当前,国际社会就是否保护传统知识并无异议,但就如何保护,却有分歧:发展中国家认为应在多边协商的环境下建立一个各国普遍遵守的国际公约,发达国家则认为应在双边或者是有限的多边环境下,自行协商签约,制定各自满意的保护规则。本文认为鉴于传统知识的特点应将其纳入TRIPS框架内,并创设一套符合其特点的特殊法律保护机制,而面对当前国际形势,发展中国家只有合理应对,才能早有进展。 At present, there is no objection on the part of the international community about whether or not to protect traditional knowledge. However, there are disagreements on how to protect it: developing countries think that an international convention universally adhered to should be established in an environment of multilateral consultation, while developed countries think bilateral and Under the limited multilateral environment, it is necessary to negotiate contracts and formulate protection rules of their own accord. This paper argues that given the characteristics of traditional knowledge, it should be included in the framework of TRIPS and create a set of special legal protection mechanism which is in accordance with its characteristics. However, in the face of the current international situation, developing countries can make progress only if they respond rationally.