On The Legal Protection Of The Expressions Of Folklore In Our Country

For a long time,under the influence of intellectual property about"encouraging creative and protecting creative", people pay more attention to the law of the patent. But with the coming of intellectual economic era, and the development of cultural multiple, people are aware of the influence of traditional knowledge.As cultural power nation with 5,000-year history, China has rich cultural resources of the dazzling quality. As one of the important part in it, for a long time, because the legal system is not perfect, expressions of folklore faced tough issues of legal protection. Distortion and abuse to the expressions of folklore not only damaged the original colony's property interests but also hurt their national dignity, at the same time , the huge loss of the traditional culture resources makes the the world's cultural diversity be destroyed. If such a violation to expressions of folklore did not stop, we will unknowingly lost our precious cultural heritage of the Chinese nation.Throughout various countries'legislation to the expressions of folklore , there are several different legislative models. The majority of countries have adopted the copyright protection mode, and a small number of countries have adopted comprehensive protection model, and most of the developed countries carried out public domain payment system. But with all the in-depth research, a growing number of scholars believe that the protection of expressions of folklore of the most appropriate way is to adopt a special law protected mode.《Model clause》has clearly reflected this trend. I thought that no matter from the particularity of expressions of folklore or the legal protection's insufficiency, we should use one kind of relatively independent right, and take special way to its protection which is different with copyright.Firstly, although between expressions of folklore and the tradition intellectual property rights object, there are certain compatibility, but its difference is also very obvious. The expressions of folklore have the characteristic of colony, localization, changeability and variability and so on. This kind of characteristic has decided the unreconcilability in the system idea between expressions of folklore and the tradition intellectual property rights .If we copy copyright's related system, not only will cause system's theory to be chaotic, in fact , will also provide the effective legal protection to expressions of folklore with difficulty.Secondly, looking from our existing law system, until now ,there are not remarkable progress on. the legislative protection of expressions of folklore. Although places such as Yunnan, Guizhou have constituted the local statute of national and traditional culture protection one after another, but these local statutes and regulations'legal effect level is somewhat low, lacks the unity and the authority, affects the law enforcement effect. The academic circle already generally realized the importance of expressions of folklore, and advocated to respect original colony's right.Through based on the big circumstances of the international legislation and the great background of China's reality, analyzing the problems that country faced in protecting expressions of folklore, and the special value and institutional ideology, In contrast with kinds of protected mode, we draw such conclusion, we should use comprehensive legal framework to the expressions of folklore that take special legislation as the core which different with copyright protection.