The Study On China's Folklore Intellectual Property Rights Protection

Since the 1960's, the issue intellectual property law of protection of folklore has long been concerned by the international community, especially by the developing countries. It has become a focal point these years. However as to whether and how we should protect folklore by intellectual property law, there is still a great problem to the international community. International organizations such as World Intellectual Property Organization have made great effort to that end, and attempt to put forward a preliminary plan which is widely accepted to protect the intellectual property of folklore in each country and the world. As a developing country which is rich in folklore, China should provide an effective legal protection, which is of vital importance not only to the nation's benefits but also to the development of the folklore itself and the moral and economic interest of its original group.The definition and characteristics of the folklore is comparatively and unanimously approved. At the same time, the characteristic of its high-speed dying out must be concerned when we make laws. In that case, it is very necessary to protect the intellectual property of the folklore . Since the folklore is an intangible creative work and has its specific characteristics, the way of its legal protection will affect the result of its protection by the intellectual property system. To sets up one new right outside the folk intellectual property rights have the feasibility, in this rationale with the pattern to protect folklore intellectual property rights, Special Law. Under the pattern of Special Law, the traditional culture power subject of object, the right of object, the protection deadline, the right limit and the exception, the right exercise and so on all to have its own characteristic and the request. To constitutes the right of object scope and the standard law supposes not suitably limits many too; the subject of object is mainly in certain region "community", this community's reorganization must link to the reality with the division, carries on and sets up differentiates carefully ,it may act according to the different single item the folk literary dissemination scope to decide; about the right protection deadline, opposed domestic thinks generally should the unlimited time protection viewpoint, but thought must set up the deadline, the unlimited time protection does not favor folk literary the development use.