Questões de Inglês

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.
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 gindustrialh is clearly set out in the Paris Convention for the Protection of Industrial Property

(Article 1 (3)): gIndustrial 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.h
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: (adapted).


According to the text above, judge the following items.

Copyright and Industrial Property are normally considered as the two constituents of Intellectual Property.

A resposta correta é:

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.
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 gindustrialh is clearly set out in the Paris Convention for the Protection of Industrial Property

(Article 1 (3)): gIndustrial 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.h
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: (adapted).


According to the text above, judge the following items.

The term "property" can be replaced by the word propriety, without distorting the general meaning of the text.

A resposta correta é:

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.
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.[...]

B. Zorina Khan. In: Internet: (adapted).


According to the information provided by text, judge the items below.

The new class of administrators that emerged from the patent fees system would not agree with the high costs of the patent procedure.

A resposta correta é:

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.
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.[...]

B. Zorina Khan. In: Internet: (adapted).


According to the information provided by text, judge the items below.

The word "patentees" (l.12) can be understood as patent holders.

A resposta correta é:

The proposition “Copyright is Dead, Long Live the
Pirates” was put to the audience after a debate last night on
intellectual property and the need to ensure creators of content
are paid for their work.

Of the audience at Melbourne Town Hall, 49% voted
for the proposition, with 36% against and 15% undecided.
The forum was part of a year-round program of
lectures, readings and debates.

Lori Flekser, executive director of the Intellectual
Property Awareness Foundation and general manager of the
Motion Picture Distributors Association of Australia asserted
copyright is not dead, quoting statistics for 2010-2011 which
showed more than 900,000 people were employed in the
copyright industries, which generated an economic value of
$93.2 billion and just over $7 billion in exports.
“It’s very clear from our research that the public either
do not or choose not to understand that the victims of piracy
are not simply studio executives, music companies and
high-profile actors and musicians,” she said.

D. Groves. Copyright is dead. Internet: (adapted).


Based on the text above, judge the following items.

Statistics show there is more than nine hundred thousand people who depend on the copyright industries for their income.

A resposta correta é:

The proposition “Copyright is Dead, Long Live the
Pirates” was put to the audience after a debate last night on
intellectual property and the need to ensure creators of content
are paid for their work.

Of the audience at Melbourne Town Hall, 49% voted
for the proposition, with 36% against and 15% undecided.
The forum was part of a year-round program of
lectures, readings and debates.

Lori Flekser, executive director of the Intellectual
Property Awareness Foundation and general manager of the
Motion Picture Distributors Association of Australia asserted
copyright is not dead, quoting statistics for 2010-2011 which
showed more than 900,000 people were employed in the
copyright industries, which generated an economic value of
$93.2 billion and just over $7 billion in exports.
“It’s very clear from our research that the public either
do not or choose not to understand that the victims of piracy
are not simply studio executives, music companies and
high-profile actors and musicians,” she said.

D. Groves. Copyright is dead. Internet: (adapted).


Based on the text above, judge the following items.

The debate was part of a one-year forum on intellectual property and piracy.

A resposta correta é:

The proposition “Copyright is Dead, Long Live the
Pirates” was put to the audience after a debate last night on
intellectual property and the need to ensure creators of content
are paid for their work.

Of the audience at Melbourne Town Hall, 49% voted
for the proposition, with 36% against and 15% undecided.
The forum was part of a year-round program of
lectures, readings and debates.

Lori Flekser, executive director of the Intellectual
Property Awareness Foundation and general manager of the
Motion Picture Distributors Association of Australia asserted
copyright is not dead, quoting statistics for 2010-2011 which
showed more than 900,000 people were employed in the
copyright industries, which generated an economic value of
$93.2 billion and just over $7 billion in exports.
“It’s very clear from our research that the public either
do not or choose not to understand that the victims of piracy
are not simply studio executives, music companies and
high-profile actors and musicians,” she said.

D. Groves. Copyright is dead. Internet: (adapted).


Based on the text above, judge the following items.

The text criticizes those who are against the defense of intellectual property.

A resposta correta é:

The proposition “Copyright is Dead, Long Live the
Pirates” was put to the audience after a debate last night on
intellectual property and the need to ensure creators of content
are paid for their work.

Of the audience at Melbourne Town Hall, 49% voted
for the proposition, with 36% against and 15% undecided.
The forum was part of a year-round program of
lectures, readings and debates.

Lori Flekser, executive director of the Intellectual
Property Awareness Foundation and general manager of the
Motion Picture Distributors Association of Australia asserted
copyright is not dead, quoting statistics for 2010-2011 which
showed more than 900,000 people were employed in the
copyright industries, which generated an economic value of
$93.2 billion and just over $7 billion in exports.
“It’s very clear from our research that the public either
do not or choose not to understand that the victims of piracy
are not simply studio executives, music companies and
high-profile actors and musicians,” she said.

D. Groves. Copyright is dead. Internet: (adapted).


Based on the text above, judge the following items.

The verb form "ensure" (L.3) could be replaced by make certain without changing the meaning of the text.

