Intellectual Property Protection Of Intangible Cultural Heritage

Intangible cultural heritage is a cultural achievement formed on the basis of inheritance and re-creation of traditional culture and traditional knowledge.Intangible cultural heritage is related to the spiritual level of a nation.While enjoying the convenience brought by modern culture,we need to pay more attention to the inheritance and continuation of intangible cultural heritage.At present developed countries use its funds and technical advantages of developing national intangible cultural heritage of the phenomenon is more and more serious,non-material cultural heritage in the process of commercialization by improper use or even abuse,serious harm the interests of the non-material cultural heritage home people,has violated the non-material cultural heritage is the value and significance,thus,seeking legal protection for the intangible cultural heritage is very necessary.Due to some similarities between intangible cultural heritage and intellectual property rights protection,countries began to use intellectual property rights system to protect intangible cultural heritage resources,but there are still some deficiencies in the legislative setting,which cannot effectively provide protection to intangible cultural heritage.Based on this,this paper discusses the protection of intangible cultural heritage from the perspective of intellectual property rights,hoping to better protect the precious spiritual wealth by improving the intellectual property rights legislation mechanism.The paper is divided into four parts.The first part introduces the writing of the paper by enumerating and analyzing several typical cases of intangible cultural heritage.The second part analyzes the legal attribute of intangible cultural heritage,firstly defines the concept of intangible cultural heritage,and then discusses its several characteristics,so as to understand the abstract intangible cultural heritage as a research object.This paper discusses the necessity of using intellectual property rights to protect the intangible cultural heritage by expounding the deficiencies of the current legislativemechanism,the needs of comprehensive and systematic protection of intangible cultural heritage and the balance of interests.Finally,the author analyzes the feasibility of intellectual property protection from the following aspects: the property of intellectual property,the economic value it contains,and the openness of the intellectual property system itself.The third part discusses how to use the intellectual property system to protect intangible cultural heritage,analyzes the modes of copyright protection,patent protection and trademark protection,and discusses the problems of the three modes.The fourth part,on the basis of the previous research,proposes to improve the intellectual property protection of intangible cultural heritage through the improvement of copyright protection mode,patent protection mode and trademark right protection mode.