Research On Intellectual Property Protection Of The Confucian Traditional Culture

With the rapid development of global economy, the competition between countries in overall national strength is becoming increasingly fierce, and the competition is no longer confined to the economy, the unique traditional culture is increasingly becoming an important source of national cohesion and creativity, and is increasingly becoming an important factor in the competition of comprehensive national strength. As an important part of culture, traditional culture is intellectual creation; it is created by a certain group or a nation in their long term practice of life and production, and it is inherited and developed by the generation, assembled by the evolution of civilization. Traditional culture reflects quality and characteristics of a certain community or a nation; it is a precious cultural heritage of a country, and produces a far-reaching influence to the development of a country. Precious traditional culture of the Chinese nation is an important part of the life of the Chinese nation, is also the foundation of the Chinese nation standing among the peoples of the world, and the most representative Chinese traditional culture is the Confucian traditional culture; Confucian traditional culture is the essence and core of the Chinese nation traditional culture; its ideological theory contains many important values and moral standards, and these precious values and code of ethics is what the modern man need to learn. In addition, the Confucian traditional culture is the cultural achievements of the Chinese nation for thousands of years, is the crystallization of the wisdom of the Chinese nation, it contains the rich political value, economic value, cultural value and social value. Confucian traditional culture important status and great value determines that it is necessary for us to take certain legal protection to protect it. Because the Confucian traditional culture’s own attribute is in line with the protection object of intellectual property rights, so this paper mainly discusses the legal protection problem of the traditional culture of Confucianism from the angle of intellectual property rights.Firstly, through the analysis of the core cultural status, form of expression, value of the traditional culture of Confucianism, this paper concludes the necessity of the intellectual property rights protection to the Confucian traditional culture; and this paper discusses the feasibility of the protection of intellectual property rights, combining with the characteristics of Confucian traditional culture. Because the Confucian traditional culture is different from the general protection object of intellectual property rights, it has many unique characteristics, such as, the creator mass, inheritance, a long-term creation, hierarchy, the uncertain author etc. This paper first analyzes that we can protect the Confucian traditional culture with the protection mode of intangible cultural heritage and the copyright protection mode, but the writer found that there are some loopholes and defects in the two kinds of protection mode, when we use them to protect the Confucian traditional culture. Therefore, it is concluded the idea that we can set the special law system of intellectual property of the Confucianism culture, combining its own unique attributes.Finally, based on the above analysis, the writer puts forward some own advice about the construction of the legal system of intellectual property rights special law of the traditional Confucianism culture. When the writer analyzes the established special legal system content that is suitable for the protection of the Confucian traditional culture, through the comparative analysis of various protection modes, in combination with itself unique attributes of the Confucian traditional culture, and with reference to the current intellectual property law, the writer puts forward some not too mature point of view. Lastly, this paper demonstrates the above views from certain aspects of the scope of protection, the subject of rights, the rights of the content and duration of protection violations and remedies, etc. In the end, we hope that we could realize the comprehensive protection of the traditional culture of Confucianism, avoid the unnecessary Confucian traditional culture distort and tamper, and give fully play to its value, at the same time, the Confucian traditional culture can get a better spread and development by using the special law of intellectual property rights.