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New Idea on Public Litigation of Intellectual Property Protection of the Traditional Knowledge

Sun Cai-hong

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Abstract

It has always been the point at issue on how to protect the intellectual property rights of the traditional knowledge.There currently exist two systems on legal protection in the world,which are the international law and the internal law.Among them,the latter involves constitution,administrative law and the intellectual property law.The author thinks that the first step in establishing an intellectual property protection system in our country is to make certain the interests involved in the protection of the intellectual property rights of the traditional knowledge,and thus a legal method on the protection of the intellectual property rights of the traditional knowledge from all aspects can be found.Only by this way,the road to protect intellectual property rights of the traditional knowledge in our country will be widened.The idea of protecting the intellectual property rights of the traditional knowledge by establishing a public litigation system not only avoids the uncertainty in defining the main party in the intellectual property rights of the traditional knowledge,but also affectively contains the system on getting an intellectual property rights publicly.Thus,the public interest and the integrity of traditional culture of our nation could be assured.

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What this paper is about

It has always been the point at issue on how to protect the intellectual property rights of the traditional knowledge.There currently exist two systems on legal protection in the world,which are the international law and the internal law.Among them,the latter involves constitution,administrative law and the intellectual property law.The author thinks that the first step in establishing an intellectual property protection system in our country is to make certain the interests involved in the protection of the intellectual property rights of the traditional knowledge,and thus a legal method on the protection of the intellectual property rights of the traditional knowledge from all aspects can be found.Only by this way,the road to protect intellectual property rights of the traditional knowledge in our country will be widened.The idea of protecting the intellectual property rights of the traditional knowledge by establishing a public litigation system not only avoids the uncertainty in defining the main party in the intellectual property rights of the traditional knowledge,but also affectively contains the system on getting an intellectual property rights publicly.Thus,the public interest and the integrity of traditional culture of our nation could be assured.

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Available abstract

It has always been the point at issue on how to protect the intellectual property rights of the traditional knowledge.There currently exist two systems on legal protection in the world,which are the international law and the internal law.Among them,the latter involves constitution,administrative law and the intellectual property law.The author thinks that the first step in establishing an intellectual property protection system in our country is to make certain the interests involved in the protection of the intellectual property rights of the traditional knowledge,and thus a legal method on the protection of the intellectual property rights of the traditional knowledge from all aspects can be found.Only by this way,the road to protect intellectual property rights of the traditional knowledge in our country will be widened.The idea of protecting the intellectual property rights of the traditional knowledge by establishing a public litigation system not only avoids the uncertainty in defining the main party in the intellectual property rights of the traditional knowledge,but also affectively contains the system on getting an intellectual property rights publicly.Thus,the public interest and the integrity of traditional culture of our nation could be assured.

Key concepts: Intellectual property, Traditional knowledge, Law, Law and economics, Intangible property, Constitution, Business, Property law

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