Research On Intellectual Property Protection Of Traditional Knowledge In Rural Communities | Posted on:2021-04-16 | Degree:Master | Type:Thesis | Country:China | Candidate:C Li | Full Text:PDF | GTID:2506306290493104 | Subject:Civil and Commercial Law | Abstract/Summary: | PDF Full Text Request | With the development of social economy,the value of traditional knowledge is paid more and more attention.Scholars at home and abroad have a lot of research results on traditional knowledge,as far as the protection of traditional knowledge is concerned,intellectual property protection is considered indispensable,in the initial stage of research,scholars have had a heated discussion on whether traditional knowledge can be applied to the protection of intellectual property rights.At present,the intellectual property protection of traditional knowledge has reached a consensus in academia.However,traditional knowledge as the object of intellectual property protection after all and the object of traditional intellectual property protection is quite different,how to coordinate the relationship between traditional knowledge and intellectual property law,better use of intellectual property rights to protect traditional knowledge,the academic community has not yet formed a mature theory.China is a country rich in traditional knowledge resources,rural community traditional knowledge is an important part of traditional knowledge in China,plays an important role in traditional knowledge.There are serious deficiencies in the protection of traditional knowledge in rural communities in China.The loss of traditional knowledge in rural communities is serious due to the lack of awareness ofcommunity residents to the protection of traditional knowledge in their communities,the lack of attention of local relevant institutions and the influence of urbanization.Some traditional knowledge of commercial value in rural communities is used maliciously by some companies,even applying for relevant intellectual property rights to capture a large number of benefits,while the residents of rural communities who have inherited and innovated the traditional knowledge do not enjoy any benefits as a result,and their basic rights to traditional knowledge are not respected.This article analyzes the difficulties faced by the protection of traditional intellectual property rights in rural communities in China,analyzes the existing theoretical viewpoints on the protection of traditional intellectual property rights and draws lessons from the excellent measures of other countries to protect traditional intellectual property rights,and discusses how to use intellectual property rights to protect traditional knowledge in rural communities.This article chooses the traditional knowledge of rural communities as the research object,analyzes the situation of the protection of traditional knowledge from the existing intellectual property rights system in China,and then analyzes the situation of the selected rural community research,and puts forward reasonable and effective suggestions for the protection of traditional intellectual property rights in rural communities in China.The first chapter introduces the background of the topic and the current situation of research on the protection of traditional intellectual property rights at home and abroad;The second chapter mainly expounds the connotation of traditional knowledge and distinguishes traditional knowledge from other related concepts,and analyzes the feasibility and necessity of using intellectual property to protect traditional knowledge in rural communities;The third chapter mainly analyzes the views of academia on the protection of traditional intellectual property rights;Chapter Four analyzes the practical difficulties of using intellectual property rights to protect traditional knowledge in rural communities;The fifth chapter puts forward some suggestions on the protection of traditional intellectual property rights in rural communities on the basis of summarizing the previous articles. | Keywords/Search Tags: | Rural communities, Traditional knowledge, Intellectual property right, Protect, Interest | PDF Full Text Request | Related items |
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