大学六级-1260及答案解析.doc

1、大学六级-1260 及答案解析(总分：668.00，做题时间：90 分钟)一、Part 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、Part Reading Compr(总题数：2，分数：70.00)Intellectual PropertyThe phrase intellectual property (IP) refers to the bundle of leg

2、al 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 ownership interes

3、t 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 law, it would

4、 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.General IntroductionWhen most people think of intellectual property rights, patents, trademarks and copyrights come to mind. This core se

5、t 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 p

6、rotection 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 soc

7、ietys 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 inventor to allow soci

8、ety 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 disclosur

9、e 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

10、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 en

11、forceability 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

12、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, rathe

13、r 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 m

14、ay 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.What Is a Patent?In general, a paten

15、t 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 pat

16、ent 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 hims

17、elf. 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 un

18、der 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 m

19、aking, 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 (including you) from u

20、sing 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 permi

21、ssion 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 permissi

22、on 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.What Are Trademarks?Like patents, trademark registrations in the US are issued by the United States Patent and Trademark Office. While a patent protects

23、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 trademark has nothing to

24、 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 manufacture

25、r 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.What Is a Copyright?A copyright protects the expression of an idea. Unlike a patent which protects the idea itself, the copyright protects only the expression. The id

26、ea 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

27、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 qualifi

28、es 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 copyrig

29、ht protection begins when the work is created and terminates 70 years after the death of the author.（分数：49.00）(1).Which of the following do IP rights protect?（分数：7.00）A.Land.B.Automobile.C.Broadway.D.Logo.(2).When issuing IP protection, an important matter is _.（分数：7.00）A.the balance between the int

30、erests of the inventor or author and that of the society.B.the balance required by zoning lawsC.the balance between the interests of land owners and that of the societyD.the balance between the attempt of protection and the real practice(3).How does IP rights foster a competitive marketplace?（分数：7.0

31、0）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.(4).Where docs the countries difference approaches to IP rights protection lie?（

32、分数：7.00）A.Desires for IP rights protection consistent.B.The procedure of obtaining IP rights.C.Substantive rights granted.D.Offices that grant the IP rights.(5).Which of the following is TRUE about the U.S. paten?（分数：7.00）A.It only protects U. S. citizens.B.It only protects designs made in the c6unt

33、ry.C.It only has effect within the country of U.S.D.It only allows the paten to be used in the country.(6).The inventor of the rocker chair may not be able to launch the chair into the market because _.（分数：7.00）A.he hasnt applied for the patentB.he himself cant make many chairsC.the rocker in the ch

34、air is protected by the patentD.the rocker chair has not been proved to be safe(7).What can you learn about the trademark protection in the U. S. ?（分数：7.00）A.It prevents a product from being copied.B.It tells the consumers what kind of product it is.C.It gives the inventor or author exclusive right.

35、D.It is granted by the same office that grants the patent.（分数：21.00）填空项 1:_填空项 1:_填空项 1:_三、Part Listening Com(总题数：0，分数：0.00)四、Section A(总题数：3，分数：105.00)A.She doesnt want to go out with the man.B.She will go if they share the expense for the dinner.C.She cant go as she will go abroad tonight.D.She as

36、ks the man to go abroad with her.A.It was quite easy.B.It was too difficult.C.It was useless.D.It made one feel dizzy.A.They didnt talk at all.B.They decided to go by plane.C.The plane failed to take off.D.They werent able to take a walk.A.At small neighborhood stores.B.In the stores close to his ho

37、me.C.At the supermarket.D.In the shop by the road.A.Todays seminar was informative.B.There will be nother seminar the following week.C.Next weeks seminar is on a different topic.D.There will be two seminars next week.A.The cause of the flood.B.The effects of the flood.C.The heroic fight against a fl

38、ood.D.Floods of the past twenty years.A.To open a gallery.B.To buy some new clothes in a hurry.C.To add up the cost before going shopping.D.To lose weight before getting any new clothes.A.The woman will attend her course at 7:45.B.The woman will be late for the blood test.C.The woman will have her b

39、lood tested before the first class.D.The woman decides to miss the first class for her blood test.Questions 19 to 22 are based on the conversation you have just heard.（分数：28.00）A.It has a beautiful scenery.B.The lions there are all locked.C.The monkeys there are very entertaining.D.It is in a very r

40、emote place with wild animals.A.She went to Safari Park.B.She went to Oxford.C.She watched the sun rise.D.She went to Stonehenge.A.It is very beautiful when the sun rises.B.Its good to appreciate the beauty.C.It is more beautiful when there is some fog.D.It looks very romantic when you drive past it

41、A.He loves travel more than anything else.B.He is a very romantic person.C.He is afraid of bigger animals.D.He used to study in a famous university.Questions 23 to 25 are based on the conversation you have just heard.（分数：21.00）A.He should listen more to the teacher.B.He should take part in some soc

42、ial activities.C.He should ask his professor for advice.D.He should learn to sing English songs.A.Because he can improve his language ability.B.Because he can have a good time singing.C.Because the woman says it is exciting.D.Because he has to meet his professor there.A.He will be singing traditiona

43、l English songs.B.He will be talking to his professor.C.He will be on his way to an English club.D.He will be practising his listening skills.五、Section B(总题数：3，分数：70.00)Passage OneQuestions 26 to 28 are based on the passage you have just heard.（分数：28.00）A.Expensive medicine.B.Good nursing.C.Better e

44、nvironment in hospitals.D.Recovery at home.A.Because they need medical advice.B.Because some patients want to buy their paintings.C.Because they are asked to give lectures to doctors and nurses.D.Because hospitals will be decorated with art collections.A.He is an artist who has collected a lot of pa

45、intings.B.He is a doctor who is good at painting.C.He is an artist who introduces art into hospitals.D.He is a follower of hospital art.A.Art is losing its audience in modern society.B.Art should be encouraged in hospitals.C.Works of art should have places for exhibition.D.Doctors and patients shoul

46、d learn painting.Passage TwoQuestions 20 to 32 are based on the passage you have just heard.（分数：21.00）A.Left.B.Right.C.Backwards.D.Forwards.A.He smashes it with its long powerful tail.B.He bites it with its terrible pointed teeth.C.He holds it below the water until it drowns.D.He swallows it because

47、 he has a huge mouth.A.Because they have all been shot.B.Because they are too dangerous.C.Because they are all hiding under the rivers.D.Because the weather does not suit them nowadays.Passage ThreeQuestions 33 to 35 are based on the passage you have just heard.（分数：21.00）A.Because there are many dev

48、eloping nations.B.Because people use so many motor vehicles.C.Because we have more and more industry.D.Because we are building more vehicles.A.Industry.B.Health.C.The future of our children.D.Clean air.A.Man knows where the society is going.B.People dont welcome the rapid development of modern socie

49、ty.C.The speaker is worried about the future of our modern society.D.Man can do nothing about the problem of pollution.六、Section C(总题数：1，分数：77.00)A million motorists leave their cars filled up with petrol and with the keys in the ignition every day. The cars aye sitting in petrol stations while drivers pay for their (36) . The Automobile Association (A. A. ) has discovered that cars are left (37) for an average three min