1、商务英语阅读（下册）（第二版）unit 10 知 识产权Teaching Objectivesv了解知识产权的基本概念v了解知识产权的简单发展过程v了解知识产权所包含的几种形式v了解知识产权的各种形式具体内容及其对经济发展的影响Teaching Emphases vknowledge economyveconomic growthveconomic rightsvpatents/copyrights/trademarks/trade secretsveconomic benefits/economic advantagevforeign direct investmentContent vTe
2、xt vFast Reading IvFast Reading II TEXT IPR and Economic GrowthPre-reading questions1.Have you heard of Intellectual Property Right before?2.What do you think belongs to Intellectual Property Right?Name one or two.3.Do you think it is necessary to protect Intellectual Property Rights?Why?With the sw
3、ift and violent development of the knowledge economy,the countries all over the world are aware of the tremendous influence of the intellectual property rights to their economic development.The information and original expressions of creative individuals is known as intellectual property(IP).The ear
4、liest use of the term“intellectual property”was in October,1845,in a patent case,Justice Charls L.Woodbury wrote,“only in this way can we protect intellectual property,the labors of the mind,production and interests as much a mans ownas the wheat he cultivates,or the flocks he rears.”The terms wides
5、pread popularity is a much more modern phenomenon.It was very uncommon until the 1967 establishment of the World Intellectual Property Organization,which actively promote the term.Still it was rarely used without scare quotes until 1980.The key forms of intellectual property are patents,copyrights,t
6、rademarks,and trade secrets.Because intellectual property shares many of the characteristics of real and personal property,associated rights permit intellectual property to be treated as an asset that can be bought,sold,licensed,or even given away at no cost.Countries in the world such as the United
7、 States,Japan,and the Netherlands protect inventions;literary and artistic works;and symbols,images,names,and designs used in commerce,all of this are in the range of intellectual property rights.They know safeguarding these property rights fosters economic growth,provides incentives for technologic
8、al innovation,and attracts investment that will create new jobs and opportunities for all their citizens.Copyright Copyright is a legal term describing the economic rights given to creators of literary and artistic works,including the right to reproduce the work,to make copies,and to perform or disp
9、lay the work publicly.Copyrights offer essentially the only protection for music,films,novels,poems,architecture,and other works of cultural value.Computer programs and sound recordings are now protected,too.Copyright protection is a necessary ingredient for ensuring cultural wealth in our societies
10、.Society benefits because the incentive to create will yield a rich and varied cultural menu for its citizens.Lacking copyright protection,information can be freely adapted to suit the users needs,and the original inventor and creator cannot enjoy the fruit of their invention and creation.Patents A
11、patent is a contract between society as a whole and an individual inventor.Under the terms of the social contract,the inventor is given the exclusive right to prevent others from making,using,and selling a patented invention for a fixed period of time-in most countries,for up to 20 years-in return f
12、or the inventors disclosing the details of the invention to the public.Patents protect diverse inventions such as industrial designs,manufacturing processes,high-tech products,and molecular compounds.Many products would not exist without patent protection,especially those that require substantial in
13、vestments but,once sold,can be easily duplicated by competitors.Patents,however,are not easily obtained.Patent rights are granted not for vague ideas but for carefully tailored claims.To avoid protecting technology already available,or within easy reach of ordinary artisans,those claims are examined
14、 by experts.Strengthened patent protection can be linked to tangible economic benefits.Trademarks Trademarks are commercial source indicators,distinctive signs that identify certain goods or services produced or provided by a specific person or enterprise.Trademarks are especially important when con
15、sumers and producers are far away from one another.Throughout most of the world,trademarks must be registered to be enforceable,and registrations must be renewed.Yet,while copyrights and patents eventually expire,names of companies that treat customers well become increasingly valuable over time.If
16、trademark rights were to expire,consumers would be collectively harmed as much as owners.Imagine the confusion if unaffiliated firms could sell products under another companys trademark.And consider,for example,the dubious quality of counterfeit and fake drugs and their potential for causing great h
17、arm,if not death,to unsuspecting users.A trademark is a word,phrase,symbol,or design,or a combination of words,phrases,symbols,or designs,that identifies and distinguishes the source of the goods of one party from those of others.They thus identify the producer of a product and serve as an indicator
