| China is a vast country and has always been known as a large agricultural country.As one of the countries with the richest biodiversity,the people of this land,from the time of their ancestors,have learned to adapt to the local conditions.During thousands of years of production and living practices,various ethnic groups have accumulated a large amount of traditional knowledge in the conservation and sustainable use of biological resources,such as the traditional knowledge of terraced agriculture of the Hani people in Yunnan Province and the agricultural traditional knowledge of the rice,fish and duck symbiotic system of the Dong people.This traditional knowledge has not only benefited the people who have inherited it for generations,providing them with production and living skills,but is also one of the sources of inspiration for modern knowledge innovation,and has an important role in inspiring modern research in agriculture and medicine,and providing a large amount of basic materials to save costs at the present stage of research.Traditional knowledge first came to people’s attention by virtue of the Convention on Biological Diversity,and as a party to the Convention,China has been actively exploring the realistic path of biodiversity conservation.With the promotion of the concept of ecological civilization,biodiversity conservation has been elevated to a national strategy.The in-depth study of biodiversity has also made people realize that traditional knowledge is of great value to biodiversity conservation,and the biopiracy of traditional knowledge in developing countries is becoming more and more rampant,and the discussion on how to protect traditional knowledge is gradually increasing,and has become an international hot spot at this stage.Our country has also been discussing and researching to solve this problem and contributing Chinese power.Although discussions and researches on traditional knowledge have continued for many years,most of the researches have been maintained on this broad category,and fewer special researches have been conducted on the detailed subcategories of it.The discussions on agricultural traditional knowledge are not as enthusiastic as those on traditional knowledge of Chinese medicine,but in fact the two are comparable in terms of important weight.Along with the accelerated modernization of industrialization,urbanization and marketization,monoculture mechanization,migrant workers abandoning agriculture for urban employment,and the increasing destruction of biodiversity,the survival of agricultural traditional knowledge is also facing a great crisis,so the protection of agricultural traditional knowledge has become more and more important and urgent.However,unlike the concept,rights holders and content of traditional knowledge,which are at least generally stipulated in international treaties,the relevant provisions on the connotation of agricultural traditional knowledge cannot be found in the conventions concluded in China,and the clarification of its connotation is a step that cannot be skipped when talking about the application and protection.This paper analyzes the connotation of traditional agricultural knowledge in China’s laws within the framework of the Convention on Biological Diversity and in accordance with the actual situation in China.The paper is divided into five chapters,the main contents of which are as follows:Chapter 1 introduces the origin of the legal concept of traditional knowledge and its characteristics,which is the starting point and foundation of the thesis research.Agricultural traditional knowledge is a sub-category of traditional knowledge,so it is necessary to introduce the traditional knowledge in the convention clearly first.Chapter 2 analyzes the necessity of extracting the Chinese law connotation of biodiversity-related agricultural traditional knowledge.Traditional knowledge arises from international treaties,not all of which are directly applicable in China,and there is no legal system of agricultural traditional knowledge in China,so it is necessary to extract the meaning of these concepts in the Chinese legal system for their translation and application and later establishment of legal system.In addition,parties from ethnic minorities and local communities that have been subjected to TK biopiracy also need a set of terms that they can understand or translate into their national languages.Chapter 3 presents international treaties and other national systems for the protection of biodiversity-related traditional knowledge and analyzes the useful lessons learned.The results of the explorations of the Conference of the Parties to the Convention and India,which is similar to our country in terms of traditional knowledge,are presented to analyze the inspiration for clarifying the meaning of traditional knowledge in agriculture.Chapter 4 analyzes several possible forms of rights related to biodiversity-related traditional agricultural knowledge that may be expressed in the existing system in China.Three kinds of analyses,namely,intellectual property rights model,claims model and intangible cultural heritage model,are selected to explore the subjects,object forms and contents of rights and obligations expressed by agricultural traditional knowledge in practice.Chapter 5 introduces the Chinese law connotation of agricultural traditional knowledge derived from the research analysis of this paper.Based on the discussion and analysis of the appeal,the concept and classification of agricultural traditional knowledge in Chinese law are refined according to the normative documents issued in China,the provisions of international treaties are absorbed and the excellent practices of other countries are drawn upon,the connotations of subjects and objects are refined by returning to the real situation in China,and the corresponding contents of rights and obligations are analyzed on the basis of the refined connotations of subjects and objects.A set of biodiversity-related traditional knowledge of agriculture in Chinese law will be formed. |
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