Traditional Knowledge Of The Legal Protection

Recent years, the legal protection of Traditional Knowledge (TK) has become one of the hottest issue in the world. With the development of modern science and technology, TK has been widely exploited and used. Its great value has been increasingly realized. At the same time, it become necessary to explore laws to protect TK. More and more holders of TK, such as some communities, nations and countries esp. developing countries, require strongly to protect their TK legally.The paper is based on the consideration to protect Chinese rich TK. As the greatest developing country in the world, China needs to make deep research on TK's features, form and policy to exploit a suitable way for TK protection, because she possesses a large quantity of traditional resources. Based on the understanding of Chinese present situation of TK protection and some successful practices in other countries, this essay is trying to put forward valuable sight or effective suggestions on Chinese TK protection.There are four chapters in this essay. The main points are as follows.Chapter 1 is the summary of TK. This chapter contains two parts: the connotation of TK and the distinguish between TK and some other similar concepts. The features about TK.Chapter 2 analysis the way to protect TK, especially the patterns and deficiencies of TK protection by present Intellectual Property Right law.Chapter 3 describes the worldwide exploration of the protection of TK briefly. It can be devided into two categories: defensive measures and positive measures. All of these legislative practices give our country previous examples for reference.Chapter 4 discussed the way China should use in protecting TK, some policy to protect TK for china. Some important issues, such as right holders, content of rights, term of protection and remedial measures also be discussed in this chapter.