Study Of The Intellectual Property Protection Of China’s Traditional Handcraft

Traditional handicraft, as the wisdom achievement created by people in the longprocess of historical development, and as an important part of ethnic traditionalculture, has prominent cultural and economic value. However, in recent years, withthe trend of globalization and modernization, many traditional handicrafts areextincting and facing the severe survival crisis because of excessive development andabuse. Traditional handicraft kept vanishing, the implication of the national spirit andthe reflection of the national personality may be lost with it. Therefore, the protectionof traditional handicraft has become a hot issue and major concern in relevantinternational organizations and governments and academic circles.In China, the legislation of traditional handcraft is scattered, and some of whichare administrative regulations and government regulations, while the civil protection,especially the intellectual property protection of traditional handcraft is vacancy.Although People’s Republic of China Intangible Cultural Heritage Law passed inFebruary2011, it only made provisions for intangible cultural heritage with theexisting provisions. In this background, I select the intellectual property protection oftraditional handicraft as the object of study.This thesis gives some simple proposalson the base of legislative abroad and Chinese reality, and hopes to promote thedevelopment of legislation and judicial practice. At the same time, to explore thistopic will help to strengthen our awareness of intangible cultural heritage, to protecttraditional culture, so as to maintain the world’s culture diversity.Firstly, the thesis discusses several basic theoretical problems about traditionalhandicraft and intellectual property protection. And then this thesis evaluates thecurrent situation and the pros and cons of the protection of traditional handicraft frominternational organizations and China and foreign countries. Finally, the thesis, basedon the above analysis, proposes some suggestions for intellectual property protectionof traditional handicraft: According to the actual situation, the most effective way isto use the existing legal resources to protect traditional handicraft. In other words, weshould use the current intellectual property system including patent, trademark,copyright and unfair competition to protect the traditional handicraft comprehensivelyat the present stage; Meanwhile we also should adjust and innovate intellectualproperty system in order to eliminate adverse factors and create a well-established legal environment for traditional handicraft protection; Until legislative techniquemature, we establish a special rights system for protecting China’s traditionalhandicraft.