Research On The Protection Of Trademark Right In Traditional Martial Arts

Traditional Martial arts is a kind of traditional sports as well as intangible culturalheritage. It’s also a carrier of traditional knowledge and brilliant works of folk literature andart in China.Meanwhile, Traditional Martial arts, an important carrier of Chinese thinkingmethod and spiritual wealth, embodies the vitality and creativity of the Chinese nation.Nowadays, under the trend that knowledge promotes economy and leads the socialdevelopment, countries all over the world have raised concern about the traditionalknowledge and intangible cultural heritage and formulate the relevant legal system to dosome protection as well. As the world’s economy is developing and the culturalcommunication is becoming increasingly frequent, the traditional martial art which embodiesthe cultural connotation and economic value has an increasingly prominent internationalinfluence. However, in our current situation of legal protection of traditional Martial arts,there are not too much intellectual property value of traditional martial arts having beendeveloped, which makes Traditional Martial arts, the outstanding traditional Chinese culture,not been concerned in the economic market as well as been infringed and abused frequently.As the traditional martial arts cannot bring economic benefit to the inheritor and right holder,it has been abandoned by the successors, which result in a large loss of cultural resources andharm the inheritance and development of traditional Martial arts. Therefore, the legalprotection of Martial arts and the exploitation of traditional Martial arts’ intellectual propertyrights value should be emphasized in legal circles and academic circles.This article is divided into six chapters and makes a theoretical research on how to usethe trademark system to protect traditional Martial arts effectively.The article offers someproposals for development of the trademark system,which expect to enhance the overallvalue of traditional Martial arts and promote its sound development and inheritance throughthe trademark protection system.Chapter1is the introduction part, mainly discussing the research background andsignificance of the using in trademark protection of traditional martial arts in China. In thispart, the present protection situation of the domestic and foreign use of the non-materialcultural heritage, traditional culture and traditional sports is analyzed synthetically.Chapter2is a brief description of the traditional martial arts’ concept, law characteristicand the cultural characteristic. Chapter3mainly expounds the importance of the use of the trademark protection oftraditional Martial arts which mainly reflected in promoting its inheritance and development,as well as exploiting the economic value that the traditional Martial77art has. It’s alsoconducive to the prevention of the occurrence of the trademark registration abuse and tort intraditional martial arts. Meanwhile, it can achieve a lasting protection.Chapter4discusses the main current difficulties that traditional Martial arts is facingwhen uses trademark right to protected. It mainly contains4aspects. First, there areambiguities of Trademark registration body. The awareness of trademark protection is notstrong enough. Second, the trademark protection objects are various which lack brandsproducts. Third, the protection mode is too simplex to promote the inheritance anddevelopment of traditional martial arts. Fourth, the powers and responsibilities of trademarkowners are not clear and the trademark managements are confusion.Chapter5is the key chapter, discussing the above main problems that traditional Martialarts trademark protection is facing. It raises four aspects to confirm the subject of right oftraditional Martial arts trademark: inheritor, specific area groups, community organizationsand the nation. The object of trademark right can be protected by the name, service and theregistration of derivative products.As to the protection methods, various specific andfeasible measures that can realize the effect of trademark protection are put forward.Finally,as to the limit of rights, the trademark rights owner’s prior rights, the reasonable scope ofapplication on Martial arts trademark, the responsibility about the development andpromotion of Martial arts and the rights of investigating the trademark infringementresponsibility are regulated.Chapter6is the end part of this paper. It put forward the main purpose of traditionalMartial arts trademark protection, which is to promote the realization of commercial valueand the inheritance development. In this way, the diversity of Chinese culture can bemaintained, so that it does not lose the cultural spirit and cultural connotation in the strongoffensive of foreign culture. Therefore the application of trademark protection must becarried out around this objective. In addition, it proposed that the traditional Martial arts canbe comprehensively protected by combining with other intellectual property regulations.