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A Research on the Problem of Law Protection of Traditional Knowledge

Author: GuChunHua
Tutor: XuJiaLi
School: Guizhou Normal
Course: Marxist Theory and Ideological and Political Education
Keywords: Traditional knowledge Intellectual property rights Special law Public law Private law
CLC: D923.4
Type: Master's thesis
Year: 2007
Downloads: 91
Quote: 0
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Abstract


Traditional knowledge is the carrier of the heritage and development of human civilization , is a source of sustainable human development , has an irreplaceable value of traditional knowledge in the process of development of human history , traditional knowledge and knowledge system is completely different with modern knowledge , age of traditional knowledge and heritage in a special way , in a relatively open state , combined with the subject of rights is not clear, the current intellectual property system can not provide effective protection of traditional knowledge , and traditional knowledge in the heritage and development of the crisis , Therefore , this paper intends to study a number of issues on the legal protection of traditional knowledge . First part of this paper is to define the concept of traditional knowledge , clear its connotation and denotation , the nature and characteristics of the legitimacy of the protection of traditional knowledge ; second part of the analysis from the perspective of human rights , biodiversity and cultural diversity , together with an indication of traditional knowledge protection of the necessity and urgency ; part III discusses the overview of the national level of protection of traditional knowledge in the international perspective on the protection of traditional knowledge systems, and Chinese scholars view the legal protection for traditional knowledge ; part IV from both public and private law , specific analysis of the plight of the legal protection of traditional knowledge ; fifth part is thinking about the legal protection of traditional knowledge to specify the target of the legal protection of traditional knowledge , the use of the existing legal resources and the establishment of a special law protection mechanisms combining the traditional knowledge of the special law , including public and private law , so as to construct a comprehensive legal protection mechanisms . Carry out empirical research demonstrate the process of legal protection of traditional knowledge , traditional knowledge conservation status of the ethnic minority areas as corroboration , especially Guizhou Province Miao traditional medicine knowledge , for example , to the comprehensive legal protection mechanisms for the construction of the Traditional Knowledge feasibility support .

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights
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