Evidence that is discovered as a result of illegally obtained evidence and is therefore inadmissible because of the primary taint. See EXCLUSIONARY RULE; FRUIT-OF-THE-POISONOUS-TREE DOCTRINE. [Cases: Criminal Law 394.1(3). C.J.S. Criminal Law §§ 771, 773–775.]
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derivative evidence 派生证据 指由其他非法取得的证据所派生的证据，由于其来源的非法性而不可采用。 (→fruit of poisonous tree doctrine)
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similarity. Intellectual property. The resemblance of one trademark or copyrighted work to another. • How closely a trademark must resemble another to amount to infringement depends on the nature of the product and how much care the typical buyer would be expected to take in making the selection in that particular market. It is a
compilation (kom-p[schwa]-lay-sh[schwa]n), n. 1. Copyright. A collection of literary works arranged in an original way; esp., a work formed by collecting and assembling preexisting materials or data that are selected, coordinated, or arranged in such a way that the resulting product constitutes an original work of authorship. • An author who creates a compilation owns
Immunity from the use of the compelled testimony (or any information derived from that testimony) in a future prosecution against the witness. • After granting use immunity, the government can still prosecute if it shows that its evidence comes from a legitimate independent source. — Also termed use/derivative-use immunity. [Cases: Criminal Law 42. C.J.S. Criminal