| "Traditional Knowledge" is a complex term, involving economic, cultural, intellectual property fields, and others ranging from art to agriculture, medicinal plants and traditional medicine system, carrying multiple culture, belief, knowledge and practice, is the valuable heritage and wealth, mostly belonging to native or community residents. Since 20th century, with western economic and cultural penetration, the traditional culture and knowledge in some developing countries have been gradually marginalized, therefore traditional knowledge, which is closely connected with specific traditional culture has decayed, eventually losing cultural roots, national characteristics and souls, leading severe challenge to the existence of traditional knowledge.Since 20th century, knowledge has gradually become the important tool for countries to boost competitiveness. With the increasing international recognition of traditional knowledge value, new threat to the existence of traditional knowledge has come into being. Countries with advanced science and technology, preempt traditional resources and knowledge of the world through funding and technology advantages, develop and implementintellectual property system, constantly benefit from expanding subject matter of patent protection. While developing countries with large number of traditional knowledge, not only suffer from the erosion of western culture, losing the essence of ethnic culture, but its inherited traditional knowledge has suffered free possession, passively accepted an obligation to protect intellectual property rights in the developed countries. Holding a lot of traditional knowledge, developing countries face the great challenge of survival and development. Therefore, in the recent years, for the sake of economic, social and cultural aspects of sustainable development, people begin to pay close attention to problems of the traditional knowledge protection. Due to the use and access traditional knowledge is cross-border, global, therefore, traditional knowledge protection should also have the international perspective. Many international organizations or alliance is put forward from different angles of traditional knowledge protection, the proposal for attention in the world gradually become the focus of international issues.This thesis mainly studies on the international background of traditional knowledge protection, fully grasp the present protection situation of the world traditional medicine knowledge, around the protection of traditional knowledge system and technology, analysis technology of traditional knowledge protection on international experience. Based on the above practice, building directory database of TCM traditional knowledge protection in China.This paper consists of six parts. The first part is traditional knowledge protection and international background of the research. Articles to sort out the various international organizations, institutions, and developing countries with a large number of traditional knowledge, in a different view on the issue of traditional knowledge protection and measures to be taken, and comparative analysis.Worldwide for the protection of traditional knowledge holds two attitudes, one kind isabout the use of traditional knowledge, benefits, such as sustainable development closely related to the international organizations, as well as developing countrieswitha lot of traditional knowledge, hoping to actively promote the protection of the traditional knowledge and equitable sharing of traditional knowledge gains.The United Nations environment programme (UNEP) through the "Convention on Biological Diversity", put forward to protect biodiversity, sustainable use of their component parts, and fair and just share the benefits because of the use of genetic resources and goals.The world intellectual property organization (WIPO) specially established Intergovernmental Committee on Intellectual Property, Traditional Knowledge, G enetic Resources, and Folklore (IGC) discussing genetic resources, traditional knowledge and folk literature and art related intellectual property rights, prompting the world on how to protect traditional knowledge and traditional cultural forms in the best way to prevent theft and abuse of the consensus, the key purpose is to help the traditional knowledge and traditional cultural forms and holders of depository important to represent the cultural characteristics of the use of material have wider spread scope, and in the law to strengthen people’s respect and recognition to the material; Put forward the latest practice direction for protection of traditional knowledge, namely according to the condition of the traditional knowledge database, defensive to traditional knowledge protection.The UNESCO proposed convention on the protection of intangible cultural heritage. Intangible cultural heritage protection is traditional, emphasis on the tradition handed down from generation to generation, closely linking to pass on cultural heritage live transmission, the purpose of protection is to maintain cultural diversity and human creativity, suitable for the demand of the protection of traditional knowledge.WHO proposed Traditional Medicine sStraregy,2014-2023, hoping that the international organization construction of database can protect traditional knowledge; In Beijing declaration on traditional medical, it points out that the development of traditional medicine principle, direction and key areas, including "should be according to the specific situation of each country, respect, protect, promote and spread widely and appropriately traditional medicine, treatment and practice knowledge, calling for government action has yet to do so."