A Research On The Problem Of Law Protection Of Traditional Knowledge

Traditional knowledge is the carrier of civilization and the source of human sustainable development, which plays an important part in the history of civilization. Traditional knowledge is also totally different from modern knowledge and it has its own characteristics such as it has a long history, it is preserved and developed in a special way and it is known in specific range. In addition, the problem that who can claim the right of tradition knowledge is not solved. For the above reasons the existing intellectual property systems cannot protect tradition knowledge effectively and tradition knowledge is facing a perseveration crisis. So the paper is connected to how to protect tradition knowledge by law. In this paper, chapter 1 discusses the definition and characteristics of tradition knowledge. Chapter 2 examines the righteousness of the legal protection on tradition knowledge from the perspective of Human Rights, cultural diversity and biodiversity. At the same time the paper also points out the necessity and urgency of the legal protection on tradition knowledge. Chapter 3 describes the worldwide exploration of the protection on tradition knowledge and introduces some of domestic scholars'viewpoints on the legal protection on tradition knowledge. Chapter 4 discusses the difficulties of the legal protection on tradition knowledge in our country from the perspective of public law and private law. Chapter 5 discusses the legal protection on tradition knowledge. It also tells us the goal of the legal protection on tradition knowledge .Therefore it suggests that we make full use of the exiting laws to protect tradition knowledge and then construct the special legal protection systems, thus we can build the comprehensive legal protection systems on tradition knowledge including public, private and special legal protection. Based on the empirical study on traditional knowledge protection in minority areas and especially on the Chinese medicine knowledge of national minority of Miao in Guizhou province, the paper tends to build a comprehensive legal protection systems of traditional knowledge.