The Protection Of Traditional Knowledge In Intellectual Property

Currently, the research about traditional knowledge and the protection of traditional knowledge in the international society is in the ascendant. The so-called traditional knowledge could be defined as the indigenous knowledge and traditional literature&art expresses that based on tradition and embody the indigenes'traditional life style. It contents a large area, including the politics, economy, culture, religious etc. It has a firm relationship with the native residents'daily life, so the importance of traditional knowledge is go without saying. There are some kind of relationship and comparability between traditional knowledge and the objects of intellectual property(such as invention, trademark, literature etc.), they are all creations come from some kind of intellectual labor. However, traditional knowledge exists in a special way, it has a series of characteristics of it's own: traditional, variable, regional, distinguishing public-owned. Because of the commonness between traditional knowledge and the objects of intellectual property, we could use the modern intellectual property system to protect traditional knowledge, and because of the differences, it is necessary to develop the modern intellectual property system or create a traditional knowledge property system.Base on the current up to date results of research, this article focus on the concept of traditional knowledge first of all, and finger out that we should consider the developing of traditional knowledge when we define it. This article pays a large attention to the reasons why we should use the modern intellectual property system to protect traditional knowledge currently, and analyses the modes that could be chosen. Nowadays, the research of traditional knowledge is underway, to come up with a system to protect traditional knowledge in a short time is almost impossible, so extend the area of objects of intellectual property and provide some protection to some kind of traditional knowledge is an urgent affair. But if we take a long view, we would find that the current intellectual property system could not protect traditional knowledge perfectly because of the characteristics of traditional knowledge, we must change the current intellectual property system radically or create traditional knowledge property system in the end, so the choice of mold is an unavoidable problem. Our country has abundant traditional knowledge wealth, the last part of this article analyses the condition of the protection of traditional knowledge in our country, and gives some advice on this field.