问题 问答题 简答题

著作权与商标权的区别

答案

参考答案:

1.权利内容不同。著作权是一种具有人身与财产双重属性的权利,而商标权不具有人身权的内容。 

2.法律要求的保护条件不同。著作权法要求作品具有独创性,任何抄袭、剽窃所得到的作品不可能受到著作权法的保护。 

3.商标是以文字、图形等要素为区别商品的标志,它只要求识别性,并不考虑商标是否由商标权人创作。因此在某些情况下,商标权人可以利用他人的美术作品申请商标权,而商标权人与美术作品的著作权人各得其所。 

4.权利的取得方式不同。著作权一般自作品创作完成时自动产生,无须登记注册。而商标权则须经注册登记才能产生。

阅读理解

第三部分:阅读理解(共20小题;每小题2分,满分40分)

I have recently been diagnosed with an addiction-to coffee. And I am not alone. This is a problem among Americans of all ages. The coffee shop has become a social feature in our culture. Its appealing smell, cozy and inviting atmosphere are difficult to resist, especially if you struggle with an addiction like alcohol.

But, when you look past the leather couches and coffees named after European cities, all you'll find is coffee, milk, and a little sugar. Anyone can buy a Coffeemaker and a container of Coffee Mate and try to create the same drink as a coffee shop does. The only difference between your homemade coffee and coffee shops is that they put it in a cute cup and throw on some whipped (泡沫状的) cream to convince us that we are treating ourselves to a worthy relief from the fast pace of everyday life. And we believe them, silly for the idea that drinking their coffee improves our quality of life.

So, next time this "white chocolate" begins echoing in your mind, you'll have to make a decision: Will you continue to be one of the millions of brainwashed Americans who live for their next trip to a coffee shop, or will you just walk away and ignore it? My advice is -- dare to resist and just say no.

61. The major features of a coffee shop are the following EXCEPT its _______.

A. attractive smell                                      B. comfortable surrounding

C. pleasant atmosphere                                D. alcohol-like addiction

62. The coffee from coffee shops differs from homemade coffee mainly because it _______.

A. is mixed with whipped cream                B. is usually served in a cute cup

C. offers a feeling of precious relief               D. can improve the quality of life

63. "White chocolate" in the last paragraph probably means _______.

A. coffee with cream                             B. chocolate with coffee

C. brainwashed Americans                      D. addiction to shop coffee

64. The author's attitude towards "white chocolate" is _______.

A. positive             B. uncaring          C. negative             D. optimistic

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