Intellectual Property Protection Of Traditional Knowledge

The preservation of traditional knowledge, although remaining as a peripheral topic for discussion, has now become a challenging one in intellectual property. With society and technology development, traditional knowledge is playing an increasingly significant role in biological and cultural diversity. And people are aware of the importance of immense wealth to be developed in traditional knowledge. Traditional knowledge is the basis for sustainable development of people in traditional communities and also the essentials of human cultural heritage. In china, this issue of traditional knowledge has not been thoroughly studied and the laws and regulations have so many deficiencies, which causes confusion in practice, so China should progressively perfect the legislations. Adopting the viewpoint of valuation, basic theories are analyzed in the first part of this thesis. Based on the current situations about protection of traditional knowledge, suggestions to perfect the legislation of traditional knowledge of our country are presented in the following parts, with theory combining with real examples.Other than the preface and epilogue, this thesis is divided into four chapters.Chapter 1, the traditional knowledge limits and the understanding, firstly it outlines historical evolution of the traditional knowledge, and through to the different country and the international organization to its connotation limits research analysis, proposes my own view. Then it clarifies the traditional knowledge general characteristic and the legal characteristic is for the purpose of deepening the paper research the theory significance, which aims at deepening the theoretical and practical significance of this thesis.Chapter 2, it adopts the historical analytic approach, through WTO,WIPO, WGIP, FAO and so on the international organization's correlation stipulations, elaborates the traditional knowledge international protection evolution vein, and carries on the comparative analysis on these international organization's stipulations, obtains the experience to give the enlightenment to our country.Chapter 3, it first introduces the difficulties of the protection for traditional knowledge and the necessity and the right of traditional knowledge, making the analysis to our country tradition knowledge protection law idea and hoping to be useful to protect our traditional knowledge.Chapter 4, it's based on the study of the former three chapters, the current situations in protection of traditional knowledge in China is investigated, it also points out the deficiency in our relevant legislation, and finally puts forward some suggestions.