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在现代社会,传统知识分为现代传统知识和社区传统知识两种,前者具有开放性而属于公共知识领域,后者则因其封闭性而成为一种外围知识。从知识产权法的角度看,传统知识保护的本质就是传统社区与现代社会均衡发展问题,应当根据传统知识的类型采取拟制授权、抵制授权、规制使用、管制保存等不同的保护模式。
In modern society, traditional knowledge is divided into two kinds: modern traditional knowledge and traditional community knowledge. The former is open and belongs to the field of public knowledge, while the latter becomes a peripheral knowledge because of its closeness. From the perspective of intellectual property law, the essence of traditional knowledge protection is the balanced development between traditional communities and modern society. It should adopt the formulation of authorization according to the types of traditional knowledge and resist different protection modes such as authorization, regulation and control and preservation.