Legal Protection Of Traditional Knowledge

In recent years, many countries are paying more and more attention to the traditional knowledge among the cultural industry research directions, after the traditional Community generations for hundreds of years of time-consuming labor crystalline, is an important part of its practice of cultural production, with outstanding cultural values and economic value. CBD, FAO are international main national sovereignty, benefit-sharing, informed consent protection principles as well as other organizations such as WIPO (World Intellectual Property Organization) on this issue to be a concern, however, along with the traditional knowledge for the role of modern technology and no alternative to the origins of value, resulting in the improper possession of developed countries and multinational companies on traditional knowledge. The phenomenon of increasingly serious using, not only against the economic interests of the traditional community and spiritual interests, but also a direct threat to the survival of traditional community stability. We should establish a set of protection mechanisms to protect against the improper use of the outside world in its own interests to safeguard the long-term stability of the world as well as biological diversity, the goal of cultural diversity, the majority of developing countries and less developed countries as the transmission of traditional knowledge and the development and make it a better development. However, due to the ambiguity of the concept and scope of traditional knowledge, protection system in the majority of countries and organizations lack a theoretical basis, and operating procedures.Legislation to protect traditional knowledge is imminent. Based on this background, on the basis of the combination of relevant international treaties and national legislation, I will be summed up as the traditional groups, integrity characteristics, that is, in a certain area is held by one or more of the community the sum of its ideological and empirical knowledge as the main value, clear property characteristics Discrimination clear contact with distinction with a similar concept. Combined with international organizations in developing countries, developed countries, the actual situation of legal protection, analysis of the pros and cons. Its abstract and ultimately three main legal protection, legal protection to build. Under the current situation of the moment has not been basically established a complete traditional knowledge, I conceived a set of preliminary integrity protection features of the legal framework for the protection of traditional knowledge aimed at holistic protection of traditional knowledge, in the moment to combine our traditional knowledge protection hot first experimental protection work, and the process of multi-dimensional protection and improve the mechanism to provide the institutional basis for our future to a greater extent on traditional knowledge, also provided valuable experience for the States to protect the greater geographical area.Finally, I especially combined groundbreaking traditional knowledge protection case of Guizhou Province as well as the relevant laws and regulations of the newly published "Regulations on the Protection of Intangible Cultural Heritage of Guizhou Province, with the above idea idea to verify, for example, the main community-strengthening private rights awareness into a consistent state in general, provide a rare empirical case for the author’s theoretical assumptions. This theory assumes, however, is still a bit naive and did not cover the moment cognitive traditional knowledge, have not gone through the test of reality, no specific cases combined with the bill. Everything still needs the time of the inspection, the final formation of the mature and complete protection system.