土著人传统资源的知识产权保护

西方大公司在全球范围内搜寻包括生物资源与文化资源,并在此基础上取得以专利权为核心的知识产权,以此向发展中国家输出其商业化产品。但为专利权取得提供物质基础的土著人并没能从“合法”知识产权制度下分享其应得的收益,反而其文化发展权也遭受妨碍。这是知识产权制度利益不平衡在国际层面上的体现,也体现为土著人文化发展权与西方大公司的知识产权的冲突。在借鉴印度、墨西哥的保护传统文化与资源的经验基础上,以完善我国的传统资源的保护制度,协调文化发展权与知识产权的冲突。

Protection upon Intellectual Property of Aborigines' Traditional Resources

Based on the search for the biological and cultural resources around the world, the Western grand corporations acquire the intellectual property with the patent rights as its core, and export their commercial products to the developing countries. However, the aborigines who provided the acquire of patent right with substantial basis couldn't share in the benefit they should get under the system of legal intellectual property, instead their right of cultural development has met with hedge. This is the imbalance of benefit of intellectual property right system embodied on the international layer, and also embodied as the conflict between the aborigines' right of cultural development and the intellectual property of western grand corporations. Based on the experiences of protection upon traditional culture and resources borrowed from India and Mexico, the article suggests that the protection system of traditional resources in our China should be consummated, and the conflict between the right of cultural development and intellectual property should be corresponded.