知识产权+Intellectual+Property及答案解析.doc

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1、知识产权+Intellectual+Property 及答案解析(总分：52.00，做题时间：90 分钟)一、PART ONE(总题数：1，分数：8.00)A. Intellectual property rights can be enforced through civil remedies, and may involve criminal sanctions. As a final remedy, the right holder can obtain financial compensation for losses caused by infringement by choosin

2、g between damages or an account of profits which the defendant made from the infringement. Other final remedies may include delivery up and destruction of infringing documents, a court order to reveal relevant information, or an injunction.B. Intellectual property is, in essence, useful information

3、or knowledge. It is divided, for the purposes of study (and for establishing legal rights), into two principal branches: artistic property and industrial property. Artistic property encompasses artistic, literary, and musical works. These are protected, in most countries, by copyrights and neighbori

4、ng rights. Industrial property is itself divided into two categories: inventions and trademarks. Inventions include both useful products and useful manufacturing processes. They are protected in a variety of ways, the most common protection being in the form of patents, petty patents and inventors c

5、ertificates. Trademarks include “true“ trademarks, trade names, service marks, collective marks, and certification marks. All of these are markings that identify the ownership rights of manufacturers, merchants, and service establishments. They are protected by trademark laws.C. Intellectual propert

6、y is a type of personal property, but it is intangible. As such, it is difficult, not only to protect, since it cannot be easily held or contained, but to define and to design laws that will govern and control it. The increasing globalization and technological development of our world often make the

7、 laws of just a few years ago obsolete in this field of study. However, the issues surrounding the acquisition, protection, and transfer of knowledge across international borders will continue to be debated intensely in the near future. Anyone involved in business internationally must, therefore, ha

8、ve some basic, working knowledge of the national and international laws relating to intellectual property.D. Regardless of its form, intellectual property is a creature of national law. International law does not create it. International law does, however, set down guidelines for its uniform definit

9、ion and protection, and it sets up ways that make it easier for owners to acquire rights in different countries. National lawand sometimes regional lawis also important in establishing the rules for assigning and licensing intellectual property. Recently, the international community has worked to es

10、tablish international norms for the transfer of intellectual property, but so far the effort has not been fully successful.E. Rapid technological development throughout the world has made the protection and use of innovation an important issue in the economic success of nations. Owners of intellectu

11、al property want to enjoy the exclusive rights to their innovations as long as possible. A reasonably long period of time in which the innovator can enjoy the benefits of his innovation can be a powerful means of protecting the commercial benefits of creativity as well as an incentive for more innov

12、ations, thus leading to greater benefits both economically and socially from technological advancements. Consumers, competitors, and some developing nations, however, want innovations to be made available publicly as soon as possible, to reduce prices and provide greater availability of the innovati

13、ons with fewer costs to them. Thus, intellectual property law tries :o balance these competing concerns and desires.（分数：8.00）(1).Intellectual property law attempts to strike a balance between the respective demands of different parities of innovations.（分数：1.00）A.B.C.D.E.(2).There are chiefly two typ

14、es of intellectual property and each has its own features.（分数：1.00）A.B.C.D.E.(3).International law and national law perform different functions for intellectual property.（分数：1.00）A.B.C.D.E.(4).Intellectual property law can balance competing concerns and wishes of innovators, consumers, competitors,

15、developing nations.（分数：1.00）A.B.C.D.E.(5).The unique feature of intellectual property has made it rather challenging to establish and enforce laws, thus obtaining relevant national and international laws is a must for international business.（分数：1.00）A.B.C.D.E.(6).Artistic property and industrial pro

16、perty, two major branches of intellectual property, each cover some subparts.（分数：1.00）A.B.C.D.E.(7).Intellectual property rights may be implemented by civil remedies .（分数：1.00）A.B.C.D.E.(8).Intangibility of intellectual property brings about the difficulty in its protection and law design as welt as

17、 heated discussion at an international level.（分数：1.00）A.B.C.D.E.二、PART TWO(总题数：1，分数：6.00)Trade SecretsSome business information or processes cannot qualify as copyrights, patents, or trade marks. (9) . Trade secrets include customer lists, pricing information, marketing techniques, management skills

