Study On Intellectual Property Protection Of Intangible Cultural Heritage

Under the economics'globalization and with the modernization of social life, the traditional nation culture faces violent impact now; specially the intangible cultural heritage is in the quick variation or perishes. The intangible cultural heritage is the Mankind's cherish wealth accumulating of thousand a hundred years civilization. we affirm mankind science and technology progress, while we also need to pay attention to the existence of the intangible cultural heritage and its going on.Currently, the intangible cultural heritage gets gradually commercial applied, but with its age long age, most of it had already been took into public, however it is hard to get enough intelligent property right protection. It unfair in natural law if we didn't admit those intangible cultural heritages, then it will bring bad impact on development of culture. Under this circumstance, this paper introduced the concept and the object of protection from the angel of the law protection and analyzed reasonable of intellectual property protection. On that basis, it paid much emphasis on discussing how to protect the intellectual property rights of the intangible cultural heritage and how to perfect the system. Hopefully, this paper can contribute some useful suggestions to protection of the intangible cultural heritage and development of intellectual property. Besides introduction and epilogue,this paper consists of four parts.The first part commences from the concept of intangible cultural inheritance, and defines of the intangible cultural inheritance. Then get the definition is that intangible cultural heritage have passed from generation to generation in the particular community and it is the result of brain's activity of culture and social characteristic. At mean time this paper introduces and analyses origin of intangible cultural heritage, the basic character and the relationship between the civilian literature and tradition knowledge. etc. related concept.The second part arguments the justice of protection on intangible cultural heritage and clarified the protective purpose of the intangible cultural heritage, including five aspects such as keeping inheritance, then analyses the intangible protective necessity and possibility of the intelligent property right of the cultural inheritance by combination the characteristic of intangible cultural heritage and intelligent property right development.The third part discusses how to protect the intangible cultural heritage under current intelligent property right system and points out the literature right protection mode, the trademark protection mode, patent right protection mode, and business secret protection mode and then analyses the shortage of those modes hereinbefore respectively.The fourth part show the advice including specialized protection system of the intelligent property right protection, behalf shared system in commercial exploitation. Its aim is to protect, hold, develop the intangible cultural inheritance reasonably, availably.