Research On Protection Of Intellectual Property Of Intangible Cultural Heritage

In2011, China enacted the Intangible Cultural Heritage (ICH) Law, in which the comprehensive legal protection including civil protection and administrative protection stated in the draft had been abandoned, and was replaced by administrative protection as main content. Many disputes over the rights and obligations occur regarding inheritance and protection of ICH and business development in practice. There are also filled with plagiarism and improper use of ICH. While no effective legal protection has been carried out, therefore making civil protection law system concerning ICH is in urgent need. In this context, the extraterritorial theory and legislative practices of ICH will be used, and the scholar Yan Yonghe’s opinions will be adopted, to introduce the active, passive and derivative intellectual property interests in ICH. The existing intellectual property system will be analyzed about its protection degree and difficulty of the active, passive and derivative intellectual property interests in ICH, and then based on China’s national conditions and legislative situation, strategic objectives concerning intellectual property right protection of ICH will be put forward:At this stage, the most expedient is to enlarge the explanation to the existing intellectual property system by using and from the technical perspective, and the long-term objective is to make special protection system of intellectual property of ICH when the time comes. In this paper, the discussion will focus on how to increase application and enlarge the explanation to the existing intellectual property system from the technical perspective at recent stage, and put forward legislative recommendations to Protection Rules of Folk Literature and Art Copyright, hoping that this will be conducive to China’s system of intellectual property protection of ICH.