Justification of Protecting Traditional Knowledge by Intellectual Property Law taking Community as New Subject of Right Simultaneously
XU Hai-ping · Shidai faxue · 2007
The traditional knowledge is precious wealth of the whole human. The traditional knowledge basic characteristic causes it to obtain the modern intellectual property rights system with difficulty the protection. In the right of object, based on the traditional knowledge basic characteristic, carries on the development, the expansion to the intellectual property rights object, the acknowledgement tradition knowledge for the intellectual property rights protection special object; In the subject of object limits, according to the traditional knowledge its itself main body community, the community tradition fundamental characteristic, to the community development right theory, is clear about to the community taking the traditional knowledge in the intellectual property rights subject of object. The protection to that traditional knowledge carries by the intellectual property right is proper, is the embodiment of the fair principle of the law, it is a need of respecting personality right, safeguarding and developing on cultural variety and resource foundation of the bio-diversity, the essence that it is the balanced incentive mechanism of the intellectual property right reflects.