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 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 one’s ownership interest in tangible (有形的) objects, such as land and automobiles, IP rights protect one’s 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 law, 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. 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 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 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 owner has with society’s interest in the limited use of the owner’s land for society’s 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 inventor 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 encouraging 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, the 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 their 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 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 difference, 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 and 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. In 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 patent 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 patented 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" 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 stop others from making, using, selling or offering for sale your patented rocking chair. Let’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 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 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 giving 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. 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 thc patent owner’s 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 trademark has nothing to do with preventing a product from being copied. That is the role of a patent. The United States Patent and Trademark Office defines a trademark as any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name. A copyright protects the expression of an idea. Unlike a patent which protects the idea itself, the copyright protects only the expression. The idea of the chair with four legs discussed above can be protected by a patent. The expression of that idea through drawings, pictures and words can be protected by a copyright. In order to qualify for copyright protection, a work must be original to the author. To be original, the work: (1) must have been independently created by the author rather than being copied from other work(s) and, (2) must have at least a minimal degree of creativity. If these two conditions are not met, the work will not qualify as being original and is not entitled to copyright protection. However, a work still qualifies for copyright protection even if it includes non-original elements. For example, if an author rearranges non-original elements in an original way, the compilation will be considered to be original and qualified for copyright protection. Depending on when the work was created, the period of copyright protection begins when the work is created and terminates 70 years after the death of the author.How does IP rights foster a competitive marketplace A.They only offer protection for a certain period of time.B.They award people who improve their innovation.C.They provide a list of innovations for the society.D.They make the invention of the wheel free to the public.
The dream of the flying car could come down to earth soon as several start-ups like Chinese EHANG and Uber are developing so-called "passenger drones(无人机)"-self-flying drones big enough to ferry individual commuters around town-which could shrink commute(上下班往返) times from hours to minutes. At first glance, human-carrying drones sound no more realistic than flying cars. Until recently inventors had never been able to marry automobiles and aircraft in a practical way. Yet a few companies have kept at it: Woburn, for example, has since 2006 been developing Transition, a "roadable aircraft" that resembles a small airplane that can fold its wings and drive on roads. A personal flying car in every garage has proved to be a tough sell, however, as there are serious safety concerns about asking the average commuter to train for a pilot's license and take to the skies. Passenger drones, by contrast, would operate autonomously and leave the "roadable" part behind in favor of larger versions of aircraft that already exist. Passenger drone designs favor "distributed electric propulsion(推进)," meaning instead of one large rotor powered by a large engine they have multiple propellers each powered by its own, smaller motor. This sacrifices lifting power and flight performance in exchange for mechanical simplicity and lighter weight-factors that could make them cheaper to operate. Quieter electric power would make the noise tolerable to city residents, although it remains to be seen how much weight such a vehicle could lift, and for how long. With any of these vehicles, safety is the biggest concern and extends to both the aircraft and the automated systems flying them. Advanced artificial intelligence is needed to fly large numbers of autonomous aircraft without crashing them into one another or, say, the local news channel's traffic helicopter. Carrying people from points A to B seems simple enough, but even the best AI struggles with surprises: What, for example, would a drone do if a landing area suddenly became unavailable? asks Sanjiv Singh, a Carnegie Mellon University robotics researcher. Instead of leaping to fully automated passenger drones, he suggests first testing the necessary AI in unmanned cargo(货物)runs, and adopting a "mixed mode" approach in early passenger services where pilots are assisted by AI co-pilots. Technical challenges aside, start-ups promoting the technology will have to find a way to convince the public to give their drones a whirl, something that requires a much bigger leap of faith than getting into the backseat of a self-driving car. Passenger drone makers are "obviously still in the incubation(孵化) stages of technology development and improving the basics," says Mike Hirschberg, executive director of the American Helicopter Society International. "But 20 or 30 years from now life may be a little like The Jetsons where you take advantage of the third dimension and have much more mobility, especially in urban close quarters where ground transportation is gridlocked." The passenger drone progress may follow a sloping takeoff rather than vertical leap. Carnegie Mellon's Singh sees a long road ahead filled with lots of testing, analysis, regulation and efforts to win the public's trust before the technology becomes a viable transportation option. "There is the danger of someone moving too fast and then having a problem that sets the industry back for some time," he says.(1)Personal flying cars have failed to gain popularity among households mainly because ____ .A.people don't have the courage to take the cars to the air.B.people are unwilling to train for a pilot's license.C.people worry that they may not be qualified to fly the cars safely.D.it is practically impossible to combine cars and aircraft together.(2)Which of the following is NOT an advantage of passenger drones? ____ A. It can lift more weight.B. It is lighter in weight.C. It makes less noise.D. It is simpler in mechanical design.(3)What is Hirschberg's attitude towards passenger drones? ____ A. disapprovingB. neutralC. skepticalD. cautiously optimistic(4)We can learn from the passage that ____ .A.artificial intelligence can easily tackle the problems occurring in air traffic.B.human pilots in autonomous aircraft will endanger the safety of passengers.C.the passenger drone industry will make major breakthroughs in the near future.D.the public's distrust may hinder the development of passenger drones.
