我国西部开发中民族传统知识的法律保护

Legal Protection for the Traditional Knowledge of Nationalities in the Development of the Western Provinces

在西部开发中保护民族传统知识是实现人文与自然可持续和谐发展的基本条件。由于民族传统知识本身面临着生存危险、西方“生物海盗”掠用的危险,而西部开发可能使其雪上加霜,我国中央及西部地方政府已采取了一些措施,但仍存在一些问题。现代财产法、民族习惯法、有关国际法是西部开发中我国民族传统知识保护的基本法律规则。

In the development of the western provinces, protection for the traditional knowledge of nationalities remains a necessary condition to realize sustainable and harmonious development of human beings and nature. Although both our central and local governments have taken measures to protect the traditional knowledge of nationalities in the western provinces, it is still faced with some problems and risks, such as its own existing risk, risk of being plundered by 'biological pirates' of the western countries, and risk brought about by the western development. This paper points out that in the development of the western provinces, some legal norms including the modern property laws, customary laws of nationalities and some relevant international laws can be applied to the protection for the traditional knowledge of nationalities.