Bảo hộ tri thức truyền thống trong pháp luật Việt Nam: Thực trạng và định hướng hoàn thiện

Tóm tắt

This article examines the current legal framework governing the protection of traditional knowledge (TK) in Vietnam within the broader context of globalization. The analysis highlights three central issues: (1) the absence of a unifi ed and comprehensive legal framework for TK, as existing regulations remain fragmented and lack systematization; (2) traditional intellectual property tools—such as collective marks, certifi cation marks, and geographical indications—primarily protect products associated with TK rather than the knowledge itself; and (3) the lack of a legally established access and benefi t-sharing (ABS) mechanism at the national level. To address these shortcomings, the article proposes developing a specialized legal framework for TK that recognizes community legal status, establishes a formal system for TK registration and documentation, and implements an equitable benefi t-sharing mechanism to protect community rights and support the preservation and creative transmission of traditional knowledge.