Research Of The Intellectual Property Protection Of The Traditional Craft

The topic of this thesis is"Intellectual Property Protection of the Traditional Craft", and it begins with the basic theory of protection of the traditional craft. In the section one basic meaning of the traditional craft is introduced and elaborate explanation of the difference and connection of the related notions are given. At present, people often mix up traditional craft with non-material cultural heritage, traditional resources, traditional arts and handicrafts etc. Through analysis of this thesis we can see that traditional craft is part of non-material cultural heritage; traditional resources is a rather general concept, but strictly speaking, it also includes the traditional craft; but traditional arts and handicrafts is a branch of traditional craft, and it emphasizes the arts. Compared with the current technology, traditional craft has its own unique attribute-coexisting of groupment and individuality of the subject, complex, hereditary and regional class of the object. In the section two through the special attribute analysis of the traditional craft, foundation is laid for the legislation explore of the intellectual property of traditional craft.In the chapter two, premise analysis of the intellectual property protection of the traditional craft is made. Protection object and beneficiary should be cleared before trying to protect the traditional craft and legitimate interest of the oblige using intellectual property. Main categories of the traditional craft are introduced in this thesis; analysis is made about the inheritance people-protection subject of the traditional craft and the method and necessity to recognize the successor is elaborated. According to this thesis, successor of the traditional craft can be individual, reference group and also can be a country in particular cases.Chapter three introduces the international advanced experience and related legislation of the traditional craft protection which will be very important enlightenment and lessons for us. Chapter four shows status of the traditional craft in our country and the protection from the present legislation. In fact, the existing legislation in the protection of the traditional craft is very weak, only some of instructive articles can be used. Moreover, degree of most the traditional craft protection legislation is too low and cannot function a lot.The last chapter is the key part. Feasibility analysis is made about using the existing intellectual property system to protect the traditional craft. Traditional craft belongs to technical scheme, similar to patent of invention of the intellectual property. But according to the stipulation of the conditions of application for the patent in our"Patent Law", if we try to protect the traditional craft through application for talent, there will be a series of obstacles– novelty obstacle, creativity obstacle and practicability obstacle. In order to protect our traditional craft, it is proposed to formulate a special legislation tailor-made for the traditional craft. As for the specific protection regulations there are two suggestions to be given: the first one is to establish the internal representative organization in the group from which the traditional craft comes, which can reflect all the crew members'willingness and can also on behalf of the group to deal with the legal issues. Second, if the traditional craft is possessed by individual, trust model will be recommended which is similar to the collective management of the copy right. Trust model management scientifically separate the ownership and the management right–right holder possesses the ownership and the trust organization in charge the management, which can effectively protect and develop the traditional craft.