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Intellectual Property Protection Of Intangible Cultural Heritage To Explore

Posted on:2016-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:C C LiuFull Text:PDF
GTID:2296330476451681Subject:Economic Law
Abstract/Summary:PDF Full Text Request
History of five thousand years of civilization gave birth to the wealth of intangible cultural heritage resources, it is the crystallization of our working people, intellectual achievements, to strengthen national unity, promote an important link between economic and social sustainable development. Our country already has the protection of intangible cultural heritage resources, traditional, 1919 years after the investigation COLLECTION organization of folk literature, but at the time of political and social background makes the protection of intangible cultural progress is very slow. After 1949, especially since the reform and opening up, the protection of intangible cultural heritage resources gradually tracks. In 2004, China formally joined the "Convention for the Safeguarding of the Intangible Cultural Heritage", China has gradually reached the protection of intangible cultural heritage resources of social consensus, the government also launched a series of keeping up with the pace of international protection. "The traditional arts and crafts Protection Ordinance" was promulgated in 1997, opened the legal protection of intangible cultural heritage prelude,(hereinafter referred to as "non-left"), promulgated in 2011, "Intangible Cultural Heritage Law", marking China’s intangible cultural Heritage entered the legal track. But "non-left" of protection still exist imperfections, the method is mainly for protection from administrative law, the protection of private rights, especially the protection of intellectual property is not specific, just a general provision.In this paper, the Intellectual Property ’intangible cultural heritage, with "non-left" of the spirit of the legislation, both at home and abroad of non-material cultural heritage protection system Experience legal basis on preliminary intellectual property protection of intangible cultural heritage were discussed, It aimed at improving the Intangible Cultural Heritage of intellectual property protection of our laws, to build a sound system of intellectual property protection of intangible cultural heritage, thereby better safeguarding of the intangible cultural heritage.Framework for this study: the first part, the basic concepts of the intangible cultural heritage of this paper introduces several important features of the intangible cultural heritage, the difference between the analyses of several related concepts, explains the basic overview of the intangible cultural heritage and intangible cultural discourse Intellectual Property ’heritage. Analysis of intellectual property protection of intangible cultural heritage legitimacy from conflict and integration between the two departure, while intellectual property protection of intangible cultural heritage is the protection of intangible cultural heritage and its need to create heritage; on the other non- intellectual property protection of intangible cultural heritage is a viable link between the two, the intangible cultural heritage and intellectual property protection objects have in common between openness of intellectual property will also have the possibility of integration of the intangible cultural heritage sexual, and intellectual property rights of the intangible cultural heritage also Proprietary Information.The second part from our point of view, the course introduces the protection of intangible cultural heritage, analysis of the main measures of protection "non-left" and our current approach, noting the existence of non-material cultural heritage protection in question, a clear lack of public law protection.The third part of the practice of international experience into international organizations, developed countries, developing countries in three categories were analyzed, summarized investigate that can provide reference basis for our content.The fourth part for China’s intangible cultural heritage protection and perfect vision of the way according to our own circumstances, appropriate adjustments to the intellectual property system in accordance with the characteristics of the intangible cultural heritage in order to better protect intangible cultural heritage.
Keywords/Search Tags:Intangible Cultural Heritage Multiculturalism, Intellectual property, Legal Protection
PDF Full Text Request
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