BẢO HỘ SÁNG CHẾ CÓ NGUỒN GỐC TỪ TRI THỨC TRUYỀN THỐNG TẠI VIỆT NAM: THÁCH THỨC PHÁP LÝ VÀ VẤN ĐỀ CHIA SẺ LỢI ÍCH CỘNG ĐỒNG

Abstract

Traditional knowledge plays a vital role in the economic and cultural life of nations today. Therefore, the protection of intellectual property rights for traditional knowledge through patents serves as a crucial legal mechanism to safeguard indigenous communities' intellectual property and prevent unauthorized exploitation. However, the uniqueness of traditional knowledge and the problem of weighing community interests for inventions originating from this source of knowledge present significant legal challenges to this protection. This article examines the legal situation and evaluates the difficulties in preserving inventions that come from traditional knowledge while taking into account the interests of the community. Based on this, it suggests ways to protect inventions that come from traditional knowledge in Vietnam while also balancing the interests of indigenous communities.