问题 问答题

试述质量监督条款的主要内容。

答案

参考答案:质量监督条款的内容一般是根据产品的数量、体积、重量和技术特征规定的,通常包括的内容主要有:
(1)监督方式
①抽查方式。商品数量大、体积小、重量轻的商品,由被许可方按约定的方法自行抽取一定数量样品,寄送到许可方实验室进行鉴定,提出评估意见和改进意见。
②驻厂检验。体积大、技术性强的产品,许可方派员前往被许可方产品生产现场,严格检查被许可方产品质量,并且须对有关生产设备、技术状况、生产工艺和替代原材料进行检查。
(2)对产品质量不合格的处理
①许可方有权要求被许可方采取切实措施限期改进。
②如果在限期内产品质量仍不能达到要求的质量标准,许可方有权要求暂停使用许可的商标。
(3)注意的问题
①应防止许可方滥用质量监督权。签订合同时,被许可方应拒绝许可方提出的过于苛刻和不合理的要求,如产品未达到商标代表质量时,要求被许可方使用许可方指定的设备和原材料;或者雇用许可方指定的人员;或者要求被许可方同意,产品达不到质量标准不准销售或撤销合同等。这些要求都属于质量监督权的滥用,被许可方应予以反对。
②在产品质量达不到质量标准时,许可方不能单纯指责和限制。被许可方产品质量未达到商品质量标准时,许可方应持积极态度,不能单纯指责和限制。最好在合同中规定,许可方应提供技术服务和协助,帮助检查不合格的原因,寻求克服缺陷的办法等。

单项选择题

(A)


When Mary Moore began her high school in 1951, her mother told her, "Be sure and take a typing course so when this show business thing doesn’t work out, you’ll have something to rely on." Mary responded in typical teenage fashion. From that moment on, "the very last thing I ever thought about doing was taking a typing course," she recalls.
The show business thing worked out, of course. In her career, Mary won many awards. Only recently, when she began to write Growing Up Again, did she regret ignoring her morn," I don’t know how to use a computer," she admits.
Unlike her 1995 autobiography, After All, her second book is less about life as an award-winning actress and more about living with diabetes (糖尿病). All the money from the book is intended for the Juvenile Diabetes Research Foundation (JDRF), an organization she serves as international chairman. "I felt there was a need for a book like this," she says. " I didn’t want to lecture, but I wanted other diabetics to know that things get better when we’re self-controlled and do our part in managing the disease."
But she hasn’t always practiced what she teaches. In her book, she describes that awful day, almost 40 years ago, when she received two pieces of life-changing news. First, she had lost the baby she was carrying, and second, tests showed that she had diabetes. In a childlike act, she left the hospital and treated herself to a box of doughnuts (甜甜圈). Years would pass before she realized she had to grow up—again—and take control of her diabetes, not let it control her. Only then did she kick her three-pack-a-day cigarette habit, overcome her addiction to alcohol, and begin to follow a balanced diet.
Although her disease has affected her eyesight and forced her to the sidelines of the dance floor, she refuses to fall into self-pity. "Everybody on earth can ask, ’why me’ about something or other," she insists. "It doesn’t do any good. No one is immune to heartache, pain, and disappointments. Sometimes we can make things better by helping others. I’ve come to realize the importance of that as I’ve grown up this second time. I want to speak out and be as helpful as I can be. \

What can we know from the last paragraph

A. Mary feels pity for herself.
B. Mary has recovered from her disease.
C. Mary wants to help others as much as possible.
D. Mary determines to go back to the dance floor.

单项选择题