问题 单项选择题

甲公司研制开发出一项汽车刹车装置的专利技术,委托乙公司生产该刹车装置的专用零部件。乙公司在生产过程中擅自将该种零部件出售给丙公司,致使丙公司很快也开发出同种刹车装置并投入生产。下列哪种说法是错误的?

A.乙公司的行为构成违约行为

B.丙公司侵犯了甲公司的专利权

C.在甲公司提起的专利侵权诉讼中,丙公司应为被告,乙公司应列为第三人

D.该案只能由特定的中级人民法院管辖

答案

参考答案:C

解析:《合同法》第60条规定,当事人应当按照约定全面履行自已的义务。当事人应当遵循诚实信用原则,根据合同的性质、目的和交易习惯履行通知、协助、保密等义务。因此乙公司在生产过程中擅自将零部件出售给丙公司的行为违反其保密义务,构成违约行为,故A项正确。丙公司未经甲公司同意实施其专利,侵犯了甲公司的专利权,故B项正确。《最高人民法院关于审理专利纠纷案件适用法律问题的若干规定》第2条规定,专利纠纷第一审案件,由各省、自治区、直辖市人民政府所在地的中级人民法院和最高人民法院指定的中级人民法院管辖。故D项正确。而对

阅读理解

根据短文内容填空,每空不超过4个单词。

Mr. Clarke joined the army when he was eighteen. Four years later he came back to his hometown and found work in a post office. He worked hard but he liked drinking and it brought him a lot of trouble. One day he drank too much and lost a mailbag and he was soon sent away. He couldn’t find any work in the town and he had to beg(乞讨) in the street. Now his clothes are dirty and broken and sometimes he’s hungry. 

One morning he was begging at the station. He saw a woman in beautiful clothes come out by the exit. He went close to her and hoped that she gave him some money. The woman had a look at him and hurried to cover her nose with her hand.

“It seems that you have come from the hell(地狱).” The woman called out.

Mr. Clarke understood she was such a woman who never helped the poor and said, “You’re right, madam. I’m really from the hell.”

“Why not stay there, then?”

“There is no room for the poor people like me.” said Mr. Clarke.  “Only the rich men live there!”

小题1:When he was 22, Mr. Clarke found a job in a _______________.

小题2:Mr. Clarke was sent away because he lost                .

小题3:Sometimes Mr. Clarke is hungry because he has nothing              .

小题4:The woman hurried to             her nose because she thought Mr. Clarke was dirty.

小题5:Mr. Clarke’s words meant that the hell was only for the             like the woman.

单项选择题