问题 单项选择题

宜家纺织厂为了扩大生产规模而欲向银行贷款200万元购买生产线。银行要求宜家纺织厂提供担保,考虑到该纺织厂所拥有的注册商标具有较高知名度,双方遂协商以该注册商标专用权中的财产权出质,作为返还贷款的担保,双方并签订了书面质押合同,但未进行登记。3个月后,邻县的另一家花园纺织厂找到宜家厂,提出使用其注册商标并支付相应的使用费。由于宜家厂经常签订类似的商标权许可使用合同,在经审查花园厂符合相应标准后,与花园厂签订了商标权许可使用合同。银行在得知这一情况后,认为宜家纺织厂的许可行为侵犯了自己的质权,双方遂发生纠纷。关于本案,下列说法中哪一项是正确的( )

A.质押合同未生效,许可合同有效
B.质押合同已生效,许可合同无效
C.质押合同未生效,许可合同无效
D.质押合同已生效,许可合同有效

答案

参考答案:D

解析: 《物权法》第227条:以注册商标专用权、专利权、著作权等知识产权中的财产权出质的,当事人应当订立书面合同。质权自有关主管部门办理出质登记时设立。知识产权中的财产权出质后,出质人不得转让或者许可他人使用,但经出质人与质权人协商同意的除外。出质人转让或者许可他人使用出质的知识产权中的财产权所得的价款,应当向质权人提前清偿债务或者提存。虽然质权未成立,但是质押合同是生效的,质押权未设立,因此许可合同有效。

阅读理解

While learning the science lessons,I used to get a doubt—why ear,nose,tongue and eyes should be called as special senses?The basic reason is that these are the channels through which we maintain contact with the surroundings.Though apparently it may feel like these are individual sensory organs,they do show some connectivity.Interestingly,our hearing is less sharp after we eat a heavy food.Isn’t it good for a sound nap after a stomach­full meal?That does not mean we go deaf after a meal,but the hearing pitch(强度) does change after a heavy meal.

We usually give credit of the taste to our tongue,but do you know that unless saliva(唾液) dissolves something,our tongue cannot recognize the taste of the food eaten.Taste is nothing but the food chemicals dissolved in the saliva being sensed by the taste buds present on the tongue.Try_to_dry_off_your_tongue_and_mouth_with_a_tissue_paper_and_then_taste_something.

Women are much better smellers than men.They are born with this characteristic ability and can correctly pinpoint the exact fragrance of the sample.We all can store almost 50,000 different scents(气味),which are strongly tied to the memories.

Pupils(瞳孔) do not respond to light alone,but to the slightest bit of noise around too.Thus surgeons,watchmakers and those professionals who have to perform a much delicate job do prefer to have a sound­free environment.Even a small noise can dilate(扩大) their pupils,change the focus and blur(使模糊) their vision.If you do not wear glasses or contact lens due to having a 6/6 vision,you are just among the one third of the human population.It is now statistically proved that only one third of the population has perfect vision,rest all are either wearing glasses or are trying to read with a compromised vision.

Each and every one of us has a particular or individualistic or characteristic smell,which is unique to us,except for the identical twins.This smell is very subtle(微妙的) yet can be sensed even by a newborn.It may be due to this scent that the newborn recognizes the presence of his parents around.Many of us can pinpoint the smell of our significant friends and colleagues.A significant part of this phenomenon is guided by genetics but it is also modified by the environment,diet and personal hygiene.This all together creates the unique chemistry that is individualistic for each person.

小题1:We can learn from Paragraph 1 that ________.

A.after a full meal our hearing is as good as before

B.all sensory organs are connected and can be exchanged

C.sensory organs’ functions can never be changed for their particular character

D.we feel and learn about the world around us through our eyes,ears,nose and tongue小题2:What is the text mainly about?

A.The functions of sensory organs.

B.The connectivity of sensory organs.

C.A newborn’s senses of the sensory organs.

D.The differences of senses between women and men.小题3:What does the author mean by the underlined sentence in Paragraph 2?

A.Our tongues can’t be dried while eating something.

B.If your tongue is dried without any saliva on it,it will not work.

C.A tissue paper is the only thing that can be used to dry our tongues.

D.If your tongue is dried with a tissue paper,it may work as well as before.

单项选择题