18、 of quality.They also inform consumers where to seek recourse if the product fails.Some forms of trademarks have been around for thousands of years.Visitors to the Great Wall in China can still see the original producers mark on some of its bricks.This mark allowed the emperors of that time to be as
19、sured of quality and,if needed,accountability.This assurance of quality and accountability is completely lost when counterfeiters illegally use a trademark and deceive consumers with their goods.When many people think of counterfeit goods,they might bring to mind items such as fake Rolex watches,Zip
20、po lighters,or Louis Vuitton handbags.The counterfeiting of these goods does inflict serious harm on legitimate companies,and it deprives governments of revenues.But counterfeiting of trademarks has another serious consequence.It can threaten the health and safety of the public.Trade Secrets Any inf
21、ormation that may be used in the operation of a business and that is sufficiently valuable to afford an actual or potential economic advantage is considered a trade secret.Examples of trade secrets can be formulas for products,such as the formula for Coca-Cola;compilations of information that provid
22、e a business with a competitive advantage,such as a database listing customers;and even advertising strategies and distribution processes.Unlike patents,trade secrets are protected for a theoretically unlimited period of time,and without any procedural formalities.However,Trade secrets tend to escap
23、e and protection is not free.Under the best of circumstances,firms must restrict access to premises and documents,educate key employees and government inspectors,and closely monitor publications and trade show presentations.Although secrecy is expensive to maintain,large companies rely heavily on it
24、 when patents are not available.The larger the company,the more it needs legal protection for its commercial secrets.Intellectual property rights were first included in the Uruguay Round negotiations of the General Agreement on Tariffs and Trade(GATT),1986-1993,with the Agreement on Trade-Related As
25、pects of Intellectual Property Rights(TRIPS).TRIPS requires signatories to make it easier for their citizens and others to obtain and enforce IP rights,although it does not deal with domain names as such.Domain name is an emerging IP issue.Across the range of income levels,intellectual property righ
26、ts(IPR)are associated with greater trade and foreign direct investment flows,which in turn translate into faster rates of economic growth.Protection of intellectual property is growing important for todays globalized economies.Language points knowledge economy knowledge-oriented economy,knowledge ba
27、sed economy知识经济 亦称智能经济，以知识为基础的经济，与农业经济、工业经济相对应，以人力资本为基本要素，主要体现在教育、医疗、艺术和科技四个领域，共同特征是脑力劳动和生产创新。Language points rear-v.to care for young animals or children until they are able to care for themselves 培养，饲养e.g.1.Some women make a deliberate choice to rear a child alone.2.He describes how these birds re
28、ar their young.3.the flocks he rears 他饲养的牲畜Language points popularity-n.when something is liked,enjoyed or supported by many peoplee.g.the increasing popularity of organic foodLanguage points World Intellectual Property Organization WIPO世界知识产权组织 1967年7月14日，“国际保护工业产权联盟”（巴黎联盟）和“国际保护文学艺术作品联盟”（伯尔尼联盟）的51
29、个成员在瑞典首都斯德哥尔摩共同建立。1970年4月26日，建立世界知识产权组织公约生效。1974年12月，该组织成为联合国系统的一个知识产权专门机构。世界知识产权组织、世界贸易组织、联合国教科文组织是现今三个最主要的管理知识产权条约的国际组织（后两个国际组织不是知识产权专门机构）。世界知识产权组织的总部设在瑞士日内瓦，在美国纽约联合国大厦设有联络处。至2004年10月，共有成员国181个。Language points real property real estate 不动产，房地产，土地财产In the past five years,real property taxes have in
30、creased 32 percent,fully three and a half times faster than wages have increased(2007).过去的五年，房地产税增长了百分之三十二，比工资增长整整快了三倍半(2007)。Language points incentive-n.a positive motivational influence；鼓励，动机e.g.personal incentives-adj.serving to induce or motivate 刺激性的,鼓励性质的,诱发的e.g.an incentive bonus for high pro
31、ductivity social incentive structures Language points technological innovation技术革新Language points cultural value文化价值是指客观事物所具有的能够满足一定文化需要的特殊性质或者能够反映一定文化形态的属性。Language points cultural wealth文化财富the collection of arts,architectures,etc.,that help to define the culture of a regionLanguage points ingredi
32、ent-n.a component of a mixture or compound 成分，因素e.g.The list of ingredients included 250g of almonds.-n.one of the parts of something successfule.g.Trust is a vital ingredient in a successful marriage.Language points molecular compounds分子化合物Language points duplicate-v.copy something:to make an ident
33、ical version of something one or more times复写，复制e.g.1.Can you duplicate(=use a special machine to copy)this document for me?你能不能帮我把这份文件复印一份？2.Businesses should make sure important records and files are duplicated and stored in another location.公司要确保重要报告和文件复制并存放在另一地方。Language points tangible economic
34、 benefits 切实的经济利益tangible实际的，切实的economic benefits经济利益tangible benefits切实利益Xinjiang locals enjoy most tangible benefits from development.新疆当地百姓享受发展带来的切实利益。Language points unaffiliated affiliated -adj.being joined in close association附属的;有关连的;分支的e.g.an affiliated company 分公司unaffiliated-adj.not affili
35、ated 未加入的，与无联系的e.g.unaffiliated firmsLanguage points dubious-adj.of uncertain quality不可靠的；可能有问题的e.g.The thesis is based on several dubious assumptions.-adj.not convinced 可疑的e.g.These claims are dubious and not scientifically proven.Language points distinguish from把与区别开 These sites are very hard to d
36、istinguish from the real ones.很难把这些网站与真的网站区别开。Language points deprive ofto take something away from They deprived him of food and drink.Language points compilation compile -v.to collect information from a variety of places and arrange it in a book,report or list 编辑，汇编 e.g.Were compiling some facts a
37、nd figures for a documentary on the pilation -n.the act of compiling something 编辑 e.g.A team of four were involved in the compilation of the book.Language points proceduralprocedure-n.a set of actions which is the official or accepted way of doing something 程序，手续e.g.The company has new procedures fo
38、r dealing with complaints.procedural-adj.of or relating to procedure 程序上的e.g.procedural errors/mattersLanguage points premise-n.an idea or theory on which a statement or action is based 前提e.g.The research project is based on the premise stated earlier.Language points Agreement on Trade Related Aspec
39、ts of Intellectual Property Rights(TRIPS)关贸总协定知识产权协议，是世界贸易组织成员共同遵守的保护知识产权的国际规则I.Answer the following questions based on the text.1.What are intellectual property rights?Name the forms of IPR?The information and original expressions of creative individuals is known as intellectual property(IP)The key
40、 forms of intellectual property are patents,copyrights,trademarks,and trade secrets.I.Answer the following questions based on the text.2.Why can IPR be bought and sold?Because intellectual property shares many of the characteristics of real and personal property,associated rights permit intellectual
41、 property to be treated as an asset that can be bought,sold,licensed,or even given away at no cost.I.Answer the following questions based on the text.3.What is copyright?What is patent?Do they have any influence on economic growth?Copyright is a legal term describing the economic rights given to cre
42、ators of literary and artistic works,including the right to reproduce the work,to make copies,and to perform or display the work publicly.Copyright protection is a necessary ingredient for ensuring cultural wealth in our societies.Society benefits because the incentive to create will yield a rich an
43、d varied cultural menu for its citizens.A patent is a contract between society as a whole and an individual inventor.Strengthened patent protection can be linked to tangible economic benefits.I.Answer the following questions based on the text.4.What is trademark?What does it include?What is the func
44、tion of a trademark?Trademarks are commercial source indicators,distinctive signs that identify certain goods or services produced or provided by a specific person or enterprise.A trademark is a word,phrase,symbol,or design,or a combination of words,phrases,symbols,or designs.A trade mark identifies
45、 and distinguishes the source of the goods of one party from those of others,identifies the producer of a product and serves as an indicator of quality,and also informs consumers where to seek recourse if the product fails.I.Answer the following questions based on the text.5.Do trade secrets belong
46、to IPR?What does the large company do with trade secrets?Any information that may be used in the operation of a business and that is sufficiently valuable to afford an actual or potential economic advantage is considered a trade secret.The larger the company,the more it needs legal protection for it
47、s commercial secrets.II.Read the following terms and match each with its proper definition.1.Counterfeit2.knowledge-economy 3.Patent 4.Trademark5.trade secret6.domain name7.Revenue8.IPR9.copyright 10.accountability a.the legal right to be the only maker or seller of a book,play,movie or record for a
48、 specific length of timeb.money that government receives from taxc.information used in the operation of a business,sufficiently valuable to afford an actual or potential economic advantage d.associated with high-technology industries such as telecommunications and financial services.e.intellectual p
49、roperty rights,applied to property produced on the basis of intellectual creation,particularly inventions and works of literature or art.f.to copy something exactly in order to deceive peopleg.Responsibilityh.a symbol used to indicate an address on the mercial source indicators,distinctive signs tha
50、t identify certain goods or services produced or provided by a specific person or enterprisej.a contract between society as a whole and an individual inventor 1.f 2.d 3.j 4.i 5.c 6.h 7.b 8.e 9.a 10.g III.Translate the following passage into Chinese 1.With the swift and violent development of the kno
