The Research About The Exploitation And Utilization Of Traditional Knowledge In Intellectual Property

The creation of Traditional knowledge is a gradual, long and continuous process, is intellectual achievements which a traditional tribal or traditional community concluded and created about the production and life practice of thousands years through the way of passed from generation to generation,has the significant economic, social and cultural value.Traditional knowledge is an important part of human civilized society,.It has been and will continue to play its important role in many countries especially developing countries, including China, India and so on.As the value of traditional knowledge has been recognized, mining and the development and utilization of expanded unceasingly, makes traditional knowledge protection to be a issue of international attention. Due to the emergence and development of traditional knowledge has a long history, subject is not very clear, and the majority of the public, leading to a result of the current current intellectual property system does not meet the protected object elements, cannot be protected by current intellectual property system.In this paper, by combining current situation and problems with the protection of traditional knowledge exploit and utilize in domestic and international, refer and absorb the successful experience and the system of some developing countries, put forward the suggestion to improve the system of the traditional knowledge intellectual property rights on the basis of the system and the integration of national legal system. Therefore, in view of the current situation at home and abroad, research and protection of traditional knowledge has important practical significance and legal significance.This paper consists of four each main parts.The first part, mainly introduce the research background and significance of the legal protection of traditional knowledge; Summarize the legal protection conditions of traditional knowledge at home and abroad; Introduce research methods and content in this paper.The second part, overview of the definition of the origin of traditional knowledge, and lead to the definition of traditional knowledge through the comparison in this paper; introduce and analyze the characteristics of traditional knowledge by compared with modern knowledge; Introduced the value that exploitation and utilization of traditional knowledge from the aspects of economic, cultural and social; Summary list the regulations of the law in the current international and domestic to protect traditional knowledge.The third part, the paper introduces major intellectual property issues in the process of the exploitation and utilization of traditional knowledge,as follows: over-exploitation of traditional knowledge, improper possession and unfair use of traditional knowledge, traditional knowledge of the unfair distribution of interest, fuzzy and lack of traditional knowledge right subject and scope of the object of rights are not clear. Analyzed these problems from the aspects of practical problem and legal difficulties.Combining with the current regulations in domestic laws and regulations, make recommendations for system construction, in order to make up for the inadequacy of domestic law and the system level and loopholes.Expect to find the the fundamental reasons.The fourth part, put forward the improvement suggestions in response to questions:system design of exploitation and utilization of traditional knowledge, traditional knowledge protection and innovation development coordination, establish benefit sharing mechanism on the basis of the principle of benefit balancing, determine the right subject and the scope and nature of the object of rights.