Study On Legal Protection And Benefit Sharing Of Agricultural Traditional Knowledge

With the understanding of the value of knowledge, more and more people pay attention to protect their intellectual property. However, there is a kind of knowledge value and protection always easy to be ignored, that is traditional knowledge which origin and developed in traditional communities. Because traditional knowledge is based on the traditional community, the holders are mass and have relative openness.Although western countries vigorously implementing the intellectual property system, system of intellectual property less consider the protection of traditional knowledge due to the lack of traditional knowledge resources, which result in the conflict between current intellectual property system and traditional knowledge characteristics. At the same time, the knowledge of the contents of traditional knowledge related to medicine, agriculture, genetic resources, handicraft technology in many fields, and its protection and law, biology, anthropology knowledge is complex, so special legislation need in-depth study and comprehensive consideration.This paper which based on the author’s investigation of the Hani terrace in Yuanyang, attempts to explore the theoretical and practical feasibility of the traditional knowledge legal protection, and build the benefits of using the traditional rational knowledge sharing system, making traditional knowledge holders can enjoy their deserved rights, to promote the economic development of the traditional knowledge community, to protect human rights and moral rights.The first chapter defines the concept of traditional knowledge, and Outlined the legal characteristics of traditional knowledge in agriculture.In the second chapter, based on the field investigation of the Hani field in Yuanyang of Yunnan, the author explains the current situation and problems of the agricultural traditional knowledge protection and benefit sharing system.The third chapter introduces the experience of the international organization and the typical countries on the protection of traditional knowledge and the establishment of benefit sharing system.The fourth chapter elaborates how to provide legal protection and construction of fair and reasonable benefit sharing mechanism to agricultural traditional knowledge.