On The Intellectual Protection Of Folklore

With the market economy developing rapidly,the knowledge information has market share increasingly;with the concept of intellectual property rights in China being popularized,people discover that expressions of folklore play increasingly important role under market economy condition,and become the source of innovation.For example, elements were withdrawn from the dress of minority areas by Costume designer at home and abroad;elements of the song and dance of minority were discovered in the domestic and international pop music.The businessmen have being brought in plenty of money by utilizing the traditional knowledge material for free.However,people of minority areas have not been able to share the benefits.Then,mostly the developing countries think that the intelligent property right should not only protect the fruits of innovation,but also protect the source of innovation---expressions of folklore,and seek to protect expressions of folklore by private law---resolve it under the framework of the intellectual property system.Guizhou province is a multi-ethnic province,whose population amounts to 39 million,minority population over 1,480 million,approximately 37.8%of the total population.More than 10 races have lived there for generations,such as the Miao race,the Buyi race,the Shui race,the Dong race,the Tujia race.The unique expressions of folklore and the unique dress of minority have been created while those races have been producing and living.For a long time,these unique and rich expressions of folklore have made great contributions to the humanities natural,sustainable development,and the preservation of cultural diversity,for example,Nuo Opera known as " the living fossil drama" by the international theatre sphere,raijiang's anti-handling wooden drum known as " the East disco" by the musicians,and the cantata of Dong nationality without accompaniment shocked the world musicians.However,expressions of folklore and its masters have been gradually marginalized in the modernization process,and faced survival crisis.To curb this the current situation,the measures would be taken as soon as possible.I believe that the intellectual property law is the most effective measures to protect expressions of folklore.This model can not only protect the owners moral rights of expressions of folklore,but also can protect their economic rights.This paper is aimed at the theory foundation of the intellectual property protection of expressions of folklore,and comments on the legal protection status of expressions of folklore,then puts forward personal proposals on the basis of the analysis of legal relations of intellectual property protection of intellectual expressions of folklore.