18、, production and engineering techniques, management skills, production and engineering techniques, formulas, research and development, and generally anything that makes a business unique and valuable to a competitor. (10) although know-how usually involves a certain type of trade secretsthose that a

19、re more technical, scientific, or managerial in a business. Once trade secrets are released or become part of the publics general knowledge, called the “public domain, “ they can be generally used by anyone and cannot be retrieved for the exclusive use of a business. (11) If everyone in the public k

20、nows about a trade secret, it loses its value. A business cannot charge another for information that is easily available to the general public. (12) . (13) . Normally, a business protects its trade secrets by allowing only a select few employees to know them and by having all employees who use or kn

21、ow trade secrets to agree in a contract never to divulge them. If an employee wrongfully divulges a trade secret, the employer can sue the employee for damages for breach of contract and perhaps a personal injury (tort) committed against the business; the monetary award can be high. Sometimes, busin

22、esses would rather use confidentiality agreements with employees to protect trade secrets rather than go through the expense of making some trade secrets patentable since obtaining patents can be costly and time-consuming. Trade secrets can last indefinitely unlike patents; often just the filing of

23、a patent requires disclosure of the innovation and its processes to a government agency for examination. This disclosure can result in the invention being copied illegally or “reverse engineered“ by competit6rs. (14) .A. A trade secret is of great significance to the growth of a business.B. Thus, co

24、nfidentiality is very important in trade secrets.C. However, they can be protected as valuable knowledge from appropriation by competitors as trade secrets.D. It is for that reason that Coca-colas formula is kept a tight secret and only a few people on earth know it.E. A trade secret, if properly ke

25、pt confidential, need not ever be disclosed to the public.F. Anyone who reveals a trade secrete to the public can be punished by law.G. Sometimes trade secrets are called know-howH. There are usually no registrations or filing requirements to protect a trade secret under a countrys national law（分数：6

26、.00）填空项 1:_填空项 1:_填空项 1:_填空项 1:_填空项 1:_填空项 1:_三、PART THREE(总题数：1，分数：6.00)The World Intellectual Property Organization (WIPO) is one of the specialized agencies of the United Nations (UN) system of organizations. The “Convention Establishing the World Intellectual Property Organization“ was signed at

27、 Stockholm in 1967 and entered into force in 1970. However, the origins of WIPO go back to 1883 and 1886, with the adoption of the Paris Convention and the Berne Convention respectively. Both of these conventions provided for the establishment of international secretariats, and both were placed unde

28、r the supervision of the Swiss Federal Government. The few officials who were needed to carry out the administration of the two conventions were located in Berne, Switzerland.Initially there were two secretariats (one for industrial property, one for copyright) for the administration of the two conv

29、entions, but in 1893 the two secretariats united. The most recent name of the organization, before it became WIPO, was BIRPI, the acronym of the French-language version of the name: United International Bureaux for the Protection of Intellectual Property (in English). In 1960, BIRPI moved from Berne

30、 to Geneva.At the 1967 diplomatic conference in Stockholm, when WIPO was established, the administrative and final clauses of all the then existing multilateral treaties administered by BIRPI were revised. They had to be revised because member States wished to assume the position of full governing b

31、ody of the Organization (WIPO), thus removing the supervisory authority of the Swiss Government, to give WIPO the same status as all the other comparable intergovernmental organizations and to pave the way for it to become a specialized agency of the United Nations system of organizations.Most of th

32、e inter-governmental organizations now called specialized agencies did not exist before the Second World War. They were created for the specific purpose of dealing with a particular subject or field of activity at the international level. However, some inter-governmental organizations, such as the I

33、nternational Labor Office (ILO), the Universal Postal Union (UPU) and the International Tele-communication Union (ITU) were in existence, and had become the responsible inter-governmental organizations in their respective fields of activity long before the establishment of the United Nations. After

34、the United Nations was established, these organizations became specialized agencies of the United Nations system. Similarly, long before the Unit ed Nations was established, B1RPI was the responsible intergovernmental organization in the field of intellectual property. WIPO, the successor to BIRPI,

35、became a specialized agency of the United Nations when an agreement was signed to that end between the United Nations and WI PO which came into effect on December 17, 1974.（分数：6.00）(1).The origin of WIPO is related to:A. Tokyo ConventionB. London ConventionC. Berne ConventionD. Rome Convention（分数：1.

