Protection Of Intellectual Property Rights On Cultural Diversity

UNESCO General Conference adopted the "Convention on Protection and Promotion of the Diversity of Cultural Expressions ", which is urging "cultural diversity" of the Convention by the organization's support of the overwhelming majority of Member States, China, as one of the Member States is no exception. As biological diversity, Cultural diversity is making the guarantee of human sustainable development. Culture is abstract. To protect the culture, we should, through national and even world culture to be translated into concrete legislation. Use of the intellectual property system is necessary to protect cultural diversity, for the protection of cultural diversity, it provides a mechanism to receive some respect and recognition, contribute to the preservation of cultural diversity and promoting cultural diversity and the use of innovation function. As the United Nations Member States, China's development strategy in the planning of intellectual property rights in the process should incorporate cultural diversity into account the protection of intellectual property rights, so as to improve the building of China's intellectual property rights system.The first part is on cultural diversity, cultural diversity was first proposed by France and the past, and has been recognized in most countries. Finally, in 2005 the "protection and promotion of the diversity of cultural expressions Convention on the" determine the meaning of cultural diversity. Cultural diversity is the diversity of cultural expressions, including verbal expressions, the performance of music forms and manifestations of action, and so on. The characteristics of traditional culture itself is the cause of cultural diversity, their groups, regional, heritage and so eventually produced a wide variety of traditional cultural expressions .In addition, the protection of foreign cultural diversity of practice to help China set up its own protective mechanisms.The second part on the need for protection of cultural diversity, this is the protection of traditional forms of cultural expression reasons .Cultural diversity is a basic human characteristics, a personal and social wealth, the protection of cultural diversity is the protection of human rights protection, promotion and maintenance of cultural diversity of contemporary people and their future generations a sustainable development Basic requirements .Balance the interests of intellectual property rights mechanisms can handle cultural heritage and the creation of a balance of interests of the public, cultural heritage and the players, disseminators of a balance of interests, and cultural and other sources to balance the interests of the region. The incentive mechanism of intellectual property rights can play in the protection of cultural diversity within the scope of the effectiveness of the largest.The third part focuses on the current intellectual property system to protect cultural diversity, the advantages and disadvantages .However, because of the limitations of the intellectual property system itself in the protection of cultural diversity in the process there are still many issues to be resolved. Intellectual property system to protect cultural diversity is not only the sovereignty of that culture, heritage and Sustainability, but also stressed that the protection of their economic benefits.The fourth part is mainly on how to create the cultural diversity of China's IPR protection system and the establishment of a system of what the exposition .As the limitations and negative role of a defensive protection, adopt a proactive way of protecting on Authorized theory become the best way at this stage. To achieve positive protection, we must establish a modern intellectual property system independent of the outside of the protection mechanisms, Sui generis protection mechanism, in order to play great economic benefits of cultural diversity. Through to improve the existing intellectual property system in the copyright system, the franchise system, the trademarks system, these systems can protect different types of traditional culture and the protection of cultural diversity. Sui generis protection mechanism protect the traditional culture which existing intellectual property system can not protect. Different from the traditional culture of openness to different needs protection, in accordance with traditional culture to the extent of publicly divided into three levels, namely, the traditional culture has not been made public, the traditional culture have been made but they have not been known to the public, the traditional culture has been known to the public. Sui generis protection mechanism should be established procedures in the PIC system, the registration system and database on traditional culture and standards of protection. In PIC procedure established to protect the traditional culture at the same time we should pay attention to the commercial use of traditional culture and academic use of the difference in the procedure, in order to promote the traditional culture of research and development. The purpose of the protection of traditional culture is to prevent the improper possession of traditional culture, in order to promote the development of cultural diversity. When traditional culture has been violated, it should be the appropriate remedy. In the Legislative Council, it should be given the traditional culture holders absolute right of claim, such as to stop encroachment, to remove the obstacles, obstructing the prevention, the abolition of infringing products, and Damages, the right of claim of restitution of unjust enrichment, protect traditional communities on the normal use of traditional culture. These traditional culture of the relief right of claim can be advocated by Traditional communities themselves, but also can be specially set up collective management organizations took the exercise. This series of traditional culture protection system, emphasized the personal interests and the interests of the community balance, and promote the formation of cultural diversity.