On The Legal Protection Of Traditional Scientific And Technological Knowledge

Although remaining as a peripheral topic for discussion, the preservation of traditional scientific and technological knowledge (TSTK) has now become a challenging one in intellectual property . As TSTK have many differences with modern knowledge which is the mainstream of our society , these differences can be determined that the existing intellectual property law system is not essential to the effective protection of TSTK. Therefore,this paper used the legislation and practice from other nations and international tissues for reference, and put forward individual suggestions. This paper employed the method of comparative , the method of value analysis and the method of conclude, summary and so on.The full text have four chapters. Chapter 1 have analyzed the relationship of trditional knowledge (TK) and TSTK,and have deduct TSTK that belongs to TK. And then this chapter summarized its characteristics by comparing TK and TSTK. Finally, this paper put forward the problem: what kind of legal system could be used to protect TSTK? How to protect TSTK?Chapter 2 is concerning of present situation and deficiency of other nations and international tissues. At present, the legal protection of TSTK still stduys in domestic, and also have great divergences between varies nations. Current, the legal protection of TSTK mostly embody in administration, but little of private law system in China. Thus, it has necessary to establish the private law system in China.Chapter 3 elaborated the basic theory of legal protection of intellectual property which was used by TSTK, and analyzed the validity and the feasibility .Chapter 4 raised the construction and consummation of the legal protection system of TSTK of our country. This chapter divided into two aspects , namely in legislation and system two aspects. First, it has described the model of legislation and the perfect of system;Then has mainly discussed the construction of system.