Analysis Of Folklore, Intellectual Property Protection Mode

With the coming of the intellectual economic era, people renew their awareness of the influence of the traditional knowledge, especially for folklore, which is the foundation of the modern knowledge. Thus, more and more international organizations and countries realize that it is necessary for them to protect folklore. The distortion and abuse to folklore by people and the using for free of folklore without any payment to its original people have been the arising problems which need to be resolved by legislations in the intellectual property domain world wide. So far, the attitudes towards the legislation protection of folklore have not come to common in the international society, while our country is lacking for such legislation either. The urgent problem that needs to be resolved is to choose and design the legislation model which would best protect folklore.By using of the comparative research method, the author begins this article with introduction to the meaning and characters of folklore, and further analyses the legislation protection models of folklore in the intellectual property domain. With regarding to legislation conditions in our country, legislation suggestions are made in the end.Firstly, the meaning and characters of folklore as well as the necessity of its legal protection are introduced. These are the basic theories of folklore in order to lead to the further analysis.Secondly, with a comparative law aspect, under research to the actuality of the legislation and judicature practices by the international organizations and foreign countries, the author tries to compare and analyze the different kinds of legal protection models to folklore.Finally, based on the analysis above, legislation suggestions are made with refer to our actuality of legislation and the problems deriving from it.The innovation points of this article here are, analyzing the main kinds of the intellectual property legislation models of folklore by using of comparative research method and demonstration analytic method; based on the actuality of the legal protection of folklore in our country, putting stress to the conflicts between folklore and copyrights, as well as the feasibility of special legislation model, public domain payant model and trademark legislation model for the folklore in our country.