On Patterns Of Benefits Distribution Of Traditional Knowledge

With the fast development of economic globalization and informational networks, the value of Traditional Knowledge during its commercial process has been recognized by more and more people and utilized in many fields. However, benefits distribution problem stood out day by day, while there is no perfect system to solve this problem. Therefore, constructing an ideal benefit-balance mechanism which is helpful for the reasonable allocation of Traditional Knowledge has its significance. Basing on the analysis of related domestic and international theories and practice, this dissertation tries to establish implementation patterns of benefits distribution of Traditional Knowledge from the views of legal and political problems that caused by Traditional Knowledge, by considering the characteristics of Traditional Knowledge. This dissertation consists of three parts: introduction, main body and epilogue, with the main body being divided into three chapters.Chapter One illustrates the definition and scope of Traditional Knowledge. Traditional Knowledge includes Folklore, Traditional Medicine and other Traditional Knowledge relevant to Genetic Resources. Then it analyses the position and function of Traditional Knowledge in national and local innovation systems, and then put forward the backgrounds of benefits distribution of the Traditional Knowledge. Chapter Two mainly studies benefits distribution by comparison. On the base of introducing the legislation and practice of international organizations and some countries such as India, Brazil, etc., and analyzing the current situation in our country, it concludes that there is not the integrated mechanism system and puts forward the realistic necessity and existing difficulties of benefits distribution of Traditional Knowledge.The last chapter is the core of the whole dissertation, and mainly discusses the design of the system of benefits distribution of Traditional Knowledge after analyzing the theoretical foundation of benefits distribution of Traditional Knowledge by using the theory of property-labor, personality theory, encouragement theory and balance theory. The subchapter two of this chapter constructs the pattern of benefits distribution, and holds that the benefits of Traditional Knowledge includes monetary and non-monetary benefits, fontal and derivative benefits; the owner of Traditional...