Research on the protection of traditional knowledge
论文作者:51lunwen论文属性:课程作业 Coursework登出时间:2007-01-01编辑:点击率:3315
论文字数:3297论文编号:org200701011649127357语种:英语 English地区:中国价格:$ 33
关键词:Researchprotection of traditional knowledge
Research on the protection of traditional knowledge
1.Introduction
Long development
history of various nationalities all around the world has brought along rich and peculiar cultural traditions. This is what we call traditional knowledge or indigenous knowledge. In recent years, the protection of traditional knowledge, cultural heritage and folk literatures has drawn broad attention from all around the globe. Either international organizations such as World Intellectual Property Organization (WIPO) or some developing countries as China, Latin America have taken feasible measures to protect traditional knowledge, world heritage and folk literatures. (wang,2000)
As far as the protection of traditional knowledge is concerned, some contend that TK [traditional knowledge] in industrialized countries needs special attention and special policies. “It is well recognized that many countries of Latin America, Asia, Africa, Oceania and countries of the North with ethnic indigenous groups have TK. But especially European countries ignore that many professions that deal with biodiversity over generations hold highly valuable TK for the conservation of BD [biodiversity].”
Basically, I agree with the viewpoint of the above quotation. And suggestions on how the law might be used to protect biodiversity in Europe would also be proposed.
2.Basic theories on the protection of traditional knowledge
2.1 Characteristics of traditional knowledge
1、Monopoly and exclusive nature of traditional knowledge
Monopoly or exclusive nature of traditional knowledge originates from the protection of intellectual fruits. The monopoly and exclusive nature of traditional knowledge has lead to the two results: one is the abuse of the monopoly, which would influence fair trade, free competition and the acquisition and utilization of both traditional knowledge and modern knowledge; second is the coordination between traditional and modern knowledge. Emphasizing on the monopoly nature of modern knowledge while ignoring that of traditional knowledge would not only be serious infringement on the right of that native country that has traditional knowledge without any protection. (gu,2000)
2、Regional characteristics of traditional knowledge
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