Protection On Expressions Of Folklore In Intellectual Property Domain

Expressions of folklore is not only the crystallization of human wisdom, but also the symbol of national culture. Expressions of folklore is the source of modern culture and technology. Expressions of folklore is created by the certain groups or individuals in the social life and group labor. And expressions of folklore is recognized by the certain groups and individuals which reflect their feature. Expressions of folklore is the developmental intelligent creation by generation to generation., The currently legal protection for expressions of folklore is mainly by the mode of customary law, contract law, constitution and intellectual property law. However, the protection of customary law, contract law and constitution is limited. The intellectual property characteristic of expressions of folklore decide that the intellectual property system is the most appropriate mode of protecting expressions of folklore.International organizations take a positive attitude in protecting expression of folklore in recent years. The protection for expressions of folklore proves a lot by the joint effort of the World Intellectual Property Organization and UNESCO's Meanwhile, the developing countries with abundant cultural resource actively adopt a series of effective measures for protecting expression of folklore better. Contrary to the developing countries, most of the developed countries take a negative attitude although some developed countries encourage protecting expressions of folklore. And the developed countries try to assign expressions of folklore to the public domain.In order to protect and promote expressions of folklore, our country not only adopts some administrative measures and local regulations,but also tend to use the system of copyright, trademark and another intellectual property to enhance the protection for expressions of folklore. Because of the limit of currently protection of intellectual property,our country should establish a special system which consist of tenet, right holder, content of right,range of protection and institution of protection. The special system is used to protect expressions of folklore comprehensively and prompt the inheritance and development of expressions of folklore.