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Research on Institutes of Traditional Knowledge’s Legislative Protection

Author: ChenRong
Tutor: PengZhenMing
School: Central China Normal University
Course: Civil and Commercial Law
Keywords: traditional knowledge legislative protection choice among different institutes
CLC: D923.4
Type: Master's thesis
Year: 2011
Downloads: 80
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Abstract

With the development of modern science and technology, traditional knowledge has being regarded as awkward and worth of nothing until a research issued by Pat Mooney at the end of last century 70s, which pointed out that developed countries had seized amazing wealth by abusing traditional knowledge and resources belonging to developing countries. This let countries of the Third World recognize the necessity and importance of protecting their traditional knowledge and resources. Now, many developing countries have been engaged in this activity, and some countries with rich traditional knowledge resources have passed or are drafting acts related to traditional knowledge protection. Meanwhile, academic research also becomes dynamic. It is meaningful and significant for China, which owns rich and diverse traditional knowledge resources as a result of the status of ethnic nation with long history of civilization to intensify traditional knowledge protection. This implies immence economic and great cultural value. Recently, choice of legeslative protection institutes for traditional knowledge has become another hot topic of academic research. However, it is very crucial to realize the use and the position of every mode in protecting traditional knowledge. The protection of traditional knowledge is not instant, but a process little by little. Every mode is either another good test, or a new thinking, even only is aimed at resolving some particular problems. It can not reach the final goal of traditional knowledge protection by choosing one of these modes, but needs to prove both theoretically and practically.The thesis is divided into four parts:The first part is about the overview of traditional knowledge. Although the word "traditional knowledge" is not something new, the definition of "traditional knowledge" is still a question. International organizations, countries and famous academic researchers are all holding on their own point-view. This part at first introduces and analyses some views, and then sums up four points that traditional knowledge differs from modern science and technology.The second chapter is about the legeslative comparative review on traditional knowledge protection from two aspects-time and space. Firstly, the author introduces the developing history of traditional knowledge protection, and then gives an introduction and analysis of relative laws of countries maturely and typically in traditional knowledge protection. Factually, most developing countries in the areas of Latin-America and Pacific-Asia are acting positively in traditional knowledge protection. Besides, some other countries, for example, African countries and other developed countries are also engaging in traditional knowledge protection.Chapter three analyses China’s present main institutes of traditional knowledge protection. At the basis of chapter two, the author sums up four main institutes of present traditional knowledge protection, including the protection of present intellectual property rights institution, the protection of particular regimes of intellectual property rights institution, the protection of traditional knowledge rights institution and the protection of customary law of traditional society. This part analyses the status, characteristics and shortcomings of these four modes.The last chapter is the author’s thinking about perfecting China’s traditional knowledge protection, which is divided into two parts. The front part talks about questions of China’s traditional knowledge protection; and the later part gives suggestions related to the former problems. The author points out three aspects that we should pay attention to in perfecting the laws related to traditional knowledge protection, namely systemizing the legislative thought; promoting the use of traditional knowledge in order to well preserve and develop traditional knowledge; and puplicizing relative legislation to intensify nation’s realization to protect traditional knowledge.

Research on Institutes of Traditional Knowledge’s Legislative Protection

Abstract

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