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Can intellectual property protect traditional knowledge?
Intellectual property rights refer to "the exclusive rights enjoyed by the obligee to the intellectual labor results created by him", which are generally valid only for a limited time. All kinds of intellectual creations, such as inventions, literary and artistic works, and signs, names, images and designs used in business, can be regarded as intellectual property rights owned by a certain person or organization. The main categories are: patent right, trademark right, copyright (copyright) and so on.
Basic characteristics of intellectual property rights:
First, intellectual property is the right of creative labor based on human intelligence, which is advanced, creative and novel, and is an intangible wealth. Intellectual property is the legal confirmation and protection of people's exclusive rights to the fruits of intellectual labor, that is, intellectual property.
Second, intellectual property rights are rights based on people's intellectual and creative labor achievements and have material characteristics. Knowledge is just an idea or concept, and it is people's understanding of the inherent regularity of its objective things. People can't monopolize or monopolize it like material wealth, but only when knowledge condenses into intellectual achievements and is expressed in the form of products can specific legal exclusive rights occur.
Third, intellectual property rights are rights based on legal adjustment. The legitimacy and grant of rights ensure the will and legislative purpose of the intellectual property system makers. Only when intellectual achievements are confirmed by law can intellectual property rights be produced, and the obligee enjoys exclusive rights or exclusive rights. Therefore, intellectual property rights are legal rights, not natural rights, inventions and symbolic achievements that violate social public interests, ethics, good public order and good customs and legal situations, and cannot be protected by law.
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