Research On Intangible Cultural Heritage Of Intellectual Property Protection Mode

Contains non-material cultural heritage of a nation’s cultural heritage, ethnic and cultural heritage, maintaining human creativity, maintaining community cultural diversity and promoting basic and fundamental link between the sustainable development of human society.Intangible Cultural Heritage had not directly related to economic, literary, artistic production, life and practice areas farther and economic ties. Based on the needs of economic development and aesthetic consumption and capital intangible cultural heritage as opposed to "symbolic capital " and "cultural capital", was given a stronger economic attributes, get enough economically attractive. According to market economy rules, certain items are given once the economic attributes, will promote the development of related industries. Intangible Cultural Heritage also face such a situation.Especially in recent years, changing the way the public to accept culture gradually accepted way to subvert the traditional, leading to the grant of certain body needs oral culture gradually eliminated, the gradual demise of traditional crafts, a large number of historical and cultural value of the physical loss of overseas; some cultures are foreign companies commercialize their reap huge profits, strengthen the protection of intangible cultural heritage without delay. Developed intangible cultural heritage of the phenomenon of resource-rich intangible cultural heritage resources in developing countries free use of another.2004Hollywood shoot animated film " Mulan", the story of Mulan Chinese traditional father’s army was like, it onto the screen, for the creation of a$2billion at the box office;2008release of "Kung Fu Panda" China as the background, set, costume props that are full of Chinese elements, the art director spent eight years studying Chinese culture, art, architecture, in order to make the animation in every detail faithfully reflect the Chinese characteristics, and ultimately their earned$630million at the box office revenue. As the story background of China did not share a piece of it should be, had deplorable.Implementation introduced the "People’s Republic of China Intangible Cultural Heritage Law" from2005,"People’s Republic of China Intangible Cultural Heritage Protection Law (Draft)," the draft, to2011, after more than six years after the time has finally established the non-material cultural Heritage legal status in our country, so that for the first time protected by law. Despite the introduction of a special law to protect, especially in the executive protection model based, but associated failed to protect civil rights, leading to lack of civil rights protection. Many scholars have called for the intangible cultural heritage should strengthen civil rights, in particular through the protection of intellectual property to maximize the realization of its civil rights. This article will introduce the world and related organizations in this regard on the basis of the results achieved, combined with the existence of non-material cultural heritage protection issues, and thus suitable for China to build its own intangible cultural heritage protection mode.This article will explore five parts for analysis. The first part, to explore non-material cultural heritage of the basic issues, including the definition of the concept of intangible cultural heritage, the basic characteristics of intangible cultural heritage, values, protection of meaning. The second part of the study under the intellectual property rights system of non-material cultural heritage, mainly on the legitimacy of the conflict and its protection of intellectual property and the existing intellectual property system. The third part, mainly on the basic situation of China’s intangible cultural heritage protection. Introduce legislation to protect the status of the ongoing legislative activities and related practices and intellectual property protection of intangible cultural heritage of the problems. The fourth part introduces the Intangible Cultural Heritage of intellectual property protection model for other countries and regions in the world, and its critical analysis of international protection mode. The fifth part, to build the basic principles of intellectual property protection of intangible cultural heritage of our country, and build related systems in terms of copyright law, trademark law, patent law, respectively, forming a comprehensive protection mode. This article will use comparative analysis, study analysis, systems analysis, and some case analysis, based on our current intellectual property system, the creation of intellectual property protection mode of intangible cultural heritage, so that China’s intangible cultural heritage has been effectively protection.