Research On Protection Of Intellectual Prop Erty Of Intangible Cultural Heritage

Intangible cultural heritage refers to traditional cultural expressions and material object and places associated with traditional cultural expressions, which has been passed from the people of all generations and considered part of their cultural heritage. It is the creative crystallization of the wisdom of people of all nationalities in China, it also plays an important role in maintaining our national identity and culture, in passing down and developing the national spirit, and in promoting economic development. For a long time, due to the lack of effective intellectual property protection, China's intangible cultural heritage has been inappropriately and derogatory used in commercial development, and so the interests of the owner has been out of balance. In addition, some intangible cultural heritage has been gradually lost their social environment and soil of existence because of the impact of foreign culture, which needs to draw our urgent and intense attention. Therefore, it is imperative to protect and promote China's intangible cultural heritage, to prevent and curb the improper use of intangible cultural heritage, and to address the legal problem of the imbalance of the owner's interests. Throughout the international community, many international organizations and countries have included the intangible cultural heritage under the protection of intellectual property law, and to build a separate system of special protection on intangible cultural heritage has particularly obtained great effects.At present, China's Intangible Cultural Heritage Law offer only administrative protection on intangible cultural heritage, which is obviously inadequate and lagging behind compared with some foreign countries. Thus, to build special protection of intellectual property system on China's intangible cultural heritage by legislative means is the key to solve the existing protection problems on China's intangible cultural heritage, and the best choice to promote China's intangible cultural heritage. First, the design of legal relations in special protection system of intellectual property on intangible cultural heritage, that is to sort out the scope of special protection of intellectual property rights, to build a multi-subject right system stipulating that the rights can be performed by individuals, representative bodies or government, so that the said parties can enjoy the rights to indicate the origin mark, to get prior informed consent, to have benefit-sharing rights and other rights as well as to undertake corresponding obligations; Second, the design of the conditions of special intellectual property protection on intangible cultural heritage, the means of obtaining rights, and the balance of the interests of the owner; Third, the special design of the restrictions about the intellectual property rights, including the statutory license, and the conditions and circumstances of the fair use and the compulsory licensing; Fourth, the legal remedy design of the special protection of the intellectual property, it is able to define the delict on the intangible cultural heritage and its legal liability clearly. On the basis of these things, we shall putting forward the draft of China's ".The regulations of the protection of intellectual property on the intangible cultural heritage ".