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On the traditional knowledge of intellectual property

Author: DuLu
Tutor: YangLiZhen
School: Northwestern University
Course: Civil and Commercial Law
Keywords: Traditional Knowledge the ability to obtain Intellectual Property the ability to obtain Copyright the ability to obtain Patent Geographical Indications
CLC: D923.4
Type: Master's thesis
Year: 2009
Downloads: 121
Quote: 5
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Abstract


Whether Traditional Knowledge can be protected as an object of Intellectual Property, i.e. whether Traditional Knowledge has the ability to obtain Intellectual Property is an important theoretical problem upon which views diverge both in international coordination and in Chinese academic circles. In consequence, it affects the international coordination and Chinese legislation for the protection of Traditional Knowledge. For this reason, this article will expound the conception of Traditional Knowledge first. And then, expound the ability to obtain Intellectual Property systematically by analyzing and proving the ability to obtain Copyright of Traditional Knowledge, the ability to obtain Patent of Traditional Knowledge and the similarity between Traditional Knowledge and Geographical Indications. Thus, this article is arranged four parts as follow:The first chapter is to define the basic concept, which is the crucial and fundamental question of this essay. There are two sections in this chapter: the connotation of Traditional Knowledge, the distinguishing between Traditional Knowledge and some other similar concepts, and the features about Traditional Knowledge.The second chapter is to expound the ability to obtain Copyright of Traditional Knowledge. There are also two sections in this chapter: the contents of the ability to obtain Copyright and the analyzing the ability to obtain Copyright of Traditional Knowledge.Chapter three is to expound the ability to obtain Patent of Traditional Knowledge. There are two sections in this chapter as well: the contents of the ability to obtain Patent and the analyzing the ability to obtain Patent of Traditional Knowledge.Generally, Chapter four should expound the relationship between Traditional Knowledge and Trademark System. As we know, Collective Mark and Authorized Mark can protect Traditional Knowledge in Trademark System, which need the supporting of Geographical Indications System. However, it is discordant whether Traditional Knowledge can be protected by Geographical Indications System. So, this chapter will expound the similarity between Traditional Knowledge and Geographical Indications. Also, there are two sections: the connotation of Geographical Indications and analyzing the similarity between Traditional Knowledge and Geographical Indications.

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