Research On The Intellectual Property Protection Of Intangible Cultural Heritage Of China

The intangible cultural heritage is the living fossil of our country and a crystal of their wisdom. Because of the impact of market economy and modern civilization, the intangible cultural heritage faces grave threats of deterioration, disappearance and destruction. The international community and the states have paid considerable attention to the safeguarding of the intangible cultural heritage.The intangible cultural heritage is the sources of the knowledge. It plays an enormous economic and social utility as a kind of spiritual wealth in modern society. The intellectual property rights (IPR) have important functions and special values to protect the intangible cultural heritage. It is very important to safeguard the legitimate rights of countries, nationality and traditional ethnic community.However, the IPR and the intangible cultural heritage have some conflicts, especial on the object of right and content of right. The IPR system of our country is not completed, and cannot effectively protect the intangible cultural heritage. But the two also have certain combination, which may protect the intangible cultural heritage by the IPR through the coordination and interaction, and promotes the inheritance and innovation of intangible cultural heritage. So this thesis discussed the intellectual property protection of intangible cultural heritage, to be useful to protect the intangible cultural heritage.This thesis starts from the basic theory of the intangible cultural heritage and introduces the concept, characteristics and protecting methods of intangible cultural heritage. The second part analyzes the conflicts and combination of IPR and the intangible cultural heritage. The third part introduces the legislation practice of the intellectual property protection of intangible cultural heritage at home and abroad. It also discusses the reference significance to our country. The fourth part analyzes current situation and defects of intellectual property protection of the intangible cultural heritage.This thesis proposes legislative suggestions to improve the system of copyright, patent right, trade secrets protection, trademark right and geographical indication right of intangible cultural heritage.