Research On Intellectual Property Protection On Folklore

China is a multinational country with a vast expanse and rich in resources of folklore. In the 21st century, there is more and more dispute about folklore, and the resources of folklore are looted around the world. Therefore, to discuss the intellectual property protection on folklore in our country is necessary and meanwhile it is also a world-wide topic. Scholars of this field never stop discussing this topic, but there is still no institution which can protect folklore efficiently.The paper states the dispute and research achievement of the intellectual property protection on folklore at home and abroad. Meanwhile it expounds the protection on folklore which is provided by the existing legal system and analyses the main stakeholders of folklore, on which I suggest that our country should institute a protection system of folklore.There are three parts in this paper. The first chapter analyzes the concept and characteristics of folklore, which is the theoretical basis. The second chapter is divided into two parts, the first section of the first part discusses the protection on folklore from the view of some representative countries of developing and developed countries, meanwhile the second section analyzes and comments the international treaties regarding the protection on folklore. The second part discusses the shortcomings of the protection on folklore in the system of existing legal system from the view of public law, the intangible cultural heritage protection system, the copyright law system, trade-mark legal system,the patent law system and the commercial secrets system. The third chapter suggests that our country should construct an institution of protection on folklore and it puts forward the idea of the rights of use, the time of protection on folklore, the protection of derivative works on folklore and so on. The protection on folklore does not only represent the interest of a nation, a region or even a whole country, but also involve the interest of creators, inheritance people and the public people. So in this situation, to discuss the intellectual property protection on folklore has profound significance. In order to straighten out the complex relationship of interests on folklore, the paper provides a suggestion to construct a institution of protection on folklore. In the end, I make a summery.The intellectual property protection on folklore does not only have a close relationship with the interest of a country and a nation, but also effect the development of folklore. In this severe situation, to discuss how to construct an institution of protection on folklore has profound significance.