Comparative Research On National Law Protection Of Traditional Knowledge

The paper includes five chapters besides preface and postscripts. In the first chapter, concept and character of traditional knowledge are defined. The chapter also briefly recommends profile on national legislation and international coordination of protecting traditional knowledge. On basis of the chapter discussed above, the following issues are explored in chapters ranging from the second chapter to the fifth one.So far as the developing countries that have plenty of traditional knowledge, the objective of protecting traditional knowledge should be to realize the interests of local community or only expedient action that is taken to resist the developed countries, which is one of issues explored in the paper. Through the comparative research into the diverse theories of protecting traditional knowledge, it is found that the objective of protecting traditional knowledge should be to realize the interests of local community, including human rights, their cultures and economic interests etc. To realize the objective, the developing countries should perfect their national legislation on protecting traditional knowledge.The second issue is about national legislative pattern for protection of traditional knowledge, which should be existing intellectual property law or special legislation. The existing intellectual property law seems to be a double-edged sword in protecting traditional knowledge. On the one hand, it can provide protection of intellectual property rights for traditional knowledge and realize local community's interests. On the other hand, it shields traditional knowledge "piracy" and harm their interests. The viewpoint in the paper is that existing intellectual property law and special legislation should be combined to protect traditional knowledge.The third issue is what special law should be established to protect traditional knowledge. With comparative analysis of some countries' special law of traditional knowledge, the four core mechanisms are confirmed: 1) regime of right subject concerning local community; 2) regime of collective right concerning local community; 3) mechanism of prior informed consent; 4) mechanism of balancing benefits. Meanwhile, interests of local community must be respected and embodied in the four core mechanism of special law. In last, the author put forward some proposals to perfect the theories and practices of protection of traditional knowledge in China. In aspect of theory, the human right and private right theory of protecting traditional knowledge should be highlighted. In terms of practice, China must establish the regime of protecting traditional knowledge that gives prominence to interests of local community.