The Analysis Of Protection Of Traditional Knowledge From The View Of Intellectual Property Right

With the rapid development of economy, more and more international corporations and individuals apply for patents to protect their economic interests. Among the object of patent applications, many issues such as traditional medicines, disease treatment, fragments of traditional songs and dances, and even teaching yoga movements are included.Behind the patent applications, one phenomenon is uncovered to us that developed countries own high technology and abundant funds, meanwhile are lack of traditional knowledge and genetic resources. Developing countries are lack of funds and technology while own abundant natural resources. This phenomenon leads to the disappearance of the traditional knowledge and genetic resources. In order to guarantee the economic interests maximally, developed countries design the modern patent system. The biopiracy behaviors of the developed countries have caused the close attention of the developing countries. The latter ones have taken certain measures to prevent the biopiracy behaviors and protect their economic interests.For instance, the World Intellectual Property Organization has set up a special forum to discuss the issue of protecting traditional knowledge since 1998. Brazil passed The Temporary Protection Act for Traditional Knowledge and Genetic Resources in 2001.This paper conducts its discussion from the view that traditional knowledge should be protected by modern patent system. The first part of this paper gives the brief introduction of traditional knowledge, which includes the features of traditional knowledge and the possibility of protecting it. The second part of this paper introduces the protection conducted by several important international organizations and makes its analysis. The third part of this paper begins with the discussion of protection of traditional knowledge from the view of several typical countries such as America, India and Pakistan. The last part of this paper analyzes comprehensively the current situation of protecting traditional knowledge in China and makes some feasible suggestion based on the analysis of part two and part three of this paper.