On Our Folklore Protection Mode Selection

Folklore is the common cultural heritage of a nation, the crystallization of people's practice and wisdom, and also the symbol of an independent nation. China has abundant resources of folklore. While after the rapid economic development since the reform and opening-up policy has implemented and the establishment of intellectual property system, folklore is gradually affected and even be distorted or defaced from time to time. The benefit-sharing system after the commercialization of folklore is not regulated through legislation.Since the fifties of the last century, the Chinese government and some men of insight from all walks of China have launched into studying the methods and the models involved in the protection of folklore and whether the folklore can be protected by the intellectual property law. The existing laws of China expect a few local regulations are promulgated for protecting the folklore by the local government and the "Intangible Cultural Heritage Protection Law of the PRC," The civil protection representing by the intellectual property law is not established nor a comprehensive mode of folklore protection.There is no dispute about the necessary of protecting the non-material cultural heritage including the folklore with administrative protection. However, there is a huge controversy over the unified international civil protection (mainly refers to the intellectual property rights) of folklore. Nowadays only developing countries, represented by some African countries, protect folklore by means of the domestic copyright law or other intellectual property law.Meanwhile other countries protect the folklore by the administrative law or use the existing legal system, such as contract law, trademark law, anti-unfair competition law.The paper is composed of four parts. firstly, clarify the definition of folklore and the significance of protection.Secondly, introduce the existing national folklore protection legal system and pointing out the defects of legislation. Thirdly, provide the relevant folklore protection experience from the international organizations and other nations. Finally, select a superior mode of folklore protection legislation mode that is a comprehensive legal protection system including the privileged right law combined with public law.