Research On The Intellectual Property Protection Of The Intangible Cultural Heritage Of Industrialization In Changyang

With the development of economic globalization and the acceleration of the modernizing process, the cultural value and commercial value of intangible cultural heritage has been explored constantly. Many areas in our country have regarded the industrialization of intangible cultural heritage as the political agenda of local economic development. The industrialization of intangible cultural heritage attracts capital’s flow into the market, it lead to a tendency that the intangible cultural heritage in conservative state changed to commercialization quickly. By doing these, the intangible cultural heritage has enhanced its visibility and increased people’s understanding. It also has injected new vitality into the development of local economy especially in minority nationality regions. At the same time,however, as over-development and inadequate protection the industrialization has also bring many negative effects, as the core of the intangible cultural heritage—intellectual property right has faced the severe challenge in this tide. Therefore, in the perspective of industrialization, with the latest data from survey, illustrated by the Example of Changyang Tujiazu Autonomous County in Yichang, analyse the shortcoming of the protect of intellectual property rights of the intangible cultural heritage, I am trying to establish a prefect legal protection system of intellectual property rights of the intangible cultural heritage. The thesis can be divided into five parts:The paper makes a brief introduction about the concept of intangible cultural heritage and the connotation of "industrialization".Combined with the specific literature,the industrialization and protection of intellectual property of domestic intangible cultural heritage are also correspondingly analyzed, showing that there are relatively few academic study of industrialization of the intangible cultural heritage in domestic law circles.Meanwhile,research priorities are mostly related to the theoretical level,and the paper points out the necessity of the composite research for the industrialization and protection of intellectual property rights of intangible cultural heritage.The paper is mainly developed according to the steps of raising questions- analyzing problem- solving problem.The first chapter mainly demonstrates related materials about the research,including resources situation of intangible cultural heritage of Chang Yang County and industrialization development situation. Tujia Autonomous County of Changyang is the birthplace of tujia nationality. In the long history of human being, tujia ancestors created a rich and colorful intangible cultural heritage, leaving valuable intangible cultural heritage resources for future generations. Modern changyang man made full use of this advantage, and strived to develop the local cultural industry and tourism, and created a distinctive "changyang model", eventually made significant achievements in the development and protection of the intangible cultural heritage.The second chapter demonstrates the conflict and similarity of the industrialization and protection of intellectual property of domestic intangible cultural heritage. In combination with the practical situation of research,the paper analyzes problems or difficulties during the industrialization process of protection of intellectual property rights of intangible cutural heritage of Changyang county. Besides,the paper also elaborates the irreplaceable significance of industrialization to the protection of intangible cultural heritage.Through the interpretation of this paradox, the nature and the main aspects are clarified.The third chapter draws advanced experience from related domestic and foreign organizations and countries(mainly the scientific and cultural organization(UNESCO), world intellectual property organization, Japan, Korea, etc.) about protection of intellectual property rights of intangible cultural heritage,and combined with the related contents of domestic intellectual property laws, the chapter makes some analysis of deficiencies of domestic current intellectual property legal protection system of protection of intellectual property rights in the face of the industrialization tide.The fourth chapter is the focus of this article. On the basis of above analysis,the paper puts forward the necessity to protect intellectual property of intangible cultural heritage in the process of industrialization.from the constituent elements of legal relation, the chapter elaborates detailed analysis of subject,object,content of power of special law of intellectual property right of intangible cultural heritage, and its limitation of rights,power deadline and tort liability, so as to establish a corresponding complete special law system of intellectual property protection, in order to cope with the problem of lack of intellectual property protection of intangible cultural heritage in the process of industrialization.