The Corner And The Breakthrough Of The Protection Of Intangible Cultural Heritage Under The Intellectual Property Rights System

Intangible cultural heritage, which does UNESCO define,is the traditional cultural expressions and cultural space which passed down from generations to generations by the nations and closely-related to people's life. Intangible cultural heritage, which is the animatedly cultural gene and life accumulation of a nation, bears the weight of human society's civilization in company with tangible cultural heritage, embodies the wisdom and spirit of one nation, maintains the diversity of world culture. As an ancient civilized country, China is rich in intangible cultural heritage. It contains the unique Spiritual values , mode of thought and cultural consciousness, which is the basis for us to achieve cultural identity and the nexus of the nation emotions. Intensifying the protection of intangible cultural heritage is not only the demand of countries and national development but also the inevitable demand of the amicable international intercourse and the sustainable development of human society.There have been some researches which discuss the necessity and the measures of the protection of intangible cultural heritage under the intellectual property rights system,while there have little research which ponder over the barriers in the course of the protection of intangible cultural heritage under the intellectual property rights system. Intangible cultural heritage and intellectual property system is compatible in object properties and protection needs,but intangible cultural heritage is uncoordinated with the present intellectual property rights system. Its reason lies in the conflicts of benefit,the legal system and values.The conflict of benefit-sharing plays a decisive role in it.At present the study of the benefit-sharing of genetic resources is relatively mature,and the study of benefit-sharing of the intangible cultural heritage between the owners and developers has just begun .Learn from the experience of genetic resources,the thesis trys to analyze the structure of benefit,the principle of benefit-sharing and the mechanism of benefit-sharingt, and then put forward some design.