On The Intellectual Property Protection Of Folklore

Folklore is a part of the world cultural heritage and the civilized and wise fruit of traditional tribes. Because of its own economic values and the need of the cultural diversity, it plays more and more important roles in the world. But because of its features, many types of folklore is in danger of disappearing edge, even some have disappeared, so many countries pay attentions to protect it and have adopted various protection measures, especially seek methods in the field of intellectual property right and now have formed the copyright protection and special rights protection pattern. The copyright protection mode uses existing copyright law, trademark, patent, combining geographical indication and other existing intellectual property system to protect folklore, therefore, it is also called the mode of intellectual property protection. Special rights protection mode enacts a special law to protect folklore, through special legislation law to protect it.Although many countries have legislated to protect folklore, there is no untied and special law to protect it. Though there are many laws to protect it, many of the law are Principle, so practicability is very low. Besides these, the methods have many disadvantages, so folklore protection system has not been formed. China is a great country with over five thousand years civilization, has the rich folklore resources, but protection measures is scarce, the existing law is not perfect, although pay enough attention to it, it is far insufficient. The article takes traditional martial arts as an example, First, from analyzing the definition to see the difference among traditional resources, traditional knowledge and folklore. Based on this to analyze the features of folklore and introduce the china traditional martial arts. Second, from the angle of the cultural diversity need and the folklore itself economic values and its endangered to analyze the legitimacies and the necessities of protecting folklore. Third, the article introduces two kinds protection patterns-copyright protection pattern and the special rights protection pattern, as well as introduced our country protect folklore's methods at present, and analyzed the existing problems of the two protected modes. Finally take traditional martial arts as an example, put forward some suggestions on the current intellectual property system. Suggest that in the use of copyright protection mode to protect folklore, and at the same time gradually transit to specially rights protection pattern and make a special law to protect folklore. Then declare the folklore for the intangible cultural heritage, enact law to protect Inheritance people and so on.