The Intellectual Property System Protection On Traditional Knowledge

With the rapid increase of human demand and the enhancement of technical level, the huge value of traditional knowledge is being recognized widely. Until 1980's, traditional knowledge were still regarded as the common heritage of human being and the collection and use of them were almost free and uncontrolled. As a result, the phenomenon of " biopiracy " happened frequently, while the unjust benefit sharing became a serious problem that threatened the biodiversity conservation.The business companies and research organs from developed countries usually conduct Bioprospecting. They attained the precious traditional knowledge with little cost, on the base of which new products have been developed, commercialized and patented. Consequently, the developed countries could benefit a lot from traditional knowledge. On the other hand, the majority of traditional knowledge are located in the rain forest which mostly in the territory of developing countries. If the developed countries do not share their. profits with the indigenous communities and local areas, there will be unbalanced relations between them, which is detriment to the biodiversity conservation and is unjust to the benefits of developing counties.The whole article is devided into six chapters:The first chapter introduces the aim of this article and gives a general instruction of the research situation and study method.The second chapter is the background of this problem.The third chapter introdices the concept of traditional knowledge at first, the purpose lies in the distinct research object, confirm the subject of protecting; Secondly define urgency and importance that traditional knowledge protects. Continue the study on relevant organizations in the world to comb and sum up; the purpose is to understand the research results in the world, in order to establish the theoretical foundation those studies of this text.The forth chapter adopts and defines the difference between them to traditional knowledge compared with modern knowledge mainly, thus further explain the conflict between traditional knowledge and knowledge property relations, this is that a lot of scholars object to using the intellectual property right to protect the basis of traditional knowledge too, I will carry on in-depth analysis to this, am in the hope of finding the break-through point conflicting, to prove that use the feasibility of the traditional knowledge of intellectual property protection.The fifth chapter is a key part herein, it is mainly on the foundation of researching and analyzing of the hereinbefore, establish principle and way of the traditional knowledge of intellectual property protection, this part is mainly some of the author's innovation too: Have proved the relevance of the basic principle of the legal protection of traditional knowledge in advance of three principles in " bio-diversity convention " at first, with to disclose, require as running through these 3 basic principle effective legal measures patent application, the associated documents combined in the world comb out a more systematic system..The sixth chapter proposes some for conclusion, include herein main contribution, insufficient and research prospect mainly.