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The Protecition of Traditional Knowledge in Intellectual Property

Author: HuHong
Tutor: NanZhenXing
School: Hebei University of Economics
Course: Civil and Commercial Law
Keywords: Traditional knowledge Intellectual property rights Special law
CLC: D923.4
Type: Master's thesis
Year: 2011
Downloads: 91
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Abstract

Traditional knowledge traditional tribal or traditional communities are summarized in the thousands of years of production life practice, creating out of the sum of the knowledge, skills, experience, and has a significant economic value, technology and cultural values ??of traditional tribal and modern society. However, traditional knowledge age, and most of them has been made public, the subject of rights is not clear, which does not comply with the basic elements of the intellectual property rights of existing intellectual property law, it is difficult to get the protection of existing intellectual property laws. Of traditional knowledge from the history of ancient challenges encountered by existing intellectual property laws in the new century. In recent years, the intellectual property protection of traditional knowledge has become an issue of great concern to developing countries and the international community, and gradually evolved as an international forum to discuss the focus. China's vast territory, has a long history, vast deposits of rich traditional knowledge, but because of the lack of effective mechanism for the protection of traditional knowledge led to the theft of a large number of traditional knowledge, the loss of our intellectual property protection of traditional knowledge is desperately needed. However, the current world-wide there is no output and a higher degree of recognition of intellectual property protection of traditional knowledge program, traditional knowledge, intellectual property protection has become a matter of urgency in the world today. Expand in this area of ??research and exploration, and lay a theoretical foundation for building a system of intellectual property protection of traditional knowledge, is conducive to the protection of intellectual property interests of traditional knowledge, and make a useful contribution to the protection of traditional knowledge system innovation. In this paper, the use of comparative analysis, inductive analysis and other methods, the results of theoretical studies related to the protection of traditional knowledge and learn from foreign judicial practice, combined with China's existing laws and regulations and judicial practice, depth discussion of the intellectual property protection of traditional knowledge problems. First of all, the use of a comparative analysis of a critical analysis of the concept of traditional knowledge, by comparison of traditional knowledge associated with the concept of, and ultimately define traditional knowledge of the Intellectual Property Rights in the Context of specific groups or groups associated in the production and life of the long-term practice, created in response to the challenges of the natural environment or social environment and related groups, cultural background, moral values, and natural factors interrelated by specific groups through the generations to jointly develop, evolve while different from the knowledge of modern knowledge in the form of product formed or deformed into products. Second, analysis of the legitimacy and the plight of the intellectual property protection of traditional knowledge and the intellectual property protection of traditional knowledge abroad to explore and practice. Finally, the use of inductive analysis method to follow existing theory on the basis of systematic thinking and proposed the idea of ??a system of intellectual property protection of traditional knowledge. Combined with our existing intellectual property laws and other law the status quo and lack of protection of traditional knowledge, this article attempts to build a special law protection system in the current intellectual property system. The special law of this traditional knowledge protection principles, including in particular the main principles, in particular the contents of the disclosure of the principles as well as the special rights of content and duration. At the same time, improve the existing intellectual property laws, including changes to patent standards, patent search system and the copyright system. Through the practice of the above two steps, we expect the eventual establishment of traditional knowledge protection system of the special law, in order to achieve the stereoscopic protection of traditional knowledge of various angles.

The Protecition of Traditional Knowledge in Intellectual Property

Abstract

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