Study On Special Law Of Protection For Traditional Knowledge

Traditional knowledge has been increasingly regarded as a kind of important intellectual property . Becauce of the imperfect measures to the protection for traditional knowledge , it is very important for us to take a comprehensive study on it . There are a lot of disputes over the basic theories of traditional knowledge , such as the definition of it . The definition of traditional knowledge is that it is traditional works of literature , art , science, traditional performance , invention , scientific discovery , design , symbol , name , mark , open information and all the traditional invention and creation in the industry , science , literary or artistic territory . Based on the definition , the content and object of traditional knowledge are affirmed . Folklore , traditional science and technology , traditional mark are included in . With the increasing realization of traditional knowledge and wide use of it , more and more holders of traditional knowledge require strongly to legally protect their traditional knowledge . According to the national conditions of China , we should protect folklore , traditional medicine of traditional science and technology , geographical indication of traditional marks .But it is difficult to protect traditional knowledge with modern intellectual property system owing to its long history and collective creativity and oral spread . In this case , it is necessary to explore special laws to protect traditional knowledge based on the practice and analysis of protection with modern intellectual property system . This paper puts forward some policies to protect traditional knowledge for China . Because of the numerous and diverse kinds of traditional knowledge , it is impossible for us to have all the objects of it included in a law , we should draw on the experience of other countries for reference and establish special laws of protection for folklore , traditional medicine , geographical indication differently .