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一、专利、Know-how与商标的基本概念专利是指国家根据专利法授予发明者在一定期限内,对其发明的制造、使用、销售的独占权。一般人说的“专利”这词有两个意思:一是指专利权或被批准专利的发明;二是指专利权的文件即专利权的证书,又叫专利证书。Know-how按其字面翻译,是“知道如何做”的意思。该词中文译法不统一,有的译为专有技术,也有译为技术秘密、技术诀窍等等,但都不能确切地表达其全部含意。Know-how虽无统一的定义,但按国际惯例是指:没有申请专利的、保密的专门技术知识。它既包
1. Basic Concepts of Patents, Know-how and Trademarks A patent refers to an exclusive right of the State to grant its inventor the right to manufacture, use and sell its invention within a certain period of time in accordance with the Patent Law. The term “patent” as commonly used has two meanings: First, it refers to patents or inventions that have been granted patents; second, it refers to patents that are patents and patents. Know-how translated literally means “know how to do it.” The Chinese translation of the word is not unified, some translations are proprietary technologies, and some are translated into technical secrets, technical know-how, etc., but they cannot express exactly what they mean. Although there is no uniform definition of Know-how, international practices mean that there is no patented, confidential technical expertise. It is both inclusive