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On Patterns of Benefits Distribution of Traditional Knowledge

Author: LinHong
Tutor: DingLiZuo
School: Xiamen University
Course: Civil and Commercial Law
Keywords: Traditional knowledge Distribution of benefits
CLC: D913
Type: Master's thesis
Year: 2006
Downloads: 228
Quote: 7
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Abstract

With the rapid development of economic globalization and the information network , the value of traditional knowledge in the commercialization process is increasingly being recognized and increasingly widely used , the distribution of benefits has become increasingly prominent but the lack of a comprehensive system of rules . Therefore , to construct an ideal balance of interests , realize the rational allocation of traditional knowledge is an interesting topic . Triggered by this article from the traditional knowledge of the legal and policy issues of the complex and volatile perspective , combined with the characteristics of traditional knowledge , to explore the traditional knowledge of the distribution of benefits on the basis of the analysis of relevant theory and practice , to achieve . Introduction, body and conclusion of the paper is divided into three parts , the body part consists of three chapters . The first chapter of the definition and scope of traditional knowledge , traditional knowledge , including folklore , the place of traditional medicine , and other related to genetic resources , traditional knowledge, and discusses the status and role of traditional knowledge in national and local innovation system , and then introduce the traditional knowledge of the distribution of benefits of the proposed background . The second chapter of this paper carried out a comparative study of the traditional knowledge of the distribution of benefits , introduced the legislation and practice of international organizations and the India , Brazil and other countries about the interests of the traditional knowledge distribution , and analysis of the current situation of our country , to come to the traditional knowledge of the distribution of benefits has not yet formed a complete system of conclusions. On this basis , the distribution of benefits of the traditional knowledge of reality and the reality of the existence difficult . Chapter III of this paper is the core part of the whole article , in the analysis of the theoretical basis of the distribution of labor theory, personality theory , incentive theory and balance theory point of view of the interests of the traditional knowledge , mainly institutional design of the traditional knowledge of the distribution of benefits . Section II of the chapter of the mode of distribution of benefits construct that the interests of the traditional knowledge constitutes the monetary benefits and non-monetary benefits , primitive interests and derivative interests ; rights of traditional knowledge should traditional knowledge traditional groups or communities ; distribution of benefits should follow the principle of balance the interests of fairness and justice ; proposed distribution of benefits based dynamic mode , the safeguards described the distribution of benefits .

On Patterns of Benefits Distribution of Traditional Knowledge

Abstract

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