The Protection Of Genetic Biological Resources And Associated Traditional Knowledge

Traditional knowledge as an important human intellectual achievement, is a vastreservoir of cultural and economic value.With the fast development of biotechnology,the utilization of genetic biological resources and associated traditional knowledgehas reached an unprecedented height. But in practice the phenomenon of "bio-piracy"becomes serious, developed countries and their multinational corporations take theiradvantages of biotechnology to get free or pay pay lower than normal and reasonablevalue to access genetic resources and associated traditional knowledge from thedeveloping countries. They develope it into a patented product with a high economicvalue and enjoy the exclusive benefits resulting in a genetic biological resources andtraditional knowledge holders, the legitimate rights and interests of indigenous andlocal communities have suffered serious damage and a huge loss of biologicalresources.Modern intellectual property system in the international legal protection, led bythe"TRIPS AGREEMENT", can not conduct a comprehensive protection oftraditional knowledge due to the the private rights theory, but has become an"accomplice" of bio-piracy. Meanwhile Convention on Biological Diversity, the leadin establishing prior informed consent,mutually agreed terms and benefit-sharingprinciple, has builded an access and benefit-sharing mechanism for the protection oftraditional knowledge. The first chapter introduced the concept of traditional knowledge and its thecharacteristics. It also introduced the definition of traditional knowledge byConvention on Biological Diversity, WIPO, the WTO and other conventions andinternational organizations.It provided analysis the unique characteristics oftraditional knowledge relative to the modern knowledge.The second chapter described the conservation status of traditional knowledgefrom the legislative level and practical level. The WIPO, WTO and otherorganizations for the protection of traditional knowledge was insufficient. The paperpointed out that in practice there are a lot of "bio-piracy" phenomenon. In order tointercept the phenomenon,we must study started with the Convention on BiologicalDiversity and coordinate the tension between the Convention and the TRIPSAgreement.The third part introduced the evolution and new developments of the Conventionon Biological Diversity in the protection of traditional knowledge. The Convention onBiological Diversity created the access and benefit-sharing mechanisms of geneticbiological resources and associated traditional knowledge and established theprinciples of prior informed consent and interests’ sharing. Its latest achievement isNagoya Protocol which enriched and strengthened the access and benefit-sharingmechanism and established more detailed implementation of the internationalstandards and brought a new development for the protection of traditional knowledge.The last part of discussion focused on the necessity and feasibility to amend theTRIPS Agreement in order to meet the need of the protection of traditional knowledge.The paper suggested to absorb and learn from the Convention and Protocol andpresented the reasonable advices about the amendment of the TRIPS Agreement.In order to achieve coordination of the Convention on Biological Diversity andthe TRIPS Agreement and focus on defensive protection of traditional knowledge, itis necessary to ensure the implementation of prior informed consent and mutualagreed terms and disclosure of genetic resources and associated traditional knowledgein patent’s applications.After the patent granted,it also need to fulfill equitablebenefit-sharing principle of the Convention on Biological Diversity. All that formed a complete protection as a circle and enhanced the level of protection of traditionalknowledge.