Discussion On The Intellectual Property Law Protection Of Folklore

Folklore is the source of innovation of modern knowledge in modern society. As an important part of traditional culture, the value of folklore is discovered constantly. The exploitation and use of folklore is more and more frequent. As the same as intellectual property being protected by modern intellectual property law, folklore becomes one kind of important intellectual property. The results of the exploitation and use of folklore are intellectual property too. Therefore, the protection of folklore by use of intellectual property law is meaningful whether for country,ethnic group, or for the source group of folklore. Intellectual property law has an irreplaceable role in the protection of folklore. Establishing the protection of folklore by the special law can avoid conflict between the special law and intellectual property law and protect it by making use of existing rules in intellectual property law. However, the protection of folklore involves political, economic and cultural policy of a country. Therefore, we should consider the specific conditions in the design of the legal protection of folklore. As to our country, on the one hand, we should actively promote the establishment of rules of international protection, especially into the TRIPS framework, on the other hand, establish the intellectual property protection of folklore in domestic regime. Before the establishment of the special law, the existing intellectual property rules should be fully studied and used to protect folklore. When the time is ripe, we should clarify the rights of the subject of folklore, rights and obligations between source group and other people through the establishment of the special law to promote the heritage and development of folklore.In the first part, we define folklore by use of folklore prototype and the expression of folklore. As intangible information, folklore prototype is expressed by the expression of folklore. The expression of folklore are results of conscious or unconscious heritage of folklore prototype by group individuals inside and outside the daily life.In the second part, the demonstration of necessity and rationality of folklore prototype of intellectual property protection is a topic that must be addressed. The author tries to prove it from the perspective of both philosophy and economics.In the third part, the protection of the folklore of intellectual property law has not only theoretical basis but also practical basis. In the fourth part, it is useful to protect folklore by use of the current existing intellectual property law. But the role is limited and base on adjusting the rules of existing intellectual property law.In the fifth part, the establishment of the protection of folklore by the special law system can effectively protect it and the difficulties can be overcomed through system designing. The establishment of special protection mode of folklore is our inevitable choice.