Research On Protecting Intellectual Property Right Of Folklore And Art

China is a multinational country with a vast expanse and rich in resources of folklore. Inthe21st century, there is more and more dispute about folklore, and there sources of folkloreare looted around the world. Therefore, to discuss the intellectual property protection onfolklore in our country is necessary and meanwhile it is also a world-wide topic. Scholars ofthis field never stop discussing this topic, but there is still no institution which can protectfolklore efficiently.The paper states the dispute and research achievement of the intellectual propertyprotection on folklore at home and abroad. Meanwhile it expounds the protection on folklorewhich is provided by the existing legal system and analyses the main stakeholders of folklore,on which I suggest that our country should institute a protection system of folklore.There are five chapters in this paper. The first chapter is the theoretical basis，whichanalyzes the concept and the characteristic of folklore. The second chapter describes andcompares the current situation of protecting folklore by the practice of internationallegislation and foreign countries. The third chapter presents the current situation of theprotection of folklore in our country. It also introduces the grim situation that folklore isfacing. Based on the former three chapters, the fourth chapter discusses how to improve thecopyright law、the trademark law and other intellectual property laws and proposes theassumption of folklore’s special protection mechanism.The intellectual property protection on folklore does not only have a close relationshipwith the interest of a country and a nation, but also effect the development of folklore. In thissevere situation, to discuss how to construct an institution of protection on folklore hasprofound significance.