The Research On Traditional Knowledge Patent Database And Disclosure Obligation In India

With globalization of financial had been more obvious day by day,protection of genetic resources and traditional knowledge has become an important bargaining chip for powerful countries. Furthermore, intellectual property is an important weapon to defend chips. India, as the backbone of developing countries, recently issues a series of laws and regulations regarding protection of genetic resources and traditional knowledge. Moreover, India firstly builds a database of traditional knowledge which focuses on defensive protection of patent.At the national level, based on "Convention on Biological Diversity", India issues "biological diversity Act as well as patent law and many other laws and regulations in order to protect the genetic resources and traditional knowledge in India. At the international level, through the establishment of the India traditional knowledge database, patent examiners in many countries can conduct online search in the database, and India can also issue third party reports for application of patent judgment to avoid invalid patents.India has been combining legal theory and legal practice for parallel exploration for ten years; domestic legal system has been established and has the unique characteristics of India. Meanwhile, in the international arena India also plays an important role since India model has been gradually applied recognized and emulate by countries and organizations around the world. However, as a similar country which owns rich genetic resources and traditional knowledge, patent protection in China is just at the beginning. Therefore, learning from the experience of India, the meaning is very far-reaching. This article will start from the India traditional knowledge database which leads to legal meaning hidden behind, the origin of disclosure obligations of genetic resources. And it will followed by discussions on the relevant provisions worldly. In the end, with combination of above background, exploration of protection of genetic resources and traditional knowledge in China will be followed.