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Research On The Protection Of Intellectual Property Rights Of Kazak Traditional Medicine

Posted on:2010-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:H J TuFull Text:PDF
GTID:2166360275979745Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The Kazak traditional medicine is the intellectual property rights that enhanced by Kazakh people during the long-time production practice and traditional medicine intellectual proprietary rights accumulated by the creation of life. The heritage of traditional medicine among Kazak tribals is the main form of existence, which led to the main body of their rights is not clear, continuation of a long time, the scope of relatively vague and can not fully meet a number of the requirements of protected categories in . the modern intellectual property system. Based on this, the author proceed in the study from the traditions and customs of Kazak people, firstly, associating the concept of intellectual property law and the traditional values of Kazak people, and then exploring the organic integration of the modern Kazakh intellectual property legal system with the traditional Chinese medicine. The author believes that the protection of Kazakh traditional medicine should not only be based on the level in the fair, and should be based on the value of national medicine and respect for the protection of the base, but also no need to always seek to develop the role of the weak national traditional medicine for the goal.I proposed, to promote multi-ethnic society in the development of a common integration to build the ecological civilization, material and system harmony and civilized society, the promotion of the implementation of intellectual property value of traditional Kazakh's medicine is an important aspect that can not be ignored. Therefore, the rational use of the effectiveness of the legal system of intellectual property rights and the further development of localization putting more useful resources to infiltrate the rule of the law of Kazakh legal protection of traditional medicine, the effective implementation of the strategies and measures of the protection of Kazakhs intellectual property rights of traditional medicine to promote its innovation and sustainable development are very necessary.In the paper, the author conducts an in-depth empirical analysis on Kazakh traditional medicine to survive in the current environment, for the examining the operation of its situation at home and abroad, and from the Kazakh traditional medicine with modern medicine forms a virtuous complementarity between the point of view, focuses on the way the legal protection of intellectual property of the traditional Kazakh medicine, builds and improves the problem on patent protection from the thesis, trademark protection, copyright protection, trade secret protection, non-material cultural heritage protection and the protection of the Regional National Autonomy Law of the Kazakh and other aspects of the legal protection of traditional medicine system. The following thesis is divided into four partsThe first part is the analysis of the need for legal protection of Kazakh traditional medicine intellectual property, on this basis further described the basic characteristics of Kazakh traditional medicine and the succession perspective of Kazakh traditional Chinese medicine in the state of civil society, ending with Kazakh traditional medicine value of the legal protection of property rights.The second part is to set out the survival of Kazakh traditional medicine conditions, followed by the explanation of the fact on the lost of Kazakh traditional medicine with the specific solutions to further truth, which on the Kazakh traditional medicine to explain the importance, showing the Kazakh traditional medicine of the embarrassment of the situation of the protection of the law.The third part, mainly through the comparative analysis of law, with emphasis on the Kazakh traditional medicine and modern medicine legal protection for the actual study, is an analysis of Kazakh traditional medicine and the lack of protection of patent law, trademark protection and lack of protection and lack of copyright law , commercial technology secrets law and the inadequacy of protection, and on its proposed responseThe fourth part, is integrated vision system on further legal protection of Kazakh traditional medicine, legal protection of intellectual property rights of specific measures, the government management and protection of intangible cultural heritage for the future of the idea, and the author's suggestion on the actual situation of Kazakh traditional medicine with the use of "Law on Regional National Autonomy" related to the protection.
Keywords/Search Tags:Kazak traditional medicine, intellectual property rights, protection, value
PDF Full Text Request
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