On Special Rights Of Traditional Knowledge

Five thousand years history of Chinese civilization give birth to the many valuable cultural heritage,Traditional Knowledge(TK) is one of its brilliant wonderful works.However,the protection of TK has not been given due attention,the status of infringement on TK not only undermines the national legal order and the community ecology of TK,but also makes the crisis of TK worse.After starting from the definition,the characteristics and the object of TK,this paper states the need for legal protection on TK.Subsequently,setting the traditional producing process of herbal tea in Guangdong as a template for the study on protection of TK,The paper points out that inadequate legal protection of TK rooting in not recognizing special rights of TK. TK should be seen as the object of special rights.Finally,after stating the subject and content of rights of TK,the paper give some suggestions on how to protect TK by changing the existing intellectual property system and setting up a Sui genius system to protect TK.The importance of TK to our country,the traditional communities and the whole world is considerable,they can all benefit from TK,no matter on economy,or on culture.