Analysis on the Jurisprudencial Legitimacy of Traditional Knowledge Protection——From the Perspective of Collective Human Rights and Rawls’s Theory of Justice

Traditional Knowledge(TK)was invented and used by Indigenous People in a long history.The legitimacy of protection of TK is based on natural jurisprudence inseparable from morality.From the perspective of the theory of human rights,by strengthening the protection of TK,it is useful to promote overall development of Indigenous People's economy,health and lives.Moreover,it is useful to accomplish the human rights of Indigenous People.Meanwhile,Rawls's Theory of Justice tells us that,by strengthening the protection of TK besides conservation and development of TK,together with accomplishment of Access and Benefit Sharing(Differential Principle in international IP system),Formal Justice can be changed into Substantial Justice.