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  3. A supposed pillar of the US capitalist vigour has been revealed in all its degeneration. That pillar is the US patent system, wh

A supposed pillar of the US capitalist vigour has been revealed in all its degeneration. That pillar is the US patent system, wh

admin2014-06-25  19
问题     A supposed pillar of the US capitalist vigour has been revealed in all its degeneration. That pillar is the US patent system, which has allowed Apple to extract $lbn from Samsung in compensation for alleged theft of intellectual property. Americans reasonably worship property rights and unreasonably extend this attitude to intellectual property rights, conflating "rival" goods like homes and hamburgers, which cannot be shared costlessly, with "non-rival" intellectual products that can be enjoyed simultaneously by all. Likewise, Americans worship innovation and presume that intellectual property rights always promote it. But this presumption is wrong.
    The poster child for patents is the pharmaceuticals industry. But, as Richard Posner, a federal appeals court judge, has argued, what works in this sector is not necessarily appropriate in communications, software or elsewhere. Bringing a new drug to market is extremely expensive, mainly because of the need for large clinical trials. Monopoly rights over new drugs provide a needed spur to invention. And because trials take as long as a decade, the 20-year exclusivity typically granted can mean only 10 years of monopoly profits.
    The technology industry is different. No clinical trials are needed, so costs of development are lower and the case for monopoly weaker. Certainly, 20-year exclusivity cannot be justified. But as Michele lioldrin and David Levine observe in a new paper, the right policy for Silicon Valley might be to grant no patents whatsoever. Technology innovators are amply rewarded by the first-mover advantage.
    If the need for monopoly incentives in the tech industry is doubtful, the cost of granting them is clear. Whereas a drug patent covers one independent product, a technology patent typically covers a building block of a product, such as the look of the icons on a touch screen, to cite one of Apple’s complaints against Samsung. By patenting such building blocks, tech groups prevent rivals from using yesterday’s inventions to create tomorrow’s improved ones. Rather than spurring progress, patents can trip it up.
    Some patents are kept deliberately low-profile in hopes that deep-pocketed companies will violate them unknowingly, at which point patent holders pounce. Last year US companies spent about $29bn fending off raids from "non-practising entities", also known as patent trolls, litigators who own bundles of patents with no intention of using them to build products.
    In a better world, the US Patent and Trademark Office would take care not to approve frivolous and overlapping applications. But its examiners are swamped. The US has made modest efforts to rein in this excess. But the US has a long way to go before attaining sanity. Some observers believe that the patent system should be abolished outright. But you don’t have to go that far to see that there are grounds for worry. Americans labour under an illusion that their lawyers’ paradise is good for innovation. They could hardly be more wrong.
In Richard Posner’s view, monopoly rights in the pharmaceuticals industry can achieve the effect of______.
选项 A、stimulating and driving innovations
B、shortening the time-length of innovations
C、minimizing the costs of innovations
D、maximizing the profits of innovations
答案A
解析 第二段第二句明确引出波斯纳的观点：专利制度能够使用于制药行业，并不代表它也适用于其他行业；下文随后说明原因：因为制药业与其他行业不同，它需要进行大量临床试验，研发成本高，为新药授予专利能够激励创新，且十分必要。由此可见，波斯纳认为制药业专利权能够达到激励带动创新的目的，所以[A]选项正确。
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