大学六级-563及答案解析.doc
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1、大学六级-563 及答案解析(总分:658.00,做题时间:90 分钟)一、BPart Writing(总题数:1,分数:106.00)1.国际上正在提倡低能耗、低排放的低碳生活(featuring low energy demand and carbon dioxide output) 2为什么要提倡低碳生活 3我们如何贯彻这一理念(分数:106.00)_二、BPart Reading (总题数:2,分数:70.00)BDirections:/B In this part, you will have 5 minutes to go over the passage quickly and
2、answer the questions on BAnswer Sheet 1./B For questions 1-7, choose the best answer from the four choices marked A ), B), C) and D ). For questions 8-10, complete the sentences with the information given in the passage./IB Intellectual Property/BThe phrase intellectual property (IP) refers to the b
3、undle of legal rights that arise from the creative genius of the human mind. IP rights play an important role in the economic prosperity of a country and serve as a motivating force for creative individuals to share their genius with society. Like real and personal property rights protect ones owner
4、ship interest in tangible (有形的) objects, such as land and automobiles, IP rights protect ones ownership interest in intangible objects, such as the idea behind an invention, the music score for a Broadway play and the name or logo used to brand a product. Without enforcement of these rights in the l
5、aw, it would be difficult for society to prosper and grow. In this article, you will learn what intellectual property rights are and the differences between its various forms.BGeneral Introduction/BWhen most people think of intellectual property rights, patents, trademarks and copyrights come to min
6、d. This core set of IP rights reward and protect the creative works of inventors, authors, owners and sellers of goods and services in the marketplace. While the legal principles that underlie each of these rights are distinct, they each share a common set of principles.An award of patent, trademark
7、 or copyright protection requires a delicate balance between the interests of the inventor or author and the interest of society as a whole. This balance is very much like the tradeoff required by zoning laws, which attempt to protect the ownership interest and exclusive right to use that a land own
8、er has with societys interest in the limited use of the owners land for societys greater good. Public utility easements and right of ways are examples of this balance.The grant of a patent on an important invention of a lifesaving drug represents a similar set of tradeoffs. Is it fair to the invento
9、r to allow society free access to the patented drug? Is it fair to society to be denied access for its greater good? It is the role of intellectual property law to harmonize these seemingly conflicting interests.Intellectual property rights also foster a competitive marketplace. They do so by encour
10、aging disclosure of innovation through protecting the fruits of that innovation for a period of time. Disclosure allows others to build and improve upon prior innovation so that the state of the art continues to evolve and develop. Without the benefits provided by intellectual property protection, t
11、he marketplace would not operate effectively. Imagine what the world would be like if every competitor had to continuously “reinvent the wheel“ rather than being able to refine and improve upon the works of others.Finally, intellectual property rights are regional in nature and the conditions of the
12、ir grant and enforceability are governed by the laws of each jurisdiction (权限). A US patent can be only granted and enforced in accordance with the laws of the United States. A trademark can only be registered and enforced in Canada in accordance with the laws of Canada, and a copyright can only be
13、registered and enforced in Mexico in accordance with its laws. While there is a desire to be somewhat uniform and consistent, countries have different approaches to intellectual property rights protection. Variations in the procedure for obtaining IP rights account for a large percentage of these di
14、fference, rather than the differences in the substantive rights granted in each country.The words “patent“ and “trademark“ are often used interchangeably. Many times, we hear that a patent is used to protect a logo and that a trademark is used to protect an invention, and vice versa. While patents a
15、nd trademarks may be associated with the same product, the two words have very different meanings and refer to very different forms of intellectual property rights. They can seldom be used interchangeably, as the underlying rights that each protects is quite different in nature.BWhat Is a Patent?/BI
16、n general, a patent is used to protect the intellectual property rights associated with the design of a product or process. US patents are issued by the United States Patent and Trademark Office and are enforceable only within the US and its possession. A US patent has no effect outside the US. A pa
17、tent gives the patent owner the “exclusive right“ to stop others from making, using, selling or offering for sale the product, or process of making the product, that is described by the patent claims. It is important to note that a patent does not give the patent owner the right to exploit the paten
18、ted invention himself. The patent owner has only the “exclusive right“ to stop others from doing so. In other words, just because you obtain a patent on your product does not mean that you can actually use the product. You may be blocked by an earlier patent owner who exercises the “exclusive right“
19、 granted to him under his patent. This is an important distinction and the following example will help to explain it. Suppose that the invention covered by your patent is a chair with four legs, a seat, a back and a pair of rockers-a rocking chair. Under your patent, you have the exclusive right to
20、stop others from making, using, selling or offering for sale your patented rocking chair. Lets assume, however, that the rockers on your rocking chair are unique and are covered by an earlier patent to someone else. The rocker patent owner has the exclusive right under his patent to stop others (inc
21、luding you) from using his patented rockers. Your use of the patented rockers on your rocking chair would constitute infringement (侵权) of the rocker patent. So while you received a patent for your rocking chair, you will not be able to actually make, use, sell or offer for sale the chair without fir
22、st obtaining permission from the rocker patent owner. The rocker patent owner is not required to give you permission, however, and can keep your rocking chair off the market if he chooses to do so. It might make better sense, of course, for the rocker patent owner to participate in your success by g
23、iving his permission in exchange for a licensing fee. The term for a patent is 20 years from the filing date of the patent application from which lead to the patent.BWhat Are Trademarks?/BLike patents, trademark registrations in the US are issued by the United States Patent and Trademark Office. Whi
24、le a patent protects a product from unauthorized copying through thc patent owners exclusive right to stop others from making, using, selling or offering for sale the patented product, a trademark addresses the need for product identification, or branding, among consumers of the product. Thus, a tra
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