Research On The Basic Legal Issues Of Traditional Culture’s Intellectual Property Protection

Often seeing the scenes: time-honored brands registered by others, traditional Chinesemedicine developing in dilemma and the shadow play for near one-thousand-year history onthe brink of extinction, China, as the representative of traditional cultural powers, focuses onthe intellectual property protection as the solution to the protection of traditional culture. Thisarticle concentrates on the research between the characteristics of traditional culture andintellectual property, divided into five parts to study the laws of intellectual property fortraditional culture.The first part is the overview of intellectual property protection of traditional culture athome and abroad, and for the purpose of writing this paper and the significance, methods andso on.The second part mainly introduces the concept and features of the traditional culture,and on the basis of WIPO given by traditional culture concept gives some basic features ofthe traditional culture of the concept intellectual property of traditional culture context.The third part mainly discusses the basic legal characteristics of intellectual propertyprotection of traditional culture, the intellectual property rights, exclusive and regionalcharacteristics as comparison object, will have the characteristics of the traditional cultureand the three characteristics are compared, find the conjunction point with discrepancies.The fourth part of the development history and theoretical basis of the intellectualproperty system as the starting point, demonstrate the possibility of traditional culture and theprotection of intellectual property rights, and on the basis of the fundamental conclusions.The fifth part focuses on the study of international organizations and other countries onthe protection of traditional culture, and puts forward the suggestions on the basis of thetraditional culture of intellectual property rights to protect our path.Traditional culture treasures in inheriting and carrying forward. Complete private rightprotection or unprotection is undesirable. Only the economic interest based on inheritance as primary value as well as intellectual property institution as carrier to protect traditionalculture can make sense.