Research On Issues Of Protection In Intellectual Property Law Of Traditional Knowledge

Along with the fast development of economy and society, there were many cases involving traditional knowledge appeared in recent years which causes more and more attention to the traditional knowledge. In very long period of time, the traditional knowledge was considered continuously belongs to the public domain, and it can be gained its valuable ingredient willfully to other people without considering the right and interests of owner. However, along with the value of traditional knowledge knowing gradually by the people, it starts to consider the protection of traditional knowledge on international. China is a multinational country which has the glorious civilization and rich traditional knowledge, therefore, as the biggest developing country, we must make research earnestly on the concept,the characteristic,the manifestation and the protection of traditional knowledge, and then explores one path for the traditional knowledge protection suit to our country national condition.This paper has adopted such research methods as comparison analysis, case analysis and semantic analysis., start with the concept of traditional knowledge this premise question, elaborated the connotation of traditional knowledge, summarized the characteristic of traditional knowledge, makes it compare to some correlation concept, analyzed the reason of protection to the traditional knowledge by intellectual property law, introduced the traditional knowledge protection practice in the current worldwide scale, proposed the concrete protection mechanism to the traditional knowledge, introduced the present situation of our country's tradition knowledge protection, and provided a feasible proposal in view of the step and the way of traditional knowledge protection in our country.The article points out that the research on traditional knowledge still place start in present stage, it is hard to form a systematized protection system of traditional knowledge in a short time, therefore, it becomes an urgent matter that expanded object scope of existing intellectual property system, integrate a part of traditional knowledge to protect. but in the long-range view, the characteristic of traditional knowledge decided that it is hard to provide the comprehensive protection to it for existing intellectual property system, it is necessary to transform the existing intellectual property system fundamentally and formulate pertinent redress system of intellectual property protection to traditional knowledge.