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知识产权的时间性特征是知识产权区别于所有权的重要特征,也是某项智力成果能够受到知识产权保护的前提之一。传统文化的知识产权保护研究已进行多年,但以知识产权特征为出发点的研究很少,本文以知识产权的时间性特征为参照,比对传统文化在知识产权三个主要权利载体上——著作权、专利权和商标权的时间性特征进行探析。研究发现,以著作权和专利权为载体的传统文化多已超出其保护期限,与此相对的,由于商标的可续展性,以商标权为载体的传统文化并不存在时间性特征下的保护难题。基于此,寻求新的表现和承载传统文化的形式以及在先权利、特种权利保护制度的完善和设立成为追求著作权和专利权保护的必由之路。
The temporal characteristic of intellectual property is an important characteristic that distinguishes intellectual property from ownership. It is also one of the preconditions that an intellectual achievement can be protected by intellectual property. The research on intellectual property protection of traditional culture has been going on for many years. However, there are few studies on the characteristics of intellectual property. Based on the temporal characteristics of intellectual property, this article compares the traditional culture on the three main rights carriers of intellectual property rights , Patent rights and trademarks of the temporal characteristics of the analysis. The study found that traditional culture with copyright and patent rights as its carrier has exceeded its term of protection. On the contrary, the traditional culture based on trademark rights does not exist under the protection of temporal features because of the sustainability of the trademark problem. Based on this, seeking new expressions and carrying the forms of traditional culture as well as the improvement and establishment of the prior rights and special rights protection system have become the only way to pursue the protection of copyright and patent rights.