Study On Intellectual Property And The Sui Generis System Protection Of Folklore

Culture is a kind of soft power,is the effective driving force for economic and social development. In the era of knowledge economy, the important role of culture is particularly prominent. Folklore carries a long history of mankind, it is the precipitation time and the embodiment of a way of life and spiritual value. However, Since 21 Century, legal disputes on folk literature is frequently emerge. In worldwide, developed countries oppress developing countries, and dominate cultures engulf weak cultures. The richness and diversity of world culture is facing serious challenges.At the same time, the achievements of Chinese folklore is free of use in the world. At the domestic level, driven by interests led to the commercialization of folklore. In China,folklore is also facing the distorted and inheritance situation. At present,the research on domestic and international folklore protection become more and more,but has not yet formed an effective resolution mechanism.Folklore is the intellectual creative achievements, so the intellectual labor to its achievement shall enjoy rights is the logical thing. However, due to the characteristics of folklore is different from the protection of intellectual property rights of ordinary intellectual achievements, so if to protect folklore with intellectual property rights will face the limited effect. At present, there is no specific legislation of protecting folklore. Therefore, the author attempts to start from the intellectual property protection of folklore perspective, to explore the most appropriate way of protection of folklore.In this paper, as a target,is discussed the definition, classification, the status of folklore, the significance of protection, and the feasibility of intellectual property protection of folklore. At the same time, from the aspect of folklore limitations, heritage protection and the protection of intellectual property rights conflict is discussed. From the bold ideas of special legislation perspective to protect the folklore is discussed,too. This paper employs exemplification way of the present situation of protection of folklore in our country and the obstacles facing. At the same time, examples of the Convention on international protection of above problems and the demonstration of legal documents and regional treaties. This paper discusses the status quo of Chinese legislation on the protection of folklore, By the example of widespread concern "Bai Xiue paper-cut case" and " Wusuli Boat Song case", discusses in the judicial practice of our country of folklore and it reflects the view of protection. This paper use the Anatomical demonstration method and the hierarchical reasoning method to discusse the feasibility and the limitations of the protection of intellectual property rights on folklore. This paper uses citation a bold vision method which is collective management organization to manage the folklore. Discussing on feasibility of model of Chinese folklore protection through the above discussion, and puts forward some feasible suggestions to build this protection mode.