On Entitlement Model Of The Traditional Knowledge Protection

In general, when we talk about the protection of the Traditional Knowledge(TK),we use the"protection"in different meanings in the different contexts. The"protection"in the paper is the"entitlement". The entitlement models of the TK protection is the focus of the paper. It includes such issues: 1, the purpose of the TK protection through entitlement; 2, the model of the entitlement of the TK protection; 2, what difficulties the entitlement model has to face in the reality of the developing countries. The author tackles the problem in the sociological jurisprudence method. From the interaction of the TK and the legal system, especially the intellectual property, the author discusses the entitlement models of the TK protection. The paper also compares the three models of the TK protections based on the realities of the developing countries and the indigenous peoples.The needs to protect TK come from the globalization mainly. Although there is many uncertainties on what TK is and who is the real owner of TK. But the author argues that it is not the good reason to reject to protect the TK by entitlement. From the reality of the resource shortage of the developing countries and the marginalized status of the indigenous peoples, the protection of the TK through the intellectual property modified model, is more possible than through the Sui generic model. It is time to rethinking and re-position of the role of the intellectual property in the developing countries, as the first step to protect the TK.