......Another kind is to hope developed countries can consider traditional knowledge protection problem in the current intellectual property system. The world trade organization on the agreement on TRIPS to carry out the discussion of genetic resources and traditional knowledge. Article 27 of TRIPS agreement allows that basing on biological and genetic resources and traditional knowledge patent application has been granted a patent right, and the patent granted are not required to disclose the source of its genetic resources and traditional knowledge, of course, also does not require access to genetic resources and traditional knowledge "prior informed consent procedure", and jointly agreed "benefit sharing agreement", which is likely to lead to traditional knowledge resources to provide the resources predatory development, and the interests of the damage. Although TRIPS is currently the world’s most rigorous international protection for intellectual property agreement, but it is the starting point and end-result of all ignored the traditional culture and value of knowledge. Make TRIPS indirect became the international law on the protection of the strong, ignoring the weak.Due to the above-mentioned two aspects of disagreement is bigger, so the protection of traditional knowledge on international has yet to agree in the short term. In this background, some developing countries or areas with a lot of traditional knowledge become alliance, has for the country’s traditional knowledge, especially the traditional medical knowledge, the corresponding protection system and policy, dealing with complex international situation.The second part, this paper summaries the regional, national policies on traditional medicine, or system present situation, the research is more famous in the world of traditional medical intellectual protection system. The WHO points out that the comprehensive national policy is a basic guarantee of traditional medicine knowledge existence. Various regions, countries have set up special management for traditional medicine department, scientific research and education institutions, and formulate corresponding policies, laws, support and protection of traditional medicine and traditional medicine knowledge.It has been found that with the development of the traditional knowledge on international protection, more and more countries realize the importance of traditional knowledge protection, especially in close connection with human health and social development of the protection of traditional medicine knowledge, the construction of traditional knowledge protection system has become an international trend. At present, some countries make targeted to indigenous traditional knowledge protection is put forward, such as Peru’s "Peru about 2002 building indigenous collective biological resources protection legal system" (act no.27811), panama "special intellectual property law" and so on, especially in Thailand, in view of the traditional medicine knowledge especially formulated the "Thai traditional medicine knowledge protection and promotion act. The category of the protection of traditional knowledge and protection scope, the construction target, the related people, protecting the rights and obligations of the organization, the classification of the traditional knowledge, traditional knowledge and database or register fund construction has made the corresponding requirements. The formulation of the system, to our country of traditional knowledge protection system of traditional Chinese medicine has a certain reference.At present, in our country, traditional knowledge protection of intangibel cultural heritage of traditional Chinese medicine has some outcomes. Traditional medicine has become a big category of intangible cultural heritage protection in China, reflecting the country’s emphasis on traditional medicine. Successively in China in 2006,2006 and 2011 "national intangible cultural heritage protection and management interim measures", "national intangible cultural heritage representative inheritance people identified with project management interim measures", the intangible cultural heritage of the People’s Republic of China law, the provisions of the scope of intangible cultural heritage protection work, content, goal, related to people’s rights and obligations, etc. By the end of 2014, countries have officially released four batch of state-level intangible cultural heritage list (1372), the traditional medicine class a total of 23 (including (71). By the end of 2012, countries have officially released by the national intangible cultural heritage representative inheritance, four batch of a total of 1986, including traditional medicine representative heritage projects for a total of 74. Protect the intangible cultural heritage in our country, namely protect the national history, cultural and spiritual values, protect the important scientific information, social and economic value, etc., protect the non-material cultural heritage inheritance, and make the quintessence to better inheritance and development of great significance.In the last two years, China has issued traditional Chinese medicine (draft) ", "on comprehensively advancing the guidance of the construction of legal system of traditional Chinese medicine", "about accelerating the construction of the power of intellectual property rights under the new situation several opinions, the development strategy of traditional Chinese medicine outline (2016-2030)" and other laws and regulations, emphasizing and pointing out that the development of TCM traditional knowledge protection. Also it needs to learn from other countries’ similiarities to traditional knowledge protection in China’s laws and regulations and establish the special protection system of traditional medicine knowledge, revised its laws and regulations to adapt to the era of change in the domestic and international. To traditional knowledge protection in addition to build on the system, law, international have also begun to research on the technology practice of traditional knowledge protection.In the third part of this article, mainly around the protection of traditional knowledge on international technology practice, system and comprehensive analysis of all kinds of traditional knowledge database construction, management and information release or register, login conditions, understand its information collection, sorting, classification record, etc., research practice and advantages and disadvantages of all kinds of database or register, etc. Hope by studying this part, the construction of our country’s traditional