书城外语法律专业英语教程
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第43章 The Intellectual Property Law 知识产权法(3)

4. ntellectual property (知识产权(法) ): Intellectual property ( IP) are legal property ights over creations of the mind, both artistic and commercial, and the corresponding ields of law. Under intellectual property law, owners are granted certain exclusive rights o a variety of intangible assets, such as musical, literary, and artistic works; ideas, iscoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property include copyrights, trademarks, patents, and trade secrets.

5. opyright (著作权): Copyright is a formof intellectual property which gives thecreator of original work exclusive rights for a certain time period in relation to that work, including its publication, distribution and adaptation; after which time the work is said to enter the public domain. Copyright applies to any expressible formof an idea or information that is substantive and discrete. Somejurisdictions also recognize“moral rights”of thecreator of a work, such as the right to be credited for the work.

6. rademark (商标) : A trademark or trade mark, identified by the symbolsTM( not yet egistered) and( registered) , or mark is a distinctive sign or indicator used by an ndividual, business organization or other legal entity to identify that the products and/or ervices to consumers with which the trademark appears originate from a unique source of origin, and to distinguish its products or services fromthose of other entities. A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of nonconventional trademarks comprising marks which do not fall into thesestandard categories.

7.atent (专利): A patent is a set of exclusiverights granted by a stateto an inventor or his assignee for a long fixed period of time in exchange for a disclosure of an invention. A patent is to reassure that an idea has already been used by another person.

I Reading comprehension.

1.hat are intellectual property rights?

2. What are the two categories of intellectual property rights?

3. What is the characteristics of intellectual property as opposed to physical effort ?

4. What is a trademark?

5. What is the main objectiveof intellectual property?

6. When does technology diffusion occur?

II Phrase translation from Chinese into English.

1.知识产权 2.版权

3.工业产权4.商标

5.技术扩散6.专利权

7.独占权8.法定专利,合法垄断

IIIFill in the blanks with the words and expressions in the box.

monopolies governing property commonplace

inventionscommercialtermcopyrights

Intellectual property ( IP) is a number of distinct types of legal ( 1)over creations of the mind, both artistic and ( 2), and the corresponding fields of law. Under intellectual ( 3)law, owners aregranted certain exclusiverights to a variety of intangible assets,such as musical,literary,and artistic works;discoveries and( 4); and words, phrases, symbols, and designs. Common types of intellectual property include ( 5), trademarks, patents, industrial design rights and trade secrets in some jurisdictions.

Although many of the legal principles ( 6)intellectual property have evolved over centuries, it was not until the19th century that the ( 7)intellectual property began to be used, and not until the late 20th century that it became ( 8)in the United States.

IV Paragraph translation from English into Chinese.

However, the party challenged with patent infringement can escape liability in a variety of ways. Oneway is by proving thatthechallenged product or process is outside thescopeof the patent. Another way is by proving that the patent is invalid because it fails to meet the criteria for patentability. A third way is to establish that the patent holder has misused the patent. Misuse of a patent occurs when a patent holder uses the patent to achieve something illegally. The most common type of misuse occurs when the patent holder uses the patent to violate theantitrust laws.

V Paragraph translation from Chinese into English.

商标是用来区别被标记的商品和相竞争的商品间的商品标记。商标可以是一个词、一张画或者一项设计。为了符合商标的标准,标记不能是过度描述的或普通的。商标通过注册保护。未经授权使用他人注册商标是违法的。公众的认知在商标法中扮演着一个重要的角色。如果公众开始认为某个商标是普通的,它将会失去商标的法律地位。公众的认知也能为产品的某个性质创造法律权利。如果一产品的形状、式样或特征是任意的且不具备功能性的,而公众将其视为与特定的产品有联系的话,它就被称为取得了引申义,那么该形状、式样或特征也可以注册并受到保护。

VI Discussion.

Googleout and explore the characteristics of U.S.intellectual property law.

Copyright

With the development of society, intangible property dwarfs tangible property in value and importance. Especially, in knowledge economy society, intellectual products become more and more valuable than physical products so that a new category of property appears.That is intellectual property which includes patent,copyright, trademark. Patents and copyrights are protected because they are original creations; trademarks are protected because they have commercial value.