[外语类试卷]大学英语六级模拟试卷548及答案与解析.doc
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1、大学英语六级模拟试卷 548及答案与解析 一、 Part I Writing (30 minutes) 1 For this part, you are allowed 30 minutes to write a short essay entitled On Village Officials. You should write at least 150 words following the outline given below: 1很多大学生选择到基层做村官 2人们对此观点各异 3我的看法 On Village Officials 二、 Part II Reading Comprehe
2、nsion (Skimming and Scanning) (15 minutes) Directions: In this part, you will have 15 minutes to go over the passage quickly and answer the questions attached to the passage. For questions 1-4, mark: Y (for YES) if the statement agrees with the information given in the passage; N (for NO) if the sta
3、tement contradicts the information given in the passage; NG (for NOT GIVEN) if the information is not given in the passage. 1 Intellectual Property The phrase intellectual property (IP) refers to the bundle of legal rights that arise from the creative genius of the human mind. IP rights play an impo
4、rtant 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 ownership interest in tangible (有形的 ) objects, such as land and automobiles. IP rights protect ones owne
5、rship 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 law, it would be difficult for society to prosper and grow. In this article, you will learn what in
6、tellectual property rights are and the differences between its various forms. General Introduction When most people think of intellectual property rights, patents, trademarks and copyrights come to mind. This core set of IP rights reward and protect the creative works of inventors, authors, owners a
7、nd 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 or copyright protection requires a delicate balance between the interests of the inventor or auth
8、or 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 owner has with societys interest in the limited use of the owners land for societys greater good. Pub
9、lic 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 inventor to allow society free access to the patented drug? Is it fair to society to be denied access fo
10、r 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 encouraging disclosure of innovation through protecting the fruits of that innovation for a period of
11、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, the marketplace would not operate effectively. Imagine what the world would be like if every comp
12、etitor 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 their grant and enforceability are governed by the laws of each jurisdiction (管辖区域 ). A US patent
13、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 registered and enforced in Mexico in accordance with its laws. While there is a desire to be
14、 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 difference, rather than the differences in the substantive rights granted in each country. The
15、 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 and trademarks may be associated with the same product, the two words have very different me
16、anings 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. What Is a Patent? In general, a patent is used to protect the intellectual property rights associated with the
17、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 patent gives the patent owner the “exclusive right“ to stop others from making, using, selling
18、 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 patented invention himself. The patent owner has only the “exclusive right“ to stop others from d
19、oing 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“ granted to him under his patent. This is an important distinction and the following example
20、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 stop others from making, using, selling or offering for sale your patented rocking chair. Let
21、s 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 (including you) from using his patented rockers. Your use of the patented rockers on your rocking
22、 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 first obtaining permission from the rocker patent owner. The rocker patent owner is not require
23、d 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 giving his permission in exchange for a licensing fee. The term for a patent is 20 years fro
24、m the filing date of the patent application from which leads to the patent. What Are Trademarks? Like patents, trademark registrations in the US are issued by the United States Patent and Trademark Office. While a patent protects a product from unauthorized copying through the patent owners exclusiv
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