knowledge protection list of traditional Chinese medicine database to provide positive influence and though-provoking effect.The WIPO-IGC to database and register as the enthusiasm of traditional knowledge protection and defensive protection measures. In practice, the defensive protection to prevent outside the community people to achieve the traditional knowledge of intellectual property rights. Such as traditional knowledge database, incorporating traditional knowledge in the field of public to easier access to the database, in order to help the patent retrieval technology, existing in the form of traditional knowledge defensive protection, prevent being patented. Traditional knowledge protection on international database practice cases, including the famous defensive digital library:Indian traditional knowledge digital library (TKDL), the Philippines, the traditional medical digital library.Database content mainly comes from the folk literature or collection of traditional medicine knowledge, in the process of digitalization, compiled into a variety of languages, to facilitate the use of information. Each database in the traditional knowledge should be based on traditional knowledge, fonnulate the corresponding coding; Provide simple text retrieval function; And the traditional knowledge description format, detailing the name of the traditional knowledge, producing area, metering, indications, publications and a series of related information; On the release of information, the public authority according to traditional knowledge, set access program, and release. The examiner shall be carried out in accordance with the procedure using the information in the database patent. In fact, through the traditional knowledge into the public domain, while it is possible to make up for the abuse of traditional knowledge in intellectual property system vulnerabilities, but it is bad for aboriginal control of the ownership of traditional knowledge.In addition, there are still some traditional knowledge on international portal, is by the state as a whole the traditional knowledge of database, the traditional knowledge in the form of a fully open to the world, and provide the world intellectual property office for patent. This type of database is not in the traditional sense of the defensive protection of database, but to a certain extent, playing the role of the protection of traditional knowledge possession and, such as South Korea’s traditional knowledge portal (KTKP).Positive protection refers to under the existing system of intellectual property rights or special system, it gives the rights of the traditional knowledge holders of traditional knowledge of legal recognition, let the community have the ability to control their traditional knowledge, and promote its use, will benefit from commercial development, such as traditional knowledge register. The enthusiasm of traditional knowledge protection on international practice cases, such as Peru’s indigenous collective knowledge country list. Peru’s indigenous collective knowledge country list is based on the country’s "genetic resources access control law", "the collective knowledge about establishing aboriginal biological resources protection system of law, the law explicitly the Peruvian government admitted that indigenous people and communities think properly according to its holdings of dealing with the collective knowledge rights and powers, respectively from the objects, the right subject, protection way, the purpose of the protection, traditional knowledge confirmation, institutions, and other provisions of the eight aspects how to protect traditional knowledge in Peru’s biological resources in the rules. Institutions, established the classification of traditional knowledge and registered under the laws of their traditional knowledge to collect, arrange, record registration and classification, traditional knowledge holders identification, a detailed record of traditional knowledge information, establish a list of collective knowledge. Indigenous collective knowledge country listing information to inform the international Patent Office, that traditional knowledge as public knowledge, not be patented.There are some countries in the world or scientific research institution, based on scientific research or benefits, construct traditional knowledge database, such as traditional Korean Oriental medicine database, Mexican traditional medical digital library, etc.At present, our country also has related to traditional medical knowledge database, such as Chinese medicine patent database, the database of Chinese intangible cultural heritage. But above the database is not a good defensive play traditional knowledge protection. In fact, as of April 2014, only the United States, Japan, South Korea, India, France, Germany, the six countries in our country has 1604 registered Chinese medicine patents, with traditional Chinese medicine is increasingly common for patent registered abroad, should speed up the construction of our country’s proprietary Chinese medicine traditional knowledge protection list database.The fourth part, this paper introduces the general situation of the recent work of TCM traditional knowledge protection in China as well as the construction of the traditional knowledge protection list of traditional Chinese medicine database. By comparing the existing domestic and the practical experience of traditional knowledge database or register, putting forward China’s traditional knowledge protection list of traditional Chinese medicine database complete idea.The conclusion part, through system analysis on traditional knowledge protection in domestic and foreign policies and issues, clarifies the development ideas of the protection of traditional knowledge, the international practice of the protection of traditional knowledge on technology research, dig the existing international successful cases of traditional knowledge protection database, put forward the construction of our country’s traditional knowledge protection list of traditional Chinese medicine database views and enlightenment. |
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