Research On The Legal Issues Of The Construction Of Chinese Traditional Knowledge Datebase

As the holders of traditional knowledge biopiracy cause damage suffered, even in economically relief, but it is difficult to make up for the loss of culture. Today there are two main categories of protected mode. One is the methods based on the intellectuall property systems, it is called positive protection; another way is based on the database, communities and countries collect the traditional knowledge and fix that in the database in case of the coming application of intellectual property upon the traditional knowledge, bad patent, this kind of method called defensive protection.The study found that our focus should be placed on the development of defensive protection of traditional knowledge, traditional knowledge database built with Chinese characteristics, in line with today's social and economic development of our country. How do the collection and collation of literature and the inclusion of traditional knowledge as prior art and build a basic shape of traditional knowledge databases is the value of the paper lies.Meanwhile, we should compare Chinese traditional knowledge datebase to other countries so that it can be expected to provide a reference value for the construction of China's traditional knowledge database information.Then mode selection of traditional knowledge databases is particularly important.Enthusiasm protection model can give the traditional knowledge holders own exclusive rights.However, the specific measures for implementation by the international community does not protect traditional knowledge and intellectual property cases. Therefore actively protected mode also need our traditional knowledge through self-improvement, in order to play a major positive role. The theory is based on the prior art passive protection mode, which functions to prevent piracy of traditional knowledge was, or avoid re-creation based on patent protection of traditional knowledge. Active and passive protected mode both belong to different directions, but both are based on the theory of intellectual property. Therefore there is no conflict between the two on the protection of traditional knowledge. I believe that our country should be to improve the system of intellectual property laws. By building a concrete database and reinforcing the exclusive law rights of traditional knowledge, it can be formed the regular combination of active and passive protection mode .