art
art n. (1)美术；艺术 (2)(需要技艺的)行业；职业 (3)技巧；技艺 (4)狡诈 (5)教唆方法 (6)技术 在专利法上，该词与「technology」同义，常用于诸如「现有技术」〔prior art〕、「相关技术」〔relevant art〕等语中。在美国宪法的专利与版权条款中，亦以该词表示「技术」，从而与「科学」〔science〕相对。
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res gestae
res gestae (rays jes-tee alsojes-tI), n. pl.[Latin “things done”] The events at issue, or other events contemporaneous with them. • In evidence law, words and statements about the res gestae are usu. admissible under a hearsay exception (such as present sense impression or excited utterance). Where the Federal Rules of Evidence or state rules fashioned
merger doctrine
merger doctrine. 1. Copyright. The principle that since an idea cannot be copyrighted, neither can an expression that must inevitably be used in order to express the idea. • When the idea and expression are very difficult to separate, they are said to merge. For example, courts have refused copyright protection for business-ledger forms (Baker
level of abstraction
level of abstraction. Copyright. The degree to which a work describes an idea or process in a general rather than concrete way. • Judge Learned Hand posited that from any work one can restate the idea in more and more abstract ways, omitting more and more details, until one is left with an uncopyrightable idea
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work product rule
work-product rule. The rule providing for qualified immunity of an attorney’s work product from discovery or other compelled disclosure. Fed. R. Civ. P. 26(b)(3). • The exemption was primarily established to protect an attorney’s litigation strategy. Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385 (1947). — Also termed work-product immunity; work-product privilege; work-product exemption;
condition subsequent
A condition that, if it occurs, will bring something else to an end; an event the existence of which, by agreement of the parties, discharges a duty of performance that has arisen. [Cases: Contracts 226. C.J.S. Architects § 16; Contracts § 357.]
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directive harmonizing the term of copyright and certain related rights
Directive Harmonizing the Term of Copyright and Certain Related Rights. Copyright. A 1993 European Commission initiative setting the term of most copyright protection at the life of the author plus 70 years. • The directive extended coverage in most member countries to match that of Germany, whose term was the longest on the Continent. —
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ward of the state
A person who is housed by, and receives protection and necessities from, the government. — Also termed state’s ward.
improvement invention
A nontrivial and nonobvious betterment of an existing device or process. • The improvement may be patented, but the protection applies only to the improvement, not to the invention improved on.
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