Study On Chinese Wushu Intellectual Property Protection

With the integration of economy and culture, as well as the impact of modernlifestyles, a good environment for the survival of traditions and cultures is worrying.With a long history, Chinese Wushu is valuable spiritual wealth and cultural heritageof China. As a prominent representative of our national traditional sports, Wushu is animportant part of China’s intangible cultural heritage protection. Currently, thedevelopment and utilization of Wushu spread increasingly, which can bring lucrativeprofits for both developers and users. However, the lack of related laws and thedisadvantaged status of Wushu rights make it sharing rarely profits of its own. Due tothe long age, many of the Wushu projects have already in the open state, whichneglected its protection of intellectual property rights during the development andutilization. Over time, it will affect our inheritance and development of ChineseWushu. Against such background, this paper examined a large amount of literatures,selected, analyzed, compared and induced the collected dates, from a legal perspective,elaborated the concept and features of Wushu intellectual property rights, analyzed thenecessities of Wushu intellectual property rights. It also discussed the subject, objectand contents of Wushu intellectual property rights, pointing out the existing problemsin the practice of Wushu intellectual property protection based on the present situationof Wushu intellectual property law protection. At last, it put up with suggestions aboutimproving our Wushu intellectual property protection in order to benefit thedevelopment of our Chinese Wushu. This paper has five parts except introduction andconclusion.The first part: Theoretical studies related to Wushu intellectual property rights.Starting from the connotation of Wushu intellectual property, it describes the conceptof Wushu intellectual property from both aspects of connotation and extension, andanalyzes the characteristics of Wushu intellectual property.The second part: Analysis of Wushu intellectual property protection legitimacy.It analyzes the purpose, value and contents of intellectual property protection andcharacteristics of Wushu. On this basis, it also analyzes the necessity and feasibility ofWushu intellectual property protection.The third part: The subject, object and contents of Wushu intellectual propertyprotection. on the basis of existing intellectual property laws, combining the situationof Wushu, it analyzes the rights owner, protector and rights contents of Wushu intellectual property.The fourth part: The status quo and problems of Wushu intellectual propertyprotection. Firstly, evaluating the evolution of intellectual property rights system andWushu protection. Then analyzing copyright protection, trademark protection, theprotection of geographical indications, patents and business secrets protection. At last,concluding with a series of problems in the practice of Wushu intellectual propertyprotection.The fifth part: Improve the suggestions of Wushu intellectual property protection.On the basis of the former part’s studies, it puts up with suggestions about improvingour Wushu intellectual property protection, which includes construction ofmulti-dimensional protection system, making full use of existing legal protection andlearning foreign special protection system, establishing Wushu knowledge databasesand intellectual property right of public interest litigation system, strengtheningpublicity and education, enhancing public awareness of intellectual propertyprotection.