However， the party challenged with patent infringement can escape liability in a variety of ways. One way is by proving that the challenged productor process is outside the scope of 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 patentto achieve something illegally. The most common type of misuse occurs when the patent holder uses the patent to violate the antitrust laws.
A copyright protects the physical expression of intellectual or artistic effort， not the idea. A copyright is effective for the life of the creator plus fifty years. Anyone who creates an original work is protected by an automatic common law copyright. Published materials without statutory copyright protection are said to be in the public domain and may be used by anyone， without the consent of the creator. To obtain statutory copyright protection， materials must be published with the copyright notice， which takes the form of theword“copyright”or theabbreviation copr. ， or the symbolfollowed by the name of the copyright owner. Copyrights may be registered with the Register of Copyright and copies of the copyrighted material are provided by the Library of Congress. If one violates the copyright created by the copyright notice， he may only be enjoined from future violations. If he violates a copyrightcreated by registration， he may be liable for damages， fines or imprisonment. Owners of copyrights may assign their ownership to others.
A trademark is a mark on goods that distinguishes the marked goods from competing goods. The mark may be a word， picture or design. In order to qualify as a trademark， the mark must not be overly deive or generic. Trademarks are protected through registration. Unauthorized use of the registered trademarks of others is illegal. Public perception plays a significant role in trademark law. If the public comes to perceive that a trademark is generic， it will lose its legal status as a trademark. Public perception can also create a legal right for an attribute of a product. If a product s shape or style or features are arbitrary and nonfunctional， and the general public comes to view these features as associated with a particular product， they are said to have acquired a secondary meaning， which may be registered and protected.
A trade secret may consist of any formula， device or compilation of information which is used in one s business， and which gives him an opportunity to obtain an advantage over competitors who do notknow or use it. Trade secrets must be kept secret. To qualify for protection， the secret must give the firm a competitive advantage. Unlike patents and copyrights， there is no time limit on the life of a trade secret. It is effective as long as the secrecy is maintained. The law protects trade secrets from wrongful appropriation. This does not mean that a competitor cannot use the same manufacturing process. It only means that the competitor must arrive at the idea independently.
intellectual / int lektju l /adj.智力的；理智的，善于思维的
exclusive /ik sklu siv/adj.独有的，特有的
artistic /tistik/adj.艺术的，有美感的，风雅的
adaptation / d p tei n/n.适应，改编
disclosure /dis kl u/n.公开，透露
denote /di n ut/vt.指示；指出
stimulate / stimjuleit/vt.刺激；激励
monopoly /m n p li/n.垄断，专卖
diffusion/di fjun/n.传播；扩散
redress /ri dres/n.补偿，赔偿；矫正
infringement /in frind m nt/n.侵犯；违反
invalid / inv li d/adj.无效的；有病的；残废的
antitrust /nti tr st/adj.反垄断的
statutory / st tjut ri /adj.法定的；法令的；可依法惩处的
unauthorized / nraizd/adj.未被授权的；独断的；非法的
I ntel l ectualproperty ri ghts知识产权
fi nanci ali ncenti ve经济刺激
technol ogy di ffusi on技术扩散
l egalm onopol y法定专利，合法垄断
W I PO （W orl d I ntel l ectualProperty Organi zati on）世界知识产权组织
non- ri valgoods非竞争性商品
m onopol y ri ghts独占权
1.xclusive rights （专有权）： In Anglo-Saxon law， an exclusive right is a de facto， nonangible prerogative existing in law （ that is， the power or， in a wider sense， right） to erform an action or acquirea benefit and to permit or deny others therightto perform the sameactionor to acquirethe samebenefit. Whilsta“prerogative”is in effect an exclusive right， the termis restricted for use for official stateor sovereign powers. Exclusive rights can beestablished by law or by contractual obligation， but the scopeof enforceability will depend upon the extent to which others are bound by the instrument establishing the exclusive rights； thus in the case of contractual rights， only persons that are parties to a contract will be affected by the exclusivity. Exclusive rights may be granted in property law and intellectual property law as well as in relation to public utilities. Many scholars argue that such rights formthe basis for the concepts of property and ownership.
2.onopoly profits （垄断利润）： In economics， a firm is said to reap monopoly profits hen a lack of viable market competition allows it to set its prices above the equilibrium rice for a good or servicewithout losing profits to competitors. Monopoly profit is a type of economic profit， that is， it is a profit greater than the normal profit that is typical in a perfectly competitive industry. Theresulting price is known as the monopoly price.
3.arginal cost （边际成本） ： In economics and finance， marginal cost is the change in otal cost that arises when thequantity produced changes by oneunit. Mathematically， the marginal cost （ MC） function is expressed as the first derivative of the total cost （ TC） function with respect to quantity （ Q） . Note that the marginal cost may change with volume， and so at each level of production， the marginal cost is the cost of the next unit produced.
