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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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