论文部分内容阅读
由于各国在先技术认定规则的差异,传统知识的在先技术地位具有不确定性。传统知识的在先技术地位在美国专利法上存在障碍。按美国专利法模式把我国少数民族传统知识在先技术化,可以保护传统知识的消极知识产权利益。但我国少数民族传统知识的在先技术化也存在一些问题,如该种保护是一种最低水平的保护等。解决这些问题,应采取有关措施如我国少数民族传统知识在先技术化时做出知识产权权利保留等。
Due to the differences in the rules of prior art recognition among countries, the prior art status of traditional knowledge is uncertain. The prior art status of traditional knowledge is impeding the U.S. patent law. By prioritizing the traditional knowledge of ethnic minorities in China according to the U.S. Patent Law, the negative intellectual property rights of traditional knowledge can be protected. However, there are some problems in the prior art of traditional knowledge of ethnic minorities in our country, such as the protection of such kind of protection being the lowest level. To solve these problems, relevant measures should be taken, such as the preservation of intellectual property rights in the earlier technicalization of traditional knowledge of ethnic minorities in our country.