At rehearsal the next week,I was still getting ____ with media requests.A. attacked.B. around.C. bombardedD. surrounded
Peking Opera originated in China, and Western Opera originated in China.A 对B 错A. 对B. 错
Disabled visitors are welcome; there is good wheelchair _ to most facilities.A. availableB. accessC. applianceD. accessory
Her peculiar ( ) stems from her unfortunate childhood.A. natureB. personalityC. temperD. character
I have ____ misread the situation and made the wrong decision. ()A. utterB. utterlyC. utterableD. uttermost
These diseases affect children and are highly ____ (.)A. negativeB. infectiousC. evidentD. primary
26. (4.0分) In 1941, China's first animated film Princess Iron-Fan was released.A 对B 错A. 对B. 错
_____, the text became easier for us to learn.A.When new words were explainedB.Explaining new wordsC.New words explainingD.Being explained new words
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拼写合适的单词补全句子(答案不区分大小写;单词提提示中一根小短线代表一个字母)Something that is inf- - - - - has no limit,end,or edge.
拼写合适的单词补全句子(答案不区分大小写;单词提示中一根小短线代表一个字母) Someone or something that is so---- is very serious rather than cheerful or humorous.
These drugs are available over-the-counter without a(n)__________. ()A. infectionB. dosageC. prescription
The coming of the railways in the 1830s ________ our society and economic life.A. transferredB. transformedC. transportedD. transmitted
拼写合适的单词补全句子 ( 答案不区分大小写 ; 单词提示中一根小短线代表一个字母 ) A seq----- of events or things is a number of events or things that come one after another in a particular order.
拼写合适的单词补全句子 ( 答案不区分大小写 ; 单词提示中一根小短线代表一个 字母 ) If there is a bo-- in the economy, there is an increase in economic activity.
拼写合适的单词补全句子 ( 答案不区分大小写 ; 单词提示中一根小短线代表一个 字母 ) To enh ---- something means to improve its value, quality, or attractiveness.
选择合适的单词补全句子。-|||-I __ in the city.-|||-live lives
6. The children will now play some pieces of music that they ______ themselves. A.were taught posed C.accomplished D.worked7. While she waited,she tried to ______ her mind with pleasant thoughts of the vacation. A.occupy pose C.think D.intensify8. In the film,the peaceful life of a monk ______ the violent life of a murderer. A.is compared with B.is compared to C.is contrasted to D.is contrasted with9. ______ to pay for an order is simplicity itself. A.Use plastic B.Using plastics C.Using plastic D.Used plastic10. Additional time is required for cooking or ______ homemade dishes. A.chill B.to chill C.chilled D.chilling
一、拼写合适的单词补全句子(答案不区分大小写;单词提示中一根小短线代表一个字母) If someone is __ob---__ , they are extremely fat.
