问题 问答题

试论知识产权的特征。

答案

参考答案:知识产权具有以下特征:
(1)双重性:知识产权具有双重属性,既有财产性,又有人身性,而且在很大程度上更主要的表现为人身性。一般财产权没有人身性,如物权、债权等。
(2)信息性:知识产权的客体为人的脑力劳动所创造的智力成果,这种智力成果可以脱离其载体而被传播,即具有信息性,一般产权不能脱离其客体而转让,如所有权的转让,其转让的就是标的物本身。
(3)专有性:知识本身没有排他性,可以多次使用,为了鼓励人们发明创造的积极性,法律规定了知识产权制度,以法律形式规定知识产权是人们就特定的知识产品依法取得的专有权,是特定的知识产品和法定权利的统一体,具有排他性。即任何人不经知识产权人的许可,不得使用知识产权人的智力成果。
综合国力的增强日益突出地表现为以专利为代表的科技创新和发明。法律本身不能直接创造财富,但它可以通过科学、合理的制度设计即法律规定去促进和保障财富的增长。
(4)时间性:知识产权的保护具有一定的期限性,超过保护期限,知识产权即进入公有领域,任何人都可以无偿使用。所有权的保护没有期限的限制。
(5)地域性:知识产权的保护具有地域的限制,即在一个国家取得的知识产权,并不当然在他国受到法律保护,要得到他国法律保护,必须两个国家订有双边协定,或者共同参加了某一保护知识产权的国际公约。所有权的保护没有地域的限制。

单项选择题
单项选择题

British cancer’ researchers have found that childhood leukaemia is caused by an infection and clusters of cases around industrial sites are the result of population mixing that increases exposure. The research published in the British Journal of Cancer backs up a 1988 theory that some as yet unidentified infection caused leukaemia--not the environmental factors widely blamed for the disease.

"Childhood leukaemia appears to be an unusual result of a common infection," said Sir Richard Doll, an internationally-known cancer expert who first linked tobacco with lung cancer in 1950. "A virus is the most likely explanation. You would get an increased risk of it if you Suddenly put a lot of people from large towns in a rural area, where you might have people who had not been exposed to the infection. " Doll was commenting on the new findings by researchers at Newcastle University, which focused on a cluster of leukaemia cases around the Sellafield nuclear reprocessing plant in Cumbria in northern England. Scientists have been trying to establish why there was more leukaemia in children around the Sellafield area, but have failed to establish a link with radiation or pollution. The Newcastle University research by Heather Dickinson and Louise Parker showed the cluster of cases could have been predicted because of the amount of population mixing going on in the area, as large numbers of construction workers and nuclear staff moved into a rural setting. "Our study shows that population mixing can account for the (Sellafield) leukaemia cluster and that all children, whether their parents are incomers or locals, are at a higher risk if they are born in an area of high population mixing," Dickinson said in a statement issued by the Cancer Research Campaign, which publishes the British Journal of Cancer.

Their paper adds crucial weight to the 1988 theory put forward by Leo Kinlen, a cancer epidemiologist at Oxford University, who said that exposure to a common unidentified infection through population mixing resulted in the disease.

Which statement can be supported by Heather Dickinson and Louise Parker’s new findings()

A. Radiation has contributed to the disease

B. Putting a lot of people from rural area in a large towns increases the risk of childhood leukaemia

C. Population mixing is the most important reason for leukaemia cluster

D. Childhood leukaemia is caused by an unusual infection