On the legal construction of traditional knowledge rights——From the perspective of dual value pursuit of cultural diversity
With the deepening understanding of the social value of traditional knowledge in academia and reflections on the defects of protection of public law,discussions on the construction of traditional knowledge right as a new type of rights are gradually increasing.The legislation is not only concerned about the realization of human rights of holders and the distribution of benefits based on subsequent utilization,but also aims at promoting the overall cultural prosperity of society.Therefore,in order to respond to the requirements of sovereignty and human rights,the traditional knowledge right should be analyzed on the premise of maintaining the cultural diversity.The construction of this specific legal system is supposed to follow the nature of traditional knowledge right as a limited private rights,while it strives to achieve the pursuit of cultural security and social development by subject typification and the legal capacity focusing on feedback,as well as appropriate restrictions.
cultural diversitytraditional knowledgesovereigntyhuman rights
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