Intangible Cultural Heritage Of The Study Of The Protection Of Intellectual Property Rights Issue

Intangible cultural heritage is a "living fossil" in the history of mankind, is in one thousand to the crystallization of the wisdom of working people, is a national cultural memory and live condition genes show, it has the precious, the value of the rich. Is five thousand world civilization in our country, the long long agricultural history and culture, and the multi-ethnic and diverse cultures collide, makes our country’s intangible cultural heritage is very rich, many of the species or unique to the world, with distinctive features. Therefore, to strengthen the protection of intangible cultural heritage in our country, and the historical mission of nation, is also a heritage of civilization to the international community today. In these measures, talk about the most is the use of intellectual property rights to protect the non-material cultural heritage.However, at present our country intellectual property protection of intangible cultural heritage work is struggling, legislation is not perfect. In this paper, four chapters on intellectual property protection of intangible cultural heritage the research of this problem.The first chapter is an overview of the material culture heritage. Mainly through the analysis of the concept of intangible cultural heritage, to clear its concept, on the basis of the classification, demonstrate the features of the intangible cultural heritage, so that the intangible cultural heritage protection of intellectual property rights research is all about.The second chapter is the necessity and feasibility of material cultural heritage protection of intellectual property rights. The necessity of the argument from the non-material cultural heritage protection of intellectual property rights is the need of building a harmonious friendly society; Is the need of comprehensive various effective protection; Is a valid need to retain and inheriting the interests; Is the balance of interests and incentives need four aspects to an argument. The feasibility of the discussed mainly from the development of open innovation; intellectual property law Intangible cultural heritage and the object of intellectual property protection; Purpose of non-material cultural heritage protection and intellectual property law value orientation of the argument in these three aspects.The third chapter intangible cultural heritage of the current situation and main problems of the protection of intellectual property rights. First analysis of developed countries and developing countries on international status of non-material cultural heritage protection of intellectual property rights; Again to the current situation of the non-material cultural heritage protection of intellectual property rights in our country is analyzed, and then on the basis of summing up out of the non-material cultural heritage protection of intellectual property rights in our country the main problems:the backward concept, consciousness is weak; Legal system is not perfect; System and mechanism is not sound; Personnel, lack of funds, lack of protection. Which probes into the legal system is not perfect, under the framework of existing intellectual property law in China, the protection of intangible cultural heritage are analyzed. Mainly discussed the copyright protection, patent protection, trademark protection mode, the commercial secret protection mode and the mode of protection the right of domain name in any of the intangible cultural heritage protection deficiencies.The fourth chapter is Suggestions to consummate the non-material cultural heritage protection of intellectual property rights of some countermeasures:the protection of non-material cultural heritage concept innovation; Intangible cultural heritage the perfection of the current intellectual property protection mode; Establish a mechanism of intangible cultural heritage protection and system; Establish the non-material cultural heritage the benefit sharing mechanism in the commercial development, etc. For actual q of non-material cultural heritage protection of intellectual property rights.