ,sir, ”she said ,“ Let’s go.”

On the way she told me a story . A few days ago, there wasn't gas(汽油)in her car . An old man drove her up to a gas station and then back to her car.

When we got to my home , I wanted to give her some money to thank her , but she didn't accept it . “ I only want to help others and do something nice for somebody. Pass it along. ” She said.  

小题1:What happened to Sam one evening this May?

A.He lost his way.

B.His car broken down.

C.He was hurt in an accident.

D.He couldn't reach the gas station.小题2: Sam didnt think of going home__________ that evening.

A.by train

B.by bus

C.by car.

D.by taxi.小题3: From the passage , we know that the young woman was _________.

A.a club boss.

B.a taxi driver

C.a bus driver.

D.a gas station worker.小题4:The young woman wanted Sam to _________.

A.give her some money.

B.get on her bus.

C.take her to her house.

D.help others just as she did.小题5: The best title (题目)of the passage is ________ .

A.A kind old man.

B.Getting a ride.

C.Passing help.

D.A broken car.

填空题