On Protecting Pattern Under Special Law For Traditional Knowledge

Based on the content of traditional knowledge and by comparing the advantages and disadvantages of the four current protecting patterns, the special laws protecting pattern is thus determined to be the best way to protect the said knowledge. By studying Convention on Biological Diversity in 1992 and genetic resources protecting patterns formed by legislation in different countries, the special laws protecting pattern of traditional knowledge is furtherly suggested in terms of administrative system formulation.The paper includes four chapters besides preface and postscript:In the first chapter, characters of traditional knowledge are introduced within the limit of its content, which is summerized as technological knowledge and experience in the realms of industry. This chapter also discusses the importance of the said knowledge to the issues in the 21st century such as food, health and environment, the predicaments in which the said knowledge holders are, the difficulties encountered in protecting it, and the necessity for legislation for protecting it.In the second chapter, the author observes the four current protecting patterns of traditional knowledge, especially the one under the intellectual property law, and suggests adopting special laws protecting pattern when legislating for the said knowledge protection in the future.In the third chapter, by analysing the genetic resources protecting pattern formed by Convention on Biological Diversity in 1992, the author introduces the use of the said pattern in respect of legislation in the countries such as Costa Rica, Philippines and India, moreover, he suggests introducing the said pattern and learning from the amendments made by other countries.In the forth chapter,based on the former analysis, the author suggests bringing traditional knowledge under effective protection and carrying out appraise,colletion and reorganization of the said knowledge as soon as possible. In addition, proposals for measures, including setting standards of ownership confirmation,selecting departments in charge of the said knowledge and establishing prior informed consent system and the relevant rules, are put forward for the future legislation in China.