Research On Protecting Intellectual Property Right Of Folklore And Art

Recently, there is more and more dispute about folklore, and there sources of folklore looted around the world. In the future, It will also be one of the difficult problems to protection folklore in the field of international intellectual property rights. Therefore, to discuss the intellectual property protection on that folklore in our country is necessary and meanwhile it is also a world-wide topic. Scholars of this field never stop discussing this topic, but there is still no institution which can protect folklore efficiently.The paper states the dispute and research achievement of the intellectual property protection on folklore at home and abroad. Meanwhile it expounds the protection on folklore which is provided by the existing legal system and analyses the main stakeholders of folklore, on which I suggest that our country should institute a protection system of folklore.There are four chapters in this paper. The first chapter is the theoretical basis,which analyzes the concept and the characteristic of folklore.The second chapter discuss the necessity of protection of folklore. The third chapter presents the current situation of the protection of folklore in our country. Based on the former three chapters, the fourth chapter discusses how to improve copyright law, the trademark law and other intellectual property laws and proposes assumption of folklore's special protection mechanism.