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随着我国的政治,经济体制的改革,科技体制也发生了巨大的变化,技术市场日见繁荣。技术作为一种商品,已被社会所公认。在实行对外开放政策以后,海外商人对于他们专有技术如何能在我国得到保护尤为关注,因此需要建立和完善对专有技术的法制保护体系,才能创造一个吸引外资、外技的良好投资环境。一专有技术,本是相对于“公知、公用”的通用技术而言,应该包括专利技术与非专利技术(或称技术秘密、技术诀窍。下同)两部分。一九八三年公布的《中华人民共和国中外合资经营企业法
With the reform of our country's political and economic systems, tremendous changes have taken place in the science and technology system, and the technology market has seen daily prosperity. Technology as a commodity, has been recognized by society. After implementing the policy of opening to the outside world, overseas businessmen are particularly concerned about how their know-how can be protected in our country. Therefore, we need to establish and perfect the legal protection system of proprietary technology in order to create a favorable investment environment that attracts foreign investment and foreign technology. A proprietary technology, this is relative to the “common, public” generic technology, it should include both patented technology and non-patented technology (or technical secrets, the same below) two parts. The Law of the People's Republic of China on Sino-Foreign Equity Joint Ventures, promulgated in 1983