Protection Of Traditional Knowledge In International Law

The protection of traditional knowledge is a marginal but also challenging subject in the area of intellectual property. With the development of modern science and technology, the value of traditional knowledge has been increasingly recognized and widespread used. Traditional knowledge is not only the foundation of the development of sustainability for the traditional community residents but also a core element in the cultural heritage of mankind. However, the survival and protection of traditional knowledge is facing a very serious crisis. In the communities, nations and countries that owned traditional knowledge, especially developing countries, the wish of the legal protection of traditional knowledge has been getting stronger and stronger. Establishing the protection of traditional knowledge systems whose significance is to prevent the usurpation of traditional knowledge, including use of traditional knowledge in the condition of absence of any benefit-sharing and properly used. The protection of traditional knowledge makes it convenient for the traditional communities to be actively engaged in the traditional practice promote the importance of traditional knowledge to the development of human society and protect the human being's survival and development. From the 1950s to now, many international organizations concerned about this issue and try to get acceptable solution, but the result is not satisfactory. Basing on this background, I chose the protection of traditional knowledge in international law as my paper, and I hope to do better to the problem.If enlarge our horizons, we will find that the adverse of traditional knowledge in domestic legislation is relative to the international legislation. Now, we have not the relevant international conventions or treaties to protect traditional knowledge. From the famous cases of traditional knowledge, author studied the reasons of legal protection of traditional knowledge in research on the value of the international law to protect traditional knowledge. The multi-national commercial use and improper possession of traditionalknowledge are justifiable reasons for the international protection of traditional knowledge. After the introduction and assessment of the international legal protection of traditional knowledge posture that international organizations' discussion about the issue and relevant legislation in other countries, author attempted to build the protection of traditional knowledge in international law. Firstly, author studied some legal problems such as the objects, subjects, intent and the balance between the legal protection of traditional knowledge and public interest in international law. Secondly, author studied on the systems and patterns of the protection of traditional knowledge in international law. In author's opinion, the law about international protection of traditional knowledge will be turned into authoritative international law under the legislation of the professional international organizations in the area of intellectual property. The protection system of traditional knowledge in international law is a syndicated protection, which should be put into the frame of WIPO and WTO mainly, including the numerous international organizations around WIPO and WTO. Thirdly, in author's opinion, the international law's protection of traditional knowledge must be based on domestic law. It is proved by analysis that traditional knowledge as an innovation or creation based on tradition has the ability to be intellectual property, which is the justifiable basis of intellectual property protection of traditional knowledge. The domestic law's protection of traditional knowledge should be taken into developing intellectual property conjunction with other legal system. On this basis, fully utilize the conservation system of the patent right, utility model, trademark right, geographical indications, trade secret, plant breed's right and industrial design right to conserve traditional knowledge. Finally, at our concrete state of the nation, author put forward some suggestions to build and perfect legal protection of traditional knowledge in our country.Author has collected the massive literatures through kinds of ways, such as network, database and library. From the famous cases of traditional knowledge, Author revealed theoretical problems and the issues that weshould think over, and brought some constructive proposals for the future research and our country's legislation. Based on such logic structure that "What is traditional knowledge, why and how to protect traditional knowledge ", author reviewed protection of traditional knowledge in international law starting from the phenomenon to the nature and from surface to the root. Ultimately, author returned to the reality of our country from the international aspect. Our country should take measures.