Abstract:It is difficult to explain intellectual property protection of traditional knowledge through innovation incentive and occupatio. It is persuasive to encourage commercialization, embezzlement, unjust enrichment, spiritual rights protection. Trademark infringement and trademark dilution is only applicable to a very small number of cases. Although the traditional knowledge is different from intellectual property, it generally belongs to intellectual property rights and property. The current property right theory supports the neutral protection of traditional knowledge rather than aggressively strong protection