First Exploration On The International Protection Legislation Of Intellectual Property Rights Of Traditional Culture

Traditional culture is an important part of human culture, it reflects the unique culturalfeatures of a nation and a country. However, in the international context, the mechanism of theprotection of intellectual property rights of traditional culture has not yet been established, theconsciousness of protection of intellectual property rights of traditional culture is weak andlack of legal mechanism. It results in that a country’s cultural heritage was not appropriate tobe used and abused by other countries.Based on this, this paper analyses the problems of legislations and attempts to putforward a The imbalance problems of benefit between the developed countries anddeveloping countries, origins of traditional culture and the other districts, the inheritors andthe adapter and the user of traditional culture are in poor state to solve.The origins andinheritors of traditional culture should also seek the balance mechanism of benefit actively, inorder to maintain their spiritual and economic interests. And to put forward the domestic andinternational legislation of the intellectual property rights of traditional culture. We should payattention to the connection of domestic law and international law. The balance betweeninternational and domestic protection of intellectual property of traditional culture is one ofthe key points to establish the legal mechanism of protection on traditional culture. This is theprerequisite for establishing favorable international protection mechanism of traditionalculture.For the reconstruction of legislation of international protection on intellectual propertyrights of traditional culture, we should establish the legislation mechanism to protect privaterights combined with public rights. One hand, we should protect traditional culture in the fieldof intellectual property rights, on the other hand, we should protect cultural rights oftraditional culture. At the same time, this paper suggests to take TRIPs as the angle of view toanalyze. Owing to the TRIPs does not include the protection of intellectual property rights ontraditional culture, only finding out the elastic clauses and take advantage of them to make upthis defect. Take China as the representative, the developing countries should use the elasticclauses in TRIPs flexibly and actively to establish the legislation mechanism of protection onintellectual property rights of traditional culture in order to maintain their countries’ interests.One hand, we should understand the elastic clauses in TRIPs fully, on the other hand, weshould participate in the multilateral negotiations of TRIPs actively.