Analysis On The Legal Relationship Of Protecting Folkloric Intellectual Property

With economic globalization and rapid development of the market economy, folklore's contribution to the economy is increasing dramatically,Meanwhile,legal protection of folklore has attracted more and more attention.Except for the introduction and conclusion,the paper is divided into five chapters. Chapter I is"introduction of the background",First of all,it introduces the case of copyright disputes about"Riverboat ussuri",which shows the absence of China's current intellectual property law in protecting folklore.The protection of folklore by the"Copyright Law"dose not nail down,which leads to folklore facing with the danger that outside groups have been using folklore arbitrarily.Some even are close to die out because of lacking effective protection.Then it puts forward the reasons that folklore needs the legal protection of intellectual property rights.Chapterâ…¡is"object of the right protected by intellectual property of folklore". Folklore have been defined by comparing the international definition of folklore,and by comparing folklore with several related terms in this chapter.It discussed the extension of folklore,and further defined the protected scope of folklore.Finally it analyzed the characteristics of folklore.Chapterâ…¢is"subject of the right protected by intellectual property of folklore", the reasons that countries and individuas are not fit for subject of the right have been analysed.It probes why groups suit subjects of the right from points of view such as right ownership,maximum interests,Nomology and Civil Law.And then it advances the principles of groups being as subjects of right.Chapterâ…£is"the right content of intellectual property protection of folklore."It sets forth the moral rights and property rights that subject of the right owned,the right term of protection of folklore and the legal status of other related subjects.Chapterâ…¤is"the establishment of the protection system of folklore in our country."It analyzes the protection system established in the current intellectual property rights system,and the establishment of special protection system.