Intellectual Property Protection Of Intangible Cultural Heritage

Intangible cultural heritage is one of the diverse manifestations of traditional culture,which can reflect the local ethnic characteristics of production,lifesty,leand ethnic style.It is created,inherited and developed in the process of development of human history.Intellectual property is a system to protect private right,with the intangible cultural heritage protection purposes and principles,through continuous modification and integration with each other.With cultural development and the coming prosperous era,the degree of protection of intangible cultural heritage is increasingly becoming a key country to victory.So the intellectual property,as a method to protect the private rights,is more and more important to the protection of intangible cultural heritage.Nowadays,there are more and more people studying on the differences between intangible cultural heritage and Intellectual property,they also have their own opinions,which results to a situation that there is no reasonable conclusion between intangible cultural heritage and Intellectual property.There are many problems existing in it.By analyzing,the differences between them reflect on several aspects,such as the subject of rights,the object of the rights,the right content, type and duration of the exercise of power protection.So the thesis focuses on intangible cultural heritage and Intellectual property,trying to find the dilemma problem existing in the process of protecting,analyse these problems and solve them one by one.Then I give my own understanding and find the possible path of intellectual property protection of intangible cultural heritage.Intangible cultural heritage is significant intangible,regional,and inheritance, which plays a guidance for non-heritage protection work,directional effect.The Intellectual protection system requires innovative,proprietary and timeliness.It seems that they are different obviously and there are no similarities between them.This thesis discusses the necessity of intangible cultural heritage intellectual property. Then it analyzes the intellectual property protection of intangible cultural heritage from five aspects,the body,the object,the exercise of power and the duration of protection.Specifically,the body of rights has the problem that non-left of the main heritage and generally are not separate individuals,but have mass,regional,and intellectual property protection which is contrary to the proprietary nature.The object has the problem that Intangible cultural heritage type varied,but at this stage of the intellectual property system to protect objects can also do a more detailed classification of some of the intangible cultural heritage does not meet the requirements of intellectual property rights.The right content has the problems that intellectual property system is both personal rights and property rights includes a right,rather than material cultural heritage due to its body mass characteristics,there is a dispute in terms of content rights.Permission and prohibition of the right to the intellectual property system is not conducive to the protection of heritage and non-heritage development is the problem in terms of the way the exercise of power. Problem based on the theory of property rights incentive,for the protection of intellectual property has every right to protect a certain period,and this period with the purpose of safeguarding intangible cultural heritage does not match exists the protection period.The thesis tries to analyze these problems and reasons,find a breakthrough in intangible cultural heritage and intellectual property to make them adapt and promote each other.Intangible cultural heritage is of importance to the economic development of our country.How to protect and inherit,and how to change the culture resource to social productivity are the inherent power of building Intellectual property protection system. Combining them well,not only can protect the Intangible cultural heritage,but also can develop Intellectual property system and expand the scope of protection,which will meet the needs of social develop better.