36、00）A.B.C.D.(2).In _the former name of WIPO, BIRPI moved from Berne to Geneva.A. 1967 B. 1960 C. 1970 D. 1974（分数：1.00）A.B.C.D.(3).Which is NOT the reason for the revision of the administrative and final clauses of all the then existing multilateral treaties administered by BIRPI?A. Remove the supervi

37、sory authority of the Swiss GovernmentB. Give WIPO the same status as other comparable intergovernmental organizationsC. Make WIPO a specialized agency of the United Nations systemD. These clauses are out of date, and need revision to keep pace with the time.（分数：1.00）A.B.C.D.(4).What is the purpose

38、of establishing specialized agencies before WWII?A. Cope with a particular subject of activity at the international levelB. Deal with widespread terrorist activities around the worldC. Respond to any emergence in a global scopeD. Practice special personnel for different countries（分数：1.00）A.B.C.D.(5)

39、.What is the relation between member states of UN and specialized agencies?A. Member states are administrated by all specialized agenciesB. Member states observe the rules and regulations of specialized agenciesC. Member states make their own decision for whether to join a specialized agencyD. Membe

40、r states have no choice but to join all specialized agencies（分数：1.00）A.B.C.D.(6).20 Which organization was responsible for intellectual property before the establishment of UN?A. WIPO B. BIRPI C. UPU D. ITU（分数：1.00）A.B.C.D.四、PART FOUR(总题数：1，分数：10.00)CopyrightReproduction, the oldest and most common

41、of the copyright rights, is consistently defined in the market countries of the West. For example, the German statute defines it as the “right to make copies of a work, irrespective of the method of number“; the British Copyright Act refers to “reproducing the work in any material form“; the French

42、Copyright Law defines a work re production as “the material fixation of a work by any method that (21) . indirect communication to the public“; and the U. S Copyright Act refers merely to the making of “copies“.In socialist countries, although a copyright does (22) . the fight of reproduction, the f

43、ight can be exercised effectively only by state (23) . As a consequence, (24) . holders have to assign their rights to an agencycommonly their employerand hope that the agency will (25) . their copyrighted work.Of course, the development of the Internet and the World Wide Web in the past 15 years ha

44、s totally changed the ease with which copyrighted works may be (26) . It is now possible though not necessarily (27) . to instantly send a perfect copy of a work of art, music, literature, or software to millions of people around the world with the click of a (28) . The rapid developments in (29) .

45、have made enforcement of copyrights law much more (30) and business firms have been struggling to protect their intellectual property in this new age.（分数：10.00）(1).A. forbids B. permits C. requires D. suggests（分数：1.00）A.B.C.D.(2).A. include B. exclude C. explain D. describe（分数：1.00）A.B.C.D.(3).A. co

46、mpanies B. organizations C. agencies D. institutions（分数：1.00）A.B.C.D.(4).A. reproduction B. trademark C. goods D. copyright（分数：1.00）A.B.C.D.(5).A. develop B. promote C. produce D. copy（分数：1.00）A.B.C.D.(6).A. stolen B. downloaded C. uploaded D. reproduced（分数：1.00）A.B.C.D.(7).A. legal B. available C.

47、beneficial D. helpful（分数：1.00）A.B.C.D.(8).A. disc B. monitor C. mouse D. speaker（分数：1.00）A.B.C.D.(9).A. society B. religion C. culture D. technology（分数：1.00）A.B.C.D.(10).A. effective B. difficult C. confusing D. practical（分数：1.00）A.B.C.D.五、PART FIVE(总题数：1，分数：10.00)The Concept of PropertyThe concept

48、of property has been the subject of much discussion and debate for philosophers, writers, politicians, and other intellectuals throughout history. James Fenimore Cooper, the popular American writer, saw (31) . as “the groundwork of moral independence“; Abraham Lincoln described it as “the fruit of l

49、abor“ and “ a positive good in the world ; for John Locke, the English philosopher and political theorist, it was “the reason (32) . men enter into society“; Walter Lippmann, the highly respected American journalist, (33) . it as “the only depend able foundation of personal liberty“; while Pierre J. Proudhon, the noted French anarchist, saw it as “theft“, saying it represented the exploitation of the worker.Philosophical and political definitions aside, property is a relativel