Research On Intellectual Property Protection Of Traditional Culture In Public Domain

Under the situation of competition internationalization and diversification,the conflict between the protection of traditional culture’s private rights and the widespread application in the public sphere is becoming more and more serious.Some developed countries take advantage of their technological and industrial advantages to develop commercial products and services on the basis of our traditional knowledge resources without paying reasonable compensation to the original holders.In order to promote the revitalization and prosperity of traditional Chinese culture industry and the inheritance and development of traditional culture,it is necessary to establish an effective legal system for industrial chain protection as soon as possible.Based on the protection of intellectual property rights in traditional culture,this paper analyses how to protect our traditional culture.Traditional culture is a broad concept,which is generally regarded as the overall representation of various ideological cultures and ideologies in national history from the perspective of connotation.In the process of inheritance and development of traditional culture,many traditional cultures have fallen into the scope of public sphere,which challenges the protection of intellectual property law of traditional culture.The research finds that the public sphere is the collective of knowledge that human beings have natural rights,and there is no one-or-one relationship between the public sphere and the protection of intellectual property rights.In order to prevent the tragedy of putting traditional culture in the cultural commons,it is necessary to protect intellectual property rights of traditional culture in the public sphere,and the revelation of property nature in the public sphere by Locke’s labor theory can prove the feasibility of intellectual property protection of traditional culture in the public sphere.The current legal protection system of intellectual property rights of traditional knowledge can not achieve the full protection of traditional knowledge.The main problems are as follows:the intellectual property protection treaties of traditional culture are imperfect at the international level,and the problem of "Eurocentrism" is unfair to the intellectual property protection of traditional culture;the concept of traditional culture in the domestic public sphere does not exist in academia at present.Unified views,and the lack of special legislation for intellectual property protection of traditional culture,the absence of a framework for the combination of public and private rights to protect traditional culture.The suggestions are as follows:firstly,to promote international legislative consensus in the public sphere and to intellectual property rights of the traditional knowledge protection in accordance with the signing of the convention.;secondly,to combine public and private rights to urge legislation on the protection of intellectual property rights of traditional culture,and to construct a system of multiple ways of legal protection of intellectual property rights of traditional knowledge;thirdly,to protect traditional culture by means of various state interventions.We should coordinate the relationship between traditional knowledge in the public domain and the legal protection of intellectual property rights by seeking institutional breakthroughs and other ways.Based on this suggestion,China should set up a platform for foundations and databases,formulate a set of national action guides,and actively utilize traditional cultural property to preempt investment strategies,and promote a theoretical,international,balanced,public-private combination of the four-in-one protection framework.