Agricultural Intangible Cultural Heritage(AICH)embodies collective,intergenerational knowledge sys⁃tems that are increasingly exposed to risks of misappropriation and inequitable commercialization under contemporary i...Agricultural Intangible Cultural Heritage(AICH)embodies collective,intergenerational knowledge sys⁃tems that are increasingly exposed to risks of misappropriation and inequitable commercialization under contemporary intellectual property(IP)regimes.This study investigates the"cost of inaction"in protecting AICH and geographical origins through a qualitative comparative case study approach,drawing on selected cases from Africa,Asia,and Latin America,alongside Chinese practices.By combining narrative analysis and thematic synthesis,the study identi⁃fies two dominant patterns:external misappropriation driven by institutional gaps-manifested in biopiracy,trademark squatting,and exploitation of information asymmetry-and internal inequities arising from commercialization processes that marginalize indigenous communities in benefit-sharing.The findings reveal that existing international IP frame⁃works,including TRIPs and the CBD,provide fragmented and insufficient protection for collective knowledge sys⁃tems.Comparative analysis of national responses highlights three distinct governance models:defensive protection(In⁃dia),rights-based sui generis legislation(Peru),and market-oriented geographical indication systems(European Union),each with inherent limitations.In contrast,Chinese practices demonstrate strong capacity in market integra⁃tion and industrial upgrading but remain constrained by weak recognition of community rights and limited institutional⁃ization of benefit-sharing mechanisms.This study contributes to the literature by proposing a composite institutional framework that integrates existing IP regimes with a sui generis system centered on collective rights recognition,prior informed consent,and mandatory benefit-sharing.The framework also emphasizes the need for embedded integration with patent,trademark,and geographical indication systems,as well as institutional adaptation in the context of the digital economy.The findings offer theoretical insights and policy implications for developing countries seeking to bal⁃ance cultural preservation,economic development,and equitable governance of traditional knowledge.展开更多
文摘Agricultural Intangible Cultural Heritage(AICH)embodies collective,intergenerational knowledge sys⁃tems that are increasingly exposed to risks of misappropriation and inequitable commercialization under contemporary intellectual property(IP)regimes.This study investigates the"cost of inaction"in protecting AICH and geographical origins through a qualitative comparative case study approach,drawing on selected cases from Africa,Asia,and Latin America,alongside Chinese practices.By combining narrative analysis and thematic synthesis,the study identi⁃fies two dominant patterns:external misappropriation driven by institutional gaps-manifested in biopiracy,trademark squatting,and exploitation of information asymmetry-and internal inequities arising from commercialization processes that marginalize indigenous communities in benefit-sharing.The findings reveal that existing international IP frame⁃works,including TRIPs and the CBD,provide fragmented and insufficient protection for collective knowledge sys⁃tems.Comparative analysis of national responses highlights three distinct governance models:defensive protection(In⁃dia),rights-based sui generis legislation(Peru),and market-oriented geographical indication systems(European Union),each with inherent limitations.In contrast,Chinese practices demonstrate strong capacity in market integra⁃tion and industrial upgrading but remain constrained by weak recognition of community rights and limited institutional⁃ization of benefit-sharing mechanisms.This study contributes to the literature by proposing a composite institutional framework that integrates existing IP regimes with a sui generis system centered on collective rights recognition,prior informed consent,and mandatory benefit-sharing.The framework also emphasizes the need for embedded integration with patent,trademark,and geographical indication systems,as well as institutional adaptation in the context of the digital economy.The findings offer theoretical insights and policy implications for developing countries seeking to bal⁃ance cultural preservation,economic development,and equitable governance of traditional knowledge.
