Study On Intellectual Property Protection Of Folklore

Folklore, the subject which has been discussed recently by International Intellectual Property Organization, has been received lots of attention by nations. As a country owing affluent resources of folklore , China has the duty to put the protection of Folklore on the legislative agenda. This article, on the basis of the analysis of the nature of Folklore and the construction of it and the necessity of the protection , conceived the ideal of the protection of Folklore, including how to choose the legislative mode and the building of concrete content. On the topic of how to choose the legislative mode , the writer used a demonstration way of explaining the profound in simple terms , from Private Law to Intellectual Property Law and then to Special Law ,and ascertained the legislative mode of Folklore as a special law under the system of Intellectual Proportion Law .On the building of concrete content of Property Special Law about Folklore , the writer , in the way of debating three important factors of the law -the subject ,the object and the content, built up a integrated system of law,which includes legislative aim, the subject of the right, the scope of protection , the content of right and duty, and the responsibility and punishment.