On Intellectual Property Protection Model And Rule Conflict Of Intangible Cultural Heritage

The intangible cultural heritage is one of the significant cultural and economicresources,which serves as a part of the spirite in the scope of the intellectual aspects.Moreover, great achievement of inheritance,creativity and accumulation has been made bythe intangible cultural heritage in terms of the tranditional culture and knowledge ofnationalities worldwide. It represents the cultural diversity and the source of creativity as wellas assurance of sustainable development. As a result, it is meaningful and realistic topromote legal protection for the the intangible cultural heritage.The charcteristic between intangible cultural heritage and the objects protected by theintellectual property law varies greatly. Therefore, different voices can be often heard onwhather the intangible cultural heritage shall be protected by the intellectual property law.However, the Law of the People’s Republic of China on Intangible Cultural Heritageenforced from July2011clearly specifies that “If the use of intangible cultural heritageinvolves intellectual property right, the provisions of the relevant laws and administrativeregulations shall apply.” The paper follows systematically by means of research, explain,contrast, argumentation etc. in order to study and discuss on whather the intangible culturalheritage can be protected by the model of intellectual property.First of all, the concept of intangible cultural heritage etc, will be defined here,andsituation of legislation on intangible cultural heritage will be analyzed to demonstrate theurgency of protecting the intangible cultural heritage.Second, in theory,legitimacy and feasibility on protecting the intangible cultural heritageby intellectual property law will be demonstrated here by means of human right, incentivemechanism etc.Third, the model of intellectual property such as copyright, trademark, patent，tradesecret will be studied according to some cases concerned. Furthermore, the rule conflictsbetween intangible cultural heritage and the current intellectual property law will be analyzedin the paper.Finally, the part played by intellectual property on intangible cultural heritage will beillustrated through some theories and practices worldwide, and the creativity on the scheme ofthe protection of intangible cultural heritage will be also adressed in the paper.