Elder and weaker Mr. Mag paid_visits to his old friends.A. scarceB. rare()C. insufficientD. inadequate
The increase in international business and in foreign investment has created a need for executives with knowledge of foreign languages and skills in cross-cultural communication. Americans, however, have not been well trained in either area and, consequently, have not enjoyed the same level of success in negotiation in an international arena as have their foreign counterparts. Negotiating is the process of communicating back and forth for the purpose of reaching an agreement. It involves persuasion and compromise, but in order to participate in either one, the negotiators must understand the ways in which people are persuaded and how compromise is reached within the culture of the negotiation. In many international business negotiations abroad, Americans are perceived as wealthy and impersonal. It often appears to the foreign negotiator that the American represents a large multi-million-dollar corporation that can afford to pay the price without bargaining further. The American negotiator’s role becomes that of an impersonal supplier of information and cash. In studies of American negotiators abroad, several traits have been identified that may serve to confirm this stereotypical perception, while undermining the negotiator’s position. Two traits in particular that cause cross-cultural misunderstanding are directness and impatience on the part of the American negotiator. Furthermore, American negotiators often insist on realizing short-term goals. Foreign negotiators, on the other hand, may value the relationship established between negotiators and may be willing to invest time in it for long-term benefits. In order to solidify the relationship, they may opt for indirect interactions without regard for the time involved in getting to know the other negotiator. Clearly, perceptions and differences in values affect the outcomes of negotiations and the success of negotiators. For Americans to play a more effective role in international business negotiations, they must put forth more effort to improve cross-cultural understanding. [共5题](1)What kind of manager is needed in present international business and foreign investment? [本题2分]A. The man who represents a large multi-million-dollar corporation. B. The man with knowledge of foreign languages and skills in cross-cultural communication. C. The man who is wealthy and impersonal. D. The man who can negotiate with his foreign counterparts.
拼写合适的单词补全句子 ( 答案不区分大小写 ; 单词提示中根小短线代表一个 字母 ) A va---- is a space that contains no air or other gas.
If you_________in a job for several years, you may be able to accumulate a lot of work experience and skills that would be beneficial to your future career development.A. have workedB. had workedC. have been workingD. had been working
拼写合适的单词补全句子 ( 答案不区分大小写 ; 单词提示中一根小短线代表一个 字母 ) To aut _ _ _ _ _ a factory , office , or industrial process means to put in machines which can do the work instead of people.
The Harry Potter series, written by J.K. Rowling, is perhaps the most popular set of novels of the modern era. With seven books and many successful films to its name, the series has gathered about 15 billion dollars in sales. How did the series become so popular? The reason can be broken down into several areas.The first book in the series was rejected 12 times before it was picked up by Bloomsbury—a small publisher in England. So receiving this contract was Rowling's first step to success. However, getting a book contract does not ensure the success of a book. The story was soon loved by children and adults alike. In light of this, Bloomsbury Publishing published a second version of the books with “adult” (less colorful and more boring) book covers. This made it easier for a full range of ages to enjoy the series.Another factor that worked like a charm was that the publisher and Rowling herself, through the books, conducted midnight releases, promotions, and pre-ordering more readers. Customers who feared that their local bookstore would run out of copies responded by pre-ordering over 700,000 copies before the July 8, 2000 release.What does the underlined word “releases” (Para. 3) mean?A. The activity that frees or expresses energy or emotion.B. The announcement about the book’s publishing information.C. The sales of books that is available only at midnight.
question or statement.Hot pot is a traditional dish in China. It is believed to date back more than 1,000 years to the time of the Jin Dynasty. Hot pot's origins can be found in the dining practices of Mongolian horsemen who rode across the steppe and into northern China. Legend has it that the Mongols used their helmets as pots to simmer (炖) broth (汤底) over open fires, and cooked chunks of meat in the broth.Hot pot cooking seems to have spread to northern China during the Tang Dynasty. In the regional variations developed with different ingredients such as seafood. In the centuries that witnessed the growth of the Song Dynasty, hot pot moved — and changed — further south, with each successive region adapting it to their local ingredients and tastes.The ingredients in a hot pot vary a lot from region to region. Perhaps the most famous hot pot is the Chongqing or Sichuan hot pot. It features a dark red broth chock-full (塞满了的) of spices, chili peppers, and the uniquely mouth-numbing Sichuan peppers. In Beijing and elsewhere in the north, hot pot broth tends to be mild and, compared to its racy southern "cousins", a little light. In the northeast of China, a kind of local sauerkraut (酸菜) is used to add some tang (强烈的味道), making the broth a bit sour. People can choose a version of hot pot according to their taste.1 Hot pot is believed to date back more than 1,000 years to the time of _______.A. the Jin Dynasty B. the Tang DynastyC. the Song Dynasty D. the Yuan Dynasty
ⅢComplete the following sentences with the given sentence structures-|||-get ready for.sa为························备-|||-e.g.Susan has to buy a lot of things to get ready for her trip.(苏珊不得不买很多东西为旅行做准备。)-|||-1 The boy got up early to __ (为上学做准备).-|||-2 I have a lot of work to do to __ (为明天做准备).
选择合适的单词补全句子