传统知识国际知识产权保护路径探析

On International Intellectual Property Protection of Traditional Knowledge

对传统知识进行保护已经成为国家间的共识,但对于采取何种方式进行保护,各国间则充斥着不同甚至是相互对立的声音。传统知识跨国盗用的日益猖獗使得对传统知识进行国际保护十分必要。鉴于目前《TRIPS协定》框架下传统知识保护多边谈判僵持不下并且发达国家努力通过双边自由贸易协定迫使发展中国家接受其提出的不合理传统知识保护主张,我国应积极推动在WIPO框架下签订"传统知识国际知识产权保护公约",以期时机成熟时,此公约可以被并入《TRIPS协定》中为传统知识提供国际知识产权保护。

There is a growing consensus among nations that need to protect traditional knowledge. However, nations are engaged in a dispute about how to protect traditional knowledge. The international misappropriation of traditional knowledge makes it essential to protect traditional knowledge in international level. Currently, the negotiation on the protection of traditional knowledge through making some changes on rules of the Trade-Related Aspects of Intellectual Property Rights Agreement is in difficult times. In addition, some developed countries are trying their best to force some developing countries to accept their improper methods for protecting traditional knowledge through bilateral free trade agreements. Therefore, China should promote the conclusion of intemational convention on traditional knowledge under the framword of WIPO with some other cotmtries. In the fullness of time, the convention should be incorporated into the Trade-Related Aspects of Intellectual Property Rights Agreement so that traditional knowledge can be protected fully and effectively.