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林达等事件是引出身份政事权的典型事例。发达国家总体而言对发展中国家和最不发达国家智力文化成果的无偿利用太多,不应该获得身份政事权。TRIPs协议和《世界人权宣言》等是发展中国家和最不发达国家获得身份政事权的主要法律依据。但该权能长期游离于法律保护范围之外。现行知识产权保护体制存在重大缺陷。有关身份政事权的国际立法活动虽然成果丰硕,但它们大多是无法抗衡现行知识产权保护体制的软法。我国应该借鉴印度成功经验,重视身份政事权,加强国内立法,采取切实措施提高参与知识产权事务的机会和能力,构建我国传统文化成果数字图书馆,以有效保护我国传统文化成果。
Linda and other incidents lead to the identity of the typical case of political power. Developed countries as a whole have too much use of the intellectual and cultural achievements of developing countries and the least developed countries too much and should not obtain status and power. The TRIPs Agreement and the Universal Declaration of Human Rights are the main legal bases for developing countries and the least developed countries to obtain their status and power. But the power of long-term freedom from the scope of legal protection. The current intellectual property protection system has major defects. Although the international legislative activities on identity and political rights have achieved fruitful results, most of them are unable to counter the current soft law on intellectual property protection. Our country should learn from the successful experience of India, pay attention to the power of identity and politics, strengthen the domestic legislation, take practical measures to improve the chances and capabilities of participating in intellectual property affairs, and construct our digital library of traditional culture achievements so as to effectively protect our traditional cultural achievements.