技术秘密与法律保护

TECHNOLOGICAL SECRETS AND THEIR LEGAL PROTECTION

本文着重指出Know-how'为不需要或不可能取得专利权的秘密技术知识。''我国技术市场方兴未艾,科研、高教、企业等情报系统应对世界任何一方,尤其是同行业的发明专利技术(包括'Know-how')作出迅速反应,使之尽早商品化','切忌眉毛胡子一把抓,动辄追究刑事责任'。笔者还认为技术秘密应包括'Trade-Secret'; 且'Know-how'有能独立存在和依附于专利之分。从而对'Know-how'的内涵在理论上作了有益的探讨。

This article points out that Know-how is a technological secret which need not or can not secure a patent. The technological market in China is just starting, and it is essential that the information systems of our institutions of scientific research and higher education and enterprises make quick responses to information of technological discoveries and patents, including Know-how, from any quarters in the world, especially from counterpart organizations, in order to commercialize Know-how as soon as possible. It is inappropriate to try to affix criminal responsibility on any use of other people's Know-how indiscriminatingly. The author believes that 'trade-secrect' should be included in technological secrets. He makes some helpful research in the content of 'Know-how' and holds that Know-how can be independent of, or attached to, a patent, and in theoretical terms it should belong to an intermediate level.