A resposta correta é:

Taking a Cue From Bernanke a Little Too Far


Financial advisers have been fielding calls from
shaken investors in recent weeks, particularly retirees, who are
nervous that a bond market crash is on the horizon.
You can hardly blame them. Investors have been
fleeing bonds in droves; a record $ 76.5 billion poured out of
bond funds and exchange-traded funds since June. That
exceeds the previous record, according to TrimTabs, when
$ 41.8 billion streamed out of the funds in October 2008 and
the financial crisis was in full force.
But the rush for the exits really means one thing:
investors are betting that interest rates are about to begin their
upward trajectory, something that’s been expected for several
years now.

Their cue came from the Federal Reserve chairman,
Ben Bernanke, who recently suggested that the economic
recovery might allow the central bank to ease its efforts to
stimulate the economy. That includes scaling back its bondbuying
program beginning later this year.
So the big fear is that interest rates are poised to rise
much further, driving down bond prices; the two move in
opposite directions.
A Barclays index tracking a broad swath of
investment-grade bonds lost 3.77 percent from the beginning
of May through Thursday, according to Morningstar. United
States government notes with maturities of 10 years or longer,
however, lost an average of 10.8 percent over the same period.

Making a bet on interest rates is no different from
trying to predict the next big drop in stocks, or jumping into
the market when it appears to be poised to surge higher. These
sort of emotional moves are exactly why research shows that
investors’ returns tend to trail the broader market.

And it’s also why many financial advisers suggest
ignoring the noise, as long as you have a smart assortment of
bond funds that will provide stability when stocks inevitably
tumble once again.

“It’s a futile game to base portfolio moves on interest
rate guesses,” said Milo Benningfield, a financial adviser in
San Francisco. “We don’t have to look any further than highly
regarded Pimco manager Bill Gross, whose horrible interest
rate bet against Treasuries in 2011 landed him in the bottom 15
percent of fund managers in his category that year. Investors
should take a strategic approach designed around the reason
they hold bonds — and then sit tight whenever hedge funds
and other institutions shake the ground around them.”

The main reason longer-term investors hold bonds, of
course, is to provide a steadying force. And though today’s
lower yields provide less of a cushion — the 10-year Treasury
is yielding about 2.5 percent — bonds still remain the best, if
imperfect, foil to stocks.

“The role of bonds in a portfolio has always been to
be a ballast or a diversifier to equity risk,” said Francis
Kinniry, a principal in the Vanguard Investment Strategy
Group. “And that is very true today. Yields are low, but this is
what a bear market in bonds looks like.”

Internet: (adapted).


Regarding the text, judge if the items below are right (C) or wrong (E).

In the sentence "United States government notes with maturities of 10 years or longer, however, lost an average of 10.8 percent over the same period." [l.24-, the adverb "however" may be moved to the beginning of the sentence without interfering in the meaning.

A resposta correta é:

Taking a Cue From Bernanke a Little Too Far


Financial advisers have been fielding calls from
shaken investors in recent weeks, particularly retirees, who are
nervous that a bond market crash is on the horizon.
You can hardly blame them. Investors have been
fleeing bonds in droves; a record $ 76.5 billion poured out of
bond funds and exchange-traded funds since June. That
exceeds the previous record, according to TrimTabs, when
$ 41.8 billion streamed out of the funds in October 2008 and
the financial crisis was in full force.
But the rush for the exits really means one thing:
investors are betting that interest rates are about to begin their
upward trajectory, something that’s been expected for several
years now.

Their cue came from the Federal Reserve chairman,
Ben Bernanke, who recently suggested that the economic
recovery might allow the central bank to ease its efforts to
stimulate the economy. That includes scaling back its bondbuying
program beginning later this year.
So the big fear is that interest rates are poised to rise
much further, driving down bond prices; the two move in
opposite directions.
A Barclays index tracking a broad swath of
investment-grade bonds lost 3.77 percent from the beginning
of May through Thursday, according to Morningstar. United
States government notes with maturities of 10 years or longer,
however, lost an average of 10.8 percent over the same period.

Making a bet on interest rates is no different from
trying to predict the next big drop in stocks, or jumping into
the market when it appears to be poised to surge higher. These
sort of emotional moves are exactly why research shows that
investors’ returns tend to trail the broader market.

And it’s also why many financial advisers suggest
ignoring the noise, as long as you have a smart assortment of
bond funds that will provide stability when stocks inevitably
tumble once again.

“It’s a futile game to base portfolio moves on interest
rate guesses,” said Milo Benningfield, a financial adviser in
San Francisco. “We don’t have to look any further than highly
regarded Pimco manager Bill Gross, whose horrible interest
rate bet against Treasuries in 2011 landed him in the bottom 15
percent of fund managers in his category that year. Investors
should take a strategic approach designed around the reason
they hold bonds — and then sit tight whenever hedge funds
and other institutions shake the ground around them.”

The main reason longer-term investors hold bonds, of
course, is to provide a steadying force. And though today’s
lower yields provide less of a cushion — the 10-year Treasury
is yielding about 2.5 percent — bonds still remain the best, if
imperfect, foil to stocks.

“The role of bonds in a portfolio has always been to
be a ballast or a diversifier to equity risk,” said Francis
Kinniry, a principal in the Vanguard Investment Strategy
Group. “And that is very true today. Yields are low, but this is
what a bear market in bonds looks like.”

Internet: (adapted).


Regarding the text, judge if the items below are right (C) or wrong (E).

In the sentence "That includes scaling back its bondbuying program beginning later this year." [l.17-, the pronoun "its" refers to "economy", in the previous sentence.

A resposta correta é: