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➧ PROVA DE LÍNGUA INGLESA: CESPE-2013-INPE-NÍVEL SUPERIOR (CARGO 6), aplicação em 03/02/2013.
➧ BANCA/ORGANIZADOR: CESPE.
➧ GABARITO:
01-E, 02-C, 03-E, 04-E, 05-E
06-C, 07-C, 08-C, 09-C, 10-C
11-E, 12-C, 13-C, 14-X, 15-C
16-C, 17-E, 18-E, 19-C, 20-C
➧ DICAS:
Vocábulos RADICAIS como "exclusive","never","always","for sure", etc, via de regra invalidam a afirmativa.
➧ TEXT I:
Intellectual Property
Industrial property legislation is part of the wider body of law known as intellectual property. Intellectual property relates to items of information or knowledge, which can be incorporated in tangible objects at the same time in an unlimited number of copies at different locations anywhere in the world. The property is not in those copies but in the information or knowledge reflected in them.
Intellectual property rights are also characterized by certain limitations, such as limited duration in the case of copyright and patents.
Intellectual property rights are also characterized by certain limitations, such as limited duration in the case of copyright and patents.
The importance of protecting intellectual property was first recognized in the Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886. Both treaties are administered by the World Intellectual Property Organization (WIPO).
Countries generally have laws to protect intellectual property for two main reasons. One is to give statutory expression to the moral and economic rights of creators in their creations and to the rights of the public in accessing those creations. The second is to promote creativity and the dissemination and application of its results, and to encourage fair trade, which would contribute to economic and social development.
Intellectual property is usually divided into two branches, namely industrial property and copyright.
Copyright relates to artistic creations, such as poems, novels, music, paintings, and cinematographic works. The expression copyright refers to the main act which, in respect of literary and artistic creations, may be made only by the author or with his authorization.
The broad application of the term “industrial” is clearly set out in the Paris Convention for the Protection of Industrial Property (Article 1 (3)): “Industrial property shall be understood in the broadest sense and shall apply not only to industry and commerce proper, but likewise to agricultural and extractive industries and to all manufactured or natural products, for example, wines, grain, tobacco leaf, fruit, cattle, minerals, mineral waters, beer, flowers, and flour.”
Industrial property takes a range of forms. These include patents to protect inventions; and industrial designs, which are aesthetic creations determining the appearance of industrial products. Industrial property also covers trademarks, service marks, layout-designs of integrated circuits, commercial names and designations, as well as geographical indications, and protection against unfair competition. In some of these, the aspect of intellectual creation, although existent, is less clearly defined. What counts here is that the object of industrial property typically consists of signs transmitting information, in particular to consumers, as regards products and services offered on the market. Protection is directed against unauthorized use of such signs likely to mislead consumers, and against misleading practices in general.
Understanding Industrial Property. World Intellectual Property Organization – WIPO, p. 3-5. In: Internet: <http://www.wipo.int> (adapted).
According to the text above, judge the following items.
01. The term "property" can be replaced by the word propriety, without distorting the general meaning of the text.
02. Copyright and Industrial Property are normally considered as the two constituents of Intellectual Property.
03. The international organization WIPO is responsible for enacting legislation intended to regulate intellectual property in every country.
04. Intellectual property laws concern themselves with the property of the copies of artistic or industrial products.
05. Protection granted by industrial property rights is exclusive to those products in which the aspects of intellectual creation are explicit.
06. "Intellectual property" is an umbrella term which defines a group of laws, including those concerning industrial property.
➧ TEXT II:
An Economic History of Patent Institutions
Scholars such as Max Weber and Douglass North have suggested that intellectual property systems had an important impact on the course of economic development. However, questions from other eras are still current today, ranging from whether patents and copyrights constitute ideal policies toward intellectual inventions and their philosophical rationale to the growing concerns of international political economy. Throughout their history, patent and copyright regimes have confronted and accommodated technological innovations that were no less significant and contentious for their time than those of the
twenty-first century.
twenty-first century.
The British Patent System
Britain is noted for the establishment of a patent system which has been in continuous operation for a longer period than any other in the world. English monarchs frequently used patents to reward favorites with privileges, such as monopolies over trade that increased the retail prices of commodities. It was not until the seventeenth century that patents were associated entirely with awards to inventors, when Section 6 of the Statute of Monopolies repealed the practice of royal monopoly grants to all except patentees of inventions.
