On The Protection Of Intellectual Property Of The Intangible Cultural Heritage

Since Nineteen Fifties, Great importance have gradually paid to the safeguarding of the intangible cultural heritage in the word. There are many controversies about the protection of intellectual property of the intangible cultural heritage. The exploration of its practice is done with difficulty. The protection of intellectual property of the intangible cultural heritage is not popular and perfect in international community. The protection of intellectual property of the intangible cultural heritage in our country is very difficulty. Its legislation is almost blank. The paper is divided into four parts to study the protection of intellectual property of the intangible cultural heritage.Part one is on the concept of the intangible cultural heritage and analysis of the legitimacy of the protection of intellectual property of the intangible cultural heritage. The intangible cultural heritage is intangible intellectual productions of literary and art, science and technology created collectively by the nation, tribe, indigenous peoples and community. The intangible cultural heritage includes folklore and traditional knowledge mainly. The legitimacy of the protection of intellectual property of the intangible cultural heritage lies in such aspects. The intangible cultural heritage is a crystallilation of collective wisdom of the groups. It's an important intangible property. The intangible cultural heritage embodies collective personality. Intellectual property of the intangible cultural heritage is collective human rights.Part two is on the conflict between the protection of intellectual property of the intangible cultural heritage and general intellectual property law. The subject of the intangible cultural heritage is the groups. The intangible cultural heritage has its specific characteristics in form and period. The subject and indefinite duration of intellectual property of the intangible cultural heritage conflict with the rules of general intellectual property law. There are conflicts between intellectual property of the intangible cultural heritage and the concrete rules of copyright law, patent law and trademark law.Part three is on the legislation of international organization and some countries of the protection of intellectual property of the intangible cultural heritage. It's divided into the legislation of the protection of intellectual property of folklore and traditional knowledge. The part introduces the legislation of the protection of intellectual property of folklore of "Berne Convention for the Protection of Literary and Artistic Works", "Tunisian Provisions of Developing Nation Copyright Protection", "Model Provision for National Laws on the Protection of Expressions of Folklore Against Illicit Exploitation and other Prejudicial Actions" and Bangui Agreement. The part introduces the legislation of the protection of intellectual property of folklore of "Act No.20:special System for Registering the Collective Rights of Indigenous peoples", Republic of Panama and Act of Indigenous Peoples, Republic of Philippines. The part introduces the protection of traditional knowledge of "Convention on Biological Diversity" and the protecting mechanism of Farmer Rights of Food and Agriculture Organization of the United Nations. The part introduces the protection of traditional knowledge of India and Peru.Part four is on the suggestion of the legislation of the protection of intellectual property of the intangible cultural heritage. The part puts forward the legislative model of combination of general legislation and special legislation of intellectual property of the intangible cultural heritage in our country and discusses concretely the legislation of the protection of intellectual property of folklore and traditional knowledge. The part designs the main system of Regulations of Copyright of Folklore Works and Law of Rights of Traditional Knowledge.