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“多哈宣言”列举的一系列新一轮多边贸易谈判的议题当中,TRIPS协议与传统知识和民间文学保护的关系是其优先考虑的问题之一。本文以TRIPs协议框架为基础,分析了传统知识和民间文化与TRIPs协议的关系,指出现代知识产权制度在保护传统知识方面存在着的局限,提出应将传统知识纳入TRIPs协议的保护范围,并在其框架下加强国内知识产权立法以保护传统知识和民间文化。
Among the issues raised by the Doha Declaration in a series of new rounds of multilateral trade negotiations, the relationship between the TRIPS Agreement and traditional knowledge and the protection of folklore is one of its priorities. Based on the TRIPs framework, this paper analyzes the relationship between traditional knowledge and folk culture and the TRIPs Agreement. It points out the limitations of the modern intellectual property system in the protection of traditional knowledge. It proposes that traditional knowledge should be included in the scope of the TRIPs Agreement. Under its framework, domestic intellectual property legislation is strengthened to protect traditional knowledge and folk culture.