A Study On The Protection Of Intellectual Property Rights Of The Inheritors Of Intangible Cultural Heritage Of Minority Nationalities

As a carrier of intangible cultural heritage of ethnic, inheritor of intangible cultural heritage of ethnic is the core of the inheritance of intangible cultural heritage of ethnic and also critical to protect intangible cultural heritage of ethnic. Due to the lack of modern legislation, definition and protection of inheritance right is still blank. However, along with the rapid development of economy, disputes over inheritor’s right are arising during inheritance activities, by which the inheritors are hamstrung and are afraid to inheritance or negligent in inheriting. Therefore, it is of great significance to defining inheritor’s legal status and rights, as well as protecting the rights of inheritance by using the law. By summarizing the existing literature, we found that the research about inheritor of intangible cultural heritage of ethnic are mainly concentrated in intellectual property rights while right of project inherited by inheritor is less studied. To protect the rights and interests of inheritors, we should not only protect the property rights derived from inheritors, but also give a diversified protection of the rights and interests of inheritors.This paper is divided into three chapters. The first chapter introduces the theoretical basis for the protection of inheritor’s intellectual property rights of intangible cultural heritage of ethnic, including concept, characteristics, connotation and the value of protection. By summarizing the existing problems from copyright, patent right, trademark right and commercial secret respectively, the second chapter analyzes the current situation and existing problems of the protection of inheritor of intangible cultural heritage of ethnic under the existing intellectual property system. By using the existing intellectual property system, the third chapter puts forward the corresponding suggestions in view of the problems in second chapter. This paper aims to give a diversified protection of the rights and interests of inheritors by using intellectual property system, which is not limited only to protect the intellectual property rights derived from inheritors.