The Intellectual Property Protection For Expression Of Folklore

With the healthy development of national traditional culture, the world culture willbe diversity development. The expression of folklore is a part of traditional culture, andto protect the expression of folklore is the bounden duty. For how to protect theexpression of folklore, the world have an experiencing discussion more than half acentury. As expression of folklore belongs to the source group’s intellectualachievements, so it seems that there is a natural connection with intellectual propertyrights. The expression of the intellectual property protection of folklore has always beenwidespread concern in the international community.Firstly, study the protection of intellectual property rights for expression of folklorefacing first question is: how to define the expression of folklore in the context ofintellectual property. To do an accurate definition of the expression of folklore, not onlyto define its characteristics and range, and should be compared with a completelydifferent meaning of the term.Secondly, to solve the problem is to select the type of protection of intellectualproperty rights: in many folklore expression of legal protection, why should it?(1)expression of folklore is the intellectual achievements of the collective creation ofsource groups, while intellectual property is to protect the rights of human intellectualachievement;(2) modern commercial society widespread against the groups of origin ofmoral rights, economic rights, and the protection of intellectual property rights on thesubject of rights, the rights of content can solve these problems;(3) Intellectual propertyrights protection is the protection of private rights of nature, have more freedom ofchoice;(4) For the protection of folklore expression due to the existing intellectualproperty protection concept is different from the concept of the protection of folkloreexpression, so the existing intellectual property system to protect just an indirect, weakprotection, it is necessary to establish a special type of protection of intellectual propertyrights protection system. Eventually countries also have to determine the expression offolklore-which is attributed to the intellectual property framework, just different fromthe current intellectual property system, constitute the type of protection of intellectualproperty and the existing intellectual property protection system of special protection.Thirdly, folklore expression of the international protection of the status quo, this article focuses within the international scope of the Bern Convention,"TunisiaCopyright Model Law" and "1982model clauses" developed countries, Australia andthe United States in the conservation status of conservation status of developingcountries Tunisia and Azerbaijan, we can see: the expression of folklore protectionneeds based domestic legislation also requires the binding force of internationalprotection rules in the international context.Finally, a brief analysis of the current problems of the protection of expression offolklore: a brief description of the current intellectual property laws protect the statusquo, the judicial practice conservation issues, and the subject of rights issues. Therefore,China needs to be constructed on the foundation of the existing Special Copyright modeof special protection rules specific content. In this paper, the content of the protectionfrom the five areas of special law should pay attention to the problems and build aspecial law protection rules in the brief legislative purpose, conceived style construct:(1)the object system;(2) the main system;(3) content of rights and their limitations;(4)violations and legal sanctions;(5) foreign civil protection of literary and artisticexpression.