Intangible Cultural Heritage Protection Of Intellectual Property Research

The non-material cultural heritage is our country history culture living fossil, and our country nationality infinite wisdom crystallization and rich creativity manifesting. "Can not forget the history of their own", relating to the intangible cultural heritage of a nation's cultural and spiritual heritage, than in terms of tangible heritage, such as the hands of sand, which no matter how efforts can not keep, if slightly carelessly, that brought us the pain of irreversible. Therefore, protect, and make good use of China's intangible cultural heritage, that has a major role immeasurable for the national spirit of cohesion and continuity and for achieving the great rejuvenation of the Chinese nation. At the same time, the non-material cultural heritage is the world culture inheritance important constituent, the legislation protects the non-material cultural heritage to have the vital significance. However, at present, our country legislates to the non-material cultural heritage protection is incomplete, that cannot effectively carry on the protection to it. But the non-material cultural heritage protection mechanism and the intellectual property rights system has certain degree the compatibility, that may through both coordination and the interaction realization to the non-material cultural heritage intellectual property rights protection, and thus promotes our country non-material cultural heritage inheritance and the innovation. Based on this, this article has carried on the discussion from the intellectual property rights system frame to the non-material cultural heritage protection question, with a view to the protection of intangible cultural heritage be useful in order to better protect China's rich intangible cultural heritage.This article is divided into four parts. The first part has studied the basic theory of the protection of intangible cultural heritage, mainly defined the definition of intangible cultural heritage, traditional knowledge and the definition of their differences, as well as the definition of non-material cultural heritage of the advantages and characteristics of the intangible cultural heritage, the protection of intangible cultural heritage of the purpose and the system of choice; The second part discussed the non-material cultural heritage intellectual property rights protection the subject and the object. The part of subject is divided two aspects to discuss, one kind is the clearly subject, and the other kind is the unclear subject. the object part has been clear about the non-material cultural heritage scope, and through analyzes the non-material cultural heritage intellectual property rights protection the object condition and the characteristic, obtains may receive the intellectual property rights system protection the non-material cultural heritage scope; The third part through the analysis of existing intellectual property system on the protection of intangible cultural heritage, emphatically from patent system, trademark rights and geography indications system, the copyright system as well as the trade secrets system four aspects analyze the existing intellectual property rights system to the non-material cultural heritage protection insufficiency; Fourth part in the previous text analysis foundation, has discussed through perfecting patent system, trademark and geography indications system, the copyright system as well as the business secret system and so on to perfect the intellectual property rights in order to protect the non-material cultural heritage, in the view of achieving a better more perfect protection and inherits the non-material cultural heritage the goal.