On The Right Of Attribution Of The Folklore

This dissertation studies the authorship of folklore and the intellectual property rights (IPRs) measures for protecting it. The paper demonstrates that folklore is the dyad consisting of characteristic elements of folklore (CEoF) and expression of folklore (EoF) by analyzing the creative principals of folklore. The private system for protecting folklore should give top priority over IPRs, which could protect all the intangible intellectual fruits divided between CEoF and EoF. The entitlement vested in community in order to protecting CEoF is actually the ownership of culture property for protecting those formulaic information created and maintained, i.e. coded and transmitted, by a specific collective, which could be covered in wider range of traditional resource rights (TRRs); whereas the entitlement vested in individual in order to protecting EOF could be regarded as neighboring rights of collective culture property rights, among which could be still protected by copyright where it is work. Subsequent to review international practices and domestic status for protecting folklore, the paper tries to construct a sui generis systems of protection of folklore. The systems is chiefly concerned with positive protection measures supplemented with properly defensive protection measure and takes community, individual and public interests into account.