The Protecition Of Traditional Knowledge In Intellectual Property

Traditional knowledge is the traditional tribal or traditional communities in the production of thousands of years of life summed up, created the knowledge, skills, experience in the sum of the traditional tribal and modern society of great economic value, technology and cultural values. However, due to age-old traditional knowledge, and most have been made public, the subject of rights is not clear, which basically does not comply with the existing elements of intellectual property rights of intellectual property law, difficult to get the existing intellectual property laws. Traditional knowledge constitute the intellectual property law experience in the new century from the history of the "old" challenge. In recent years, intellectual property protection of traditional knowledge in developing countries and the international community has become very much a matter of concern, and gradually evolved into the focus of discussion in international forums. China has a vast, long history, vast deposits of rich traditional knowledge, but the lack of effective protection of traditional knowledge, traditional knowledge led to a lot of theft, loss of intellectual property protection of traditional knowledge has been delay. However, there is no world-wide output of a high degree of recognition of traditional knowledge, intellectual property protection programs, making intellectual property protection of traditional knowledge, the world become a major priority. Expand research in this paper to explore, to build a system of intellectual property protection of traditional knowledge to lay the theoretical basis, is conducive to the interests of intellectual property protection of traditional knowledge for the protection of traditional knowledge to make a useful contribution to system innovation.In this paper, the use of comparative analysis, inductive analysis and other methods, through the protection of traditional knowledge from abroad on the theoretical research results and relevant judicial practice, combined with our existing laws, regulations and judicial practice, depth of intellectual property protection of traditional knowledge problem. First, the use of comparative analysis of various critical analysis of the concept of traditional knowledge and associated traditional knowledge through the concept of comparison, get to the final definition of the context of intellectual property rights of traditional knowledge.Traditional knowledge is associated by a particular group or multiple groups in the practice of long-term production and living, the natural environment or in response to the challenges of the social environment created by groups with relevant cultural background, moral values and natural factors are interrelated and from generation to generation by specific groups through joint development, evolving from modern knowledge is different from the form of product knowledge of product formed or deformed. Second, it analyzes the legitimacy of intellectual property protection of traditional knowledge and the difficulties and foreign intellectual property protection of traditional knowledge and practice of exploration. Finally, the use of inductive analysis method based on the theory to follow the existing systematic way of thinking put forward intellectual property protection of traditional knowledge system of ideas. With our current intellectual property laws and other laws on the status of protection of traditional knowledge and deficiencies, this paper attempts to build in the current intellectual property system, a special law under the protection system. The principle of protection of traditional knowledge, including the special law in particular of the main principles, in particular the principles of disclosure and, in particular the content and duration of rights, the same time, improve the existing intellectual property law, including patent standards, patent search system and the copyright system changes. The practice of the above two steps, hoping eventually to establish special laws of protection of traditional knowledge, traditional knowledge in order to achieve various angles of the three-dimensional protection.