Study On Safeguarding Of Intangible Cultural Heritage By Intellectual Property Law

In the era of global economic integration, countries are all do their best todevelop their economic, But on the same time , our outstanding cultural heritage ofmankind is also damaged seriously. A large number of the intangible cultural heritagewhich passed by oral granted, from generation to generation. In order to maintain thediversity of human culture, all countries have reached a consensus of protection theintangible cultural heritage .but in what legal means, and whether apply intellectualproperty law means for their protection is still in dispute. The author believes that it isfeasible and necessary to apply the IP law to protect the intangible culture heritagebefore the born of the specialized intangible cultural heritage protection law.This paper is divided into five sections, contain the introduction and conclusion,trying to research how to protect intangible culture heritage under the mode of theintellectual property law.The Introduction of the topics have introduced the background and meaningtopics. The acceleration of economic globalization, have creat a huge impact tointangible cultural heritage. a large number of intangible cultural heritages in dangerof extinction risk, in order to maintain the diversity of world culture, UNESCO andthe countries in the world are beginning to realize that it is very important and urgent to protect the intangible cultural heritage ,but on what legal model for their protectionhas not reached a consensus.Chapter I introduced the concept of intangible cultural heritage and theprotection of the status quo at home and abroad. At first, introduced the birth processof the concept according to "Convention on the protection of intangible culturalheritage" adopted by the UNESCO. Then, to domestic and foreign in some countriesas an example, the intangible cultural heritage protection of the status quo to do asimple, through the understanding of the status quo, to highlight the protection ofintangible cultural heritage of urgency, and how to resolve it effective .Chapter II demonstrated the reasonability of the intellectual property law toprotect the intangible culture heritage from the theoretical and practical level. First ofall, research the main body and objection of the protection of intangible culturalheritage. And found that as same as intellectual property law's main body andobjections. Then solve the intangible cultural heritage of intellectual property rightsissues in theory. By introducing domestic and foreign legislation and judicial practice,practice, prove to the protection of intellectual property rights model non-materialcultural heritage, not only has a theoretical possibility, but also with the practice of theoperation.Chapter III analyzed the existing protection pattern of intellectual property lawof intangible cultural heritage protection and problems. Apply the specific copyrightand neighboring rights, patents, trademarks, geographical indications and protectionof commercial secrets and intellectual property protection models to protect theintangible cultural heritage.The conclusions conclude the whole paper, Clear the author's view once again.Under the existing legal mode, apply the intellectual property law to protect intangiblecultural heritage is reasonable and necessary. And at the same time, the author got hissuggestions to amend it.