The Protection of Traditional Knowledge-The Comparison of The Positive Protection and The Defensive Protection

• Main Authors: Chen-jeng jou, 陳鉦洲
• Other Authors: Yeh, te-hui
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/33424425160474228775

碩士 === 逢甲大學 === 財經法律研究所 === 98 === The traditional knowledge and folklore are under new impact of the intellectual property systems , as the nature of the knowledge and the culture heritage; it was shared by the public domain , but some of the organizations and companies steal the traditional knowledge or folklore by patent、copyright、or other kinds of methods. In fact , the most of the traditional knowledge holders don•t limit the information or culture to others; including the people in the same communities or out of their communities. The reason makes the traditional knowledge holders start to close their information and culture is trying to protest the misappropriation of their traditional knowledge. The “bioprivacy” means the people or organization’s misappropriation to the traditional knowledge and folklore or genetic resources. There are some famous cases about the bioprivacy: the neem case、the turmeric case、and the basmati rice case. In the most of the cases , the traditional knowledge back to the public domain, but it is not easy to recover the damage to the traditional knowledge and the culture heritage. According to the damage of the bioprivacy , countries that related to the issue take part in the international commit and the researcher study for the solution, those are the main roles work hard for the issue. The studies show two kinds of solutions , one is the methods based on the intellectual property systems , it is called positive protection; another way is based on the database , communities and countries collect the traditional knowledge and fix that in the database in case of the coming application of intellectual property upon the traditional knowledge ,bad patent, this kind of method called defensive protection. The differences between two kind of methods are the related rights and protection , for the positive protection , traditional knowledge holder could have their own rights to the knowledge and use it for many purposes ; opposite to the positive protection , the defensive protection is just could be a method for communities to prevent the bad patent. There are still some differences between two methods , for example , the regulations of those intellectual property systems and the qualifications of the database. There are advantages and disadvantages between them , so this paper is trying to find out the best and suitable solutions for the protection of traditional knowledge , preventing the possible bioprivacy in the future.