Research About The Safeguarding Of Intangible Cultural Heritage By Trademark Law

Intangible cultural heritage is the precious wealth that people have passed down from generation to generation.And it did affect,do affect and will affect people's life in past,at present and in the future.With tangible cultural heritage,it is filled with the national cultural history,whereas face the impact of modern modes of production and life.According to the worldwide practice and studies nowadays,the safeguarding modes of intangible cultural heritage are classified into two types: government dominating safeguarding and the masses dominating safeguarding.Although there are relatively affluent experience and practice in many areas for the former,the latter is controversial and remains to be studied.But it is worth stressing here that the importance and necessity of both of them have been recognized.And the topic of this thesis falls into the category of “the masses dominating safeguarding.”The author tries to take advantage of literature research methodology,qualitative research methodology or something to study on the trademark safeguarding of intangible cultural heritage,to give an opinion to the advantages and problems of this safeguarding mode with some pieces of relative advice.Otherwise,the author hopes this thesis could make a contribution to the studies and development about the masses dominating safeguarding as well as to the