The Identification Of Folklore’s Intellectual Property Protection

As an important part of traditional Chinese culture, folklore plays a significant role inchina’s political, economic and cultural fields, therefore, our country’s folklore deserve toobtain effective legal protection. However, Chinese folklore is facing the following crisis: athome, lack of successors; the developed countries inadequately use it abroad, which bothaccelerate the demise of folklore. That’s why we must find out the appropriate protected modein the field of intellectual property as soon as possible.In aid to seek the suitable protected mode for China’s folklore, this paper tries to definethe fundamental conception of folklore, researches on the development of the identification offolklore’s intellectual property protection of our country and abroad was investigated,demonstrates the legitimacy of protecting folklore’s intellectual property, studies the subject,object, content and limits on folklore’s intellectual property rights.By comparing the copyright protected mode, trademark rights protected mode andspecial rights protected mode, we find out that the special rights protected mode should be thebest way protect our country folklore’s intellectual property rights. What’s more, dependingon folklore’s essential features and China’s actual conditions, this paper puts forward a fewsuggestions for the subject, object, content and limits on the selected protected mode.