Protection of International Laws on Traditional Knowledge
|School||Tianjin University of Finance and Economics|
|Keywords||Traditional Knowledge Intellectual Property Rights TRIPS Agreement Protection of International Laws|
At present. China is not in a dominant position of ownerships and applications of intellectual property rights, particularly the independent intellectual property rights. This is mainly due to the fact that invention patents, famous trademarks, software, audio-visual works and other intellectual property lie in the hands of a few developed countries. We should strive to include traditional knowledge in the scope of protection of intellectual property rights to enhance China’s position in the field of intellectual property rights, at least to avoid being placed at an inferior position. This is not only consistent with international human rights theory and property rights theory, but also in favor of promoting cultural diversity and balancing the interests of developed and developing countries.Despite the fact that traditional knowledge protection is included in some international treaties and declarations. these provisions are non-binding or weakly bonding because of lack of concentration. thus they are not universal. Moreover, the international community has yet to reach a consensus on international law of the protection of traditional knowledge, in particular, under the framework of TRIPS. Considerable controversy lies among all countries, especially between developed and developing countries. Admittedly, protection of traditional knowledge in the modern intellectual property system is facing great obstacles. However, challenges are always accompanies by opportunities. This article aims to find a way out in times of difficulty, that is, to gradually promote the protection of traditional knowledge in international law, especially under the framework of TRIPS, with the premises of not clashing with the existing IPR theories too much but connecting with the current IPR system. Its feasibility and ultimate goal is to improve the system of domestic intellectual property rights protection of traditional knowledge, to lead the protection of knowledge creation in domestic law. Taking traditional knowledge into the scope of intellectual property rights protection aims to enhance our position in the field of intellectual property rights, and to actively promote the protection of traditional knowledge in the international community to achieve common development and harmonious development. This paper, on the basis of analysis of the existing literature demonstrates exploratory argument on the legal protection of traditional knowledge from the level of international and domestic law by means of empirical analysis, economics analysis, comparative research methods, etc. And the ultimate goal is to include traditional knowledge into the scope of international law protection to achieve the harmonization of traditional knowledge protection in both domestic and international law.