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“专有技术”这一用语译自英文“KNOW——HOW”,也有人译为“技术秘密”或“技术决窍”.虽然专有技术已成为国际贸易中广泛使用的术语,但人们对其概念和含义的理解却始终无法统一,很多国际组织为此而尝试着给专有技术下确切的定义.例如国际商会所拟定的《关于保护专有技术的标准条款草案》,就将专有技术定义为“实施某种为达到工业生产目的所发布的具有秘密性质的技术知识”.国际知识产权组织巴黎会议则认为:专有技术是指某种可以转让和可以传授的、公众所不容易得到的而且是没有取得专利权的技术知识,以上两种定义虽然有所差别,但从中我们可看出专有技术的几个特征:
The term “know-how” was translated from the English word “KNOW-HOW,” while others were translated as “technical secrets” or “technical know-how.” While know-how has become a widely used term in international trade, Its concept and meaning of understanding has always been unable to unify, many international organizations for this purpose and try to define the exact definition of proprietary technology, such as the International Chamber of Commerce developed “on the protection of know-how of the standard draft articles,” will be proprietary Technology was defined as “the implementation of some sort of secret know-how published for the purpose of industrial production.” The Paris conference of the International Intellectual Property Organization held that proprietary know- ledge refers to something that is transferable and can be taught to the public What is obtained and is not patented technical knowledge, although the above two definitions are different, but we can see from the several characteristics of proprietary technology: