On The Authenticity Of Intellectual Property Protection Of Folklore

With the folklore has been in the public environment for a long time, everyone canmake use of it for free, sometimes people use it illegally. As the marketization andcommercialization intensifies, folklore being applied to the business world increasingly.Even excessive commercial use of folklore harmed creators and owners’ rights. Theauthors and owners’rights of the folklore cannot be protected effectively, to some extent,authors’ enthusiasm on the collection and creation has been hurt. In this way, theheritage and development of folklore is not in the good condition. A lot of folklore isendangered, as a result, the intellectual property protection of the folklore is imminent.Authenticity is the most basic and important principle and concept in the field ofcultural heritage. Authenticity is not only important to measure the value of culturalheritage, but also the fundamental basis of protection of the cultural heritage. The wellunderstanding of authenticity has impact of the protection of folklore.This article defined expressions of folklore based on combining related definitionsfrom international laws and files and feature of our national culture. Authenticity is theessence and soul of expressions of folklore, at some point, protection of expressions offolklore is protection of its authenticity. In light of some of its feature such as nationalityand regionalism, we are unable to be certain of the subject of right and the object ofright is under development, so the current intellectual property legal system can’tprotect its authenticity. The article deeply analyzed collision problems betweenintellectual property right protection for expressions of folklore and principle ofauthenticity, and find out the reason that the current intellectual property right legalsystem in capable of protecting our expressions of folklore and propose special rightsprotection institution by integrating theory with practice in the context of placingemphasis on separate legislation for expressions of folklore by our nation. The setup ofspecial rights protection institution should take guiding function of authenticity intoaccount, the purpose of special rights protection institution is protection of expressionsof folklore. The principle of authenticity is reflected in every right of special rights protection institution, only those rights protection institutions that contain the principleof authenticity can protect the authenticity of expressions of folklore. This article givessome concrete clause of suggestions based on comparing the similarities and differencesof current intellectual property right system and principle of authenticity.On previous considerations, this article discusses authenticity of the intellectualproperty protection of folklore. Through these efforts, the author is aimed at offeringanalyses for Intellectual Property protection for folklore.This article is about authenticity, and it has five parts. The first part introduces theoverview of the authenticity, including the meaning and the development of theprinciple, then describes the significance of authenticity to folklore. The second partgives the same points and conflict between authenticity and the copyright protection offolklore from moral rights and property rights. The third part gives researches into thefit and conflict between authenticity and the protection of trademark, patent law,geographical indications, unfair competition law and so on. The fourth part discussesthe relation of sui generis IP protection for folklore and authenticity. The fifth part givessome suggestions of the legislation on the protection of folklore considering ourcountry’s reality.Through the theoretical analysis on authenticity, combined with intellectualproperty protection of folklore, considering the fit and conflict, then the author analyzesthe solutions to solve the conflict according to the specific situations of China. In theend, the suitable advises is formed on the IP protection of folklore.