The British patent system established significant barriers in the form of prohibitively high costs that limited access to property rights in invention to a privileged few. Patent fees provided an important source of revenues for the Crown and its employees, and created a class of administrators who had strong incentives to block proposed reforms.
In addition to the monetary costs, complicated administrative procedures that inventors had to follow made transactions costs also high. Thus nation-wide lobbies of manufacturers and patentees expressed dissatisfaction with the operation of the British patent system. However, it was not until after the Crystal Palace Exhibition in 1851 that their concerns were finally addressed, in an effort to meet the burgeoning competition from the United States. In 1852 the efforts of numerous societies and of individual engineers, inventors and manufacturers that had been made over many decades were finally rewarded. Parliament approved the Patent Law Amendment Act, which authorized the first major adjustment of the system in two centuries.
However, the adjustments made at that time were not completely satisfactory. One source of dissatisfaction that endured until the end of the nineteenth century was the state of the common law regarding patents. British patents were granted "by the grace of the Crown" and therefore were subject to any restrictions that the government cared to impose. According to the statutes, as a matter of national expediency, patents were to be granted if "they be not contrary to the law, nor mischievous to the State, by raising prices of commodities at home, or to the hurt of trade, or generally inconvenient." The Crown possessed the ability to revoke any patents that were deemed inconvenient or contrary to public policy. […]
The Patent System in the United States
The United States stands out as having established one of the most successful patent systems in the world. American industrial supremacy has frequently been credited to its favorable treatment of inventors and the inducements held out for inventive activity. The first Article of the U.S. Constitution included a clause to "promote the Progress of Science and the useful Arts by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." Congress complied by passing a patent statute in April 1790. In 1836 the United States created the first modern patent institution in the world, a system whose features differed in significant respects from those of other major countries.
The primary feature of the "American system" is that all applications are subject to an examination for conformity with the laws and for novelty. An examination system was set in place in 1790, when a select committee consisting of the Secretary of State (Thomas Jefferson), the Attorney General and the Secretary of War scrutinized the applications. These duties proved to be too time-consuming for highly ranked officials who had other onerous duties, so three years later it was replaced by a registration system. The validity of patents was left up to the district courts, which had the power to set in motion a process that could end in the repeal of the patent.
Another important feature of the American patent system is that it was based on the presumption that social welfare coincided with the individual welfare of inventors. Accordingly, legislators rejected restrictions on the rights of American inventors.
Nevertheless, economists such as Joseph Schumpeter have linked market concentration and innovation, and patent rights are often felt to encourage the establishment of monopoly enterprises. Thus, an important aspect of the enforcement of patents and intellectual property in general depends on competition or antitrust policies. The attitudes of the judiciary towards patent conflicts are primarily shaped by their interpretation of the monopoly aspect of the patent grant. The American judiciary in the early nineteenth century did not recognize patents as monopolies, arguing that patentees added to social welfare through innovations which had never existed before, whereas monopolists secured to themselves rights that already belong to the public.[…]
According to the information provided by text, judge the items below.
B. Zorina Khan. In: Internet: <http://eh.net/encyclopedia/article/khan.patents> (adapted).
07. Although they play an important role in the economic development of countries, patents and copyrights are still questioned as effective instruments for dealing with intellectual inventions.
08. The British patent system is the oldest one in the world, but it only took the form that we are familiar with today, i.e. protection for inventors, after the seventeenth century.
09. Before regulation, British monarchs would use the patent system unfairly, thus favoring some people over others, which led to the increase in the prices of goods.
10. The word “patentees” (ℓ.12) can be understood as patent holders.
11. The new class of administrators that emerged from the patent fees system would not agree with the high costs of the patent procedure.
12. In mid-nineteenth century, the British patent system was adjusted in order to be able to face business competition with the expanding American market.
13. Up to the end of the nineteenth century, not all patents requested would be granted; they had to be approved by the Crown.
14. The Crown had the power to refuse the issuing of patents that would violate the laws or raise the prices of goods unjustifiably.
15. It is believed that the outstanding performance of the US industry is due to the efficiency of this country’s patent system.
16. The basis of a system for protecting intellectual inventions was already stated in the U.S. Constitution.
17. Innovation was one of the criteria required by the committee responsible for examining the applications for patents.
18. In the American patent system, the idea of protection of individual rights goes against the idea of collective welfare.
19. Some economists establish a cause and effect relation between patent laws and the constitution of monopolies.
20. The American judiciary argues that the difference between patentees and monopolists lies in the innovative skills that the former display.
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