问题 单项选择题

张某在某糖酒展销会上购买了一瓶误认为是贵州“茅台酒”的贵州某厂产“芽台酒”,该酒的包装与茅台酒几乎一样,张某将该酒送给朋友李某,李某饮后出现不适,李某向茅台酒厂在该市的代表处投诉,此时方发现该酒不是茅台酒,以下说法正确的是:

A.张某有权要求“芽台酒”生产厂家承担与知名商品相混淆行为的责任

B.李某有权要求“芽台酒”生产厂家承担不正当竞争的责任

C.茅台酒厂有权向法院直接起诉“芽台酒”生产厂家,要求其承担欺骗性交易行为的责任

D.“芽台酒”生产厂家的行为构成假冒他人注册商标的行为

答案

参考答案:C

解析:《中华人民共和国反不正当竞争法》 (以下简称《反不正当竞争法》)第5条规定了欺骗性交易行为,本题中“芽台酒”的包装虽然与茅台酒几乎一样,但是并未假冒茅台酒的注册商标,其生产厂家的行为构成与知名商品相混淆的行为。根据该法第20条的规定,只有被侵害的经营者有权要求实施不正当竞争行为的经营者承担不正当竞争的民事责任,并且有权直接提起诉讼,所以C选项正确。

阅读理解

阅读理解。

     On a rainy day, you will see many streams of muddy (多泥的) water running down the slopes (山坡) of

a hill. The water is muddy because it washes away soil from the hill slopes.

      Sometimes soil is blown away by strong winds. When the soil is carried away by water or wind, we say

that the land is eroded (侵蚀). This is known as soil erosion.

      Plants cannot grow on eroded land. There is not enough soil on eroded land to give them the things they

need. Plants need water and salts from the soil. 

      We can do a number of things to stop soil erosion. This is called soil conservation (保护).

      One way of soil conservation on flat, open ground is to grow small plants such as grasses. Their roots

hold the soil tightly together. Another way is to plant trees around an open field. Thus soil erosion by strong

winds cannot take place. Rows of trees act as a very big wall.

      Soil erosion on slopes can be stopped by cutting "steps" called terraces (梯田). Water carrying soil cannot

run straight down the slope now. It has to run down the terraces. This slows down the flow of the water.

Most of the soil in the water is left behind on the terraces.

      There are some other ways of soil conservation.

1. On a rainy day the water running down the slopes of a hill is muddy because _____. [ ]

A. there is no terrace on the slopes

B. there is no small plant on the slopes

C. it washes away soil from the slopes

D. there is too much soil on the slopes

2. Plants cannot grow on eroded land because _____. [ ]

A. there is a lot of sand

B. there is not enough water and salts

C. there is no water

D. the land is too hard

3. One way of soil conservation on flat, open ground is _____. [ ]

A. to grow small plants such as grasses

B. to plant trees around an open field

C. to add fertilizer to the soil

D. A and B

4. From the passage we learn that there are _____ ways to reserve soil.[ ]

A. only three

B. two

C. more than three

D. six

单项选择题