Analysis Of Cases Of Legal Protection Of The Intangible Culture Heritage

The intangible cultural heritage (ICH) is the mankinds cherish wealth accumulating of thousand a hundred years civilization, which is the main spring of our cultural diversity and its maintenance a guarantee for continuing creativity and sustainable development. Because of the extreme vulnerability of the ICH and the impact of modern civilization, the ICH faces grave threats of deterioration, disappearance and destruction. Thus, the international community and the states have paid considerable attention to the safeguarding of ICH. At the beginning of 50s last century, Japan and South Korea took the lead in protecting ICH by legislation, from then on, the international community has done many works for the protection of ICH, and promulgated some related laws and international treaties. While there is not any stipulation about protection of ICH in our intellectual property laws except the article 6 of the copyright law, viz. "regulations for the protection of copyright in expressions of folklore shall be established separately by the State Council." Under this circumstance, this paper based on analysis of famous cases, and then set out the model of legal protection of ICH.This paper includes four chapters besides the preface and conclusion. And the main contents are as follows:Chapter 1 gives a brief introduction of the basic content of the case and sets out the relevant legal issues involved in this typical case.Chapter 2 is about the content of ICH. That is the object of the ICH,the subject of the ICH and the content of the right. There are four types of object. This paper divides the subject of the rights into three classes. The content of the right is consisting of spiritual rights and economic rights.Chapter 3 analyses the model of legal protection of ICH. The protection of public law is traditional way, which has some disadvantages. The thesis intents to analyses the feasibility of the private law and discuses protection from intellectual property specifically.Chapter 4 show the advice includes behalf shared system in commercial exploitation, by the customary law, established the specialized administrative agency and make its function more perfect.