Intellectual Property Protection Of Traditional Culture

There are more than two thousands nations in the world and every nationhas itsown splendid traditional culture.Owing to the huge improvements of thevalues oftraditional culture,the world is attacheing importance to the intellectual propertyprotection of traditional culture.Traditional culture is not only the sign of nation butalso the necessary condition of improvement of the nation.Modern society bringshigh-leveled civilization and changes original Living environment and lifestyle,which makes traditional culture facing the risk of degradation anddisappearing.With the advent of global economy,which bothen hances thecommunication and deepens developed country robbing developingcountry.Nowadays,with the development of economy and technology,the way of lifeand production of the world is converging.Therefor,how to keep the diversity ofculture and prevent losing ourselves has became a severs reality.The government remedies and protects numerous traditional culture, inaddition,the government makes some laws and sets up the protection system oftraditional culture.However,the protection of traditional culture is in its infancy,andthere are still numerous problems to be solved.In intellectual property,there is a specific subject of the right, which is calledobligee.But in the background of traditional culture, it is difficult to determine subjectof the right,because the protection obligee is specific natural persons,corporate andother organizations. Traditional culture usually is created and developed by a group,we determines its specific subject of the right hardly, it’s not specific, so in practicethe specific of culture successor，Nation as well as government can becomes a specificsubject of the right because we can not determine subject of the right.Group create traditional culture,and as long as law recognize the intellectualproperty of traditional culture,we must solve the important problem of term ofprotection. As for this problem,there are two different viewpoints.On one hand,itholds that limit the term.On the other hands, it holds that it is not necessary to limitthe term.Normally,traditional culture is created and enjoyed by specific person,groupand nation.As long as the group or nation exists,this culturetransmits itto generation.Therefore,the culture can not suit the limiting term ofintellectualproperty.The characteristic of traditional culture is diversity,locality and so on,whichdetermines we must set up a comprehensive legal system so as to protect traditionalculture, because single code is unable to deal with the comprehensive protection oftraditional culture.Traditional culture is not not the important part of culture but also the root ofculture,which is the wealth of civilization and the spirit lifeblood of the Socialcontinuation.Traditional culture has Immeasurable value, therefore,the countries inthe world have a common responsibility of culture protection.