論傳統知識之保護

On the Protection of Traditional Knowledge

10.29851/LTFELR.201009.0006

黃承啟

嶺東財經法學

3期（2010 / 09 / 01）

133 - 159

繁體中文

專門針對遺傳資源與傳統知識並賦予其積極權利的法律保護框架尚難以建立，在這樣的背景下，有必要通過現有智慧財產權體制尤其是專利制度先為遺傳資源與傳統知識提供初步的防衛性保護以防止對它們的盜用，已有的一些案例帶來的爭議也表明了這種必要性目前已有一些國家對專利制度的相關調整進行了初步嘗試，但仍有許多遺留問題有待解決，針對其中一些問題已有嘗試性的解決模式被提出。

As intellectual property continues to expand its domain, proposals exist to extend its reach to the artifacts of traditional knowledge, songs, tribal art work, medicines, know-how that are part of what is sometimes referred to as traditional and sometimes referred to as indigenous knowledge. The World Intellectual Property Organization published in 2001 a substantive study, based on years of extensive research, focused on the intellectual property needs of traditional groups in various countries. The goal of this study, and the more general expansion of intellectual property law to cover such varied artifacts from basmati to uses of neem, is in most cases to preserve certain cultural artifacts and protect them from marketing by industry in the developed world. In other cases, the goal is to promote marketing by traditional groups of their artifacts This paper has explored the strategic uses of intellectual property and has made the case for the traditional terms of the traditional knowledge debate. Future research will build on these ideas to develop intellectual property's strategic role and the myriad issues raised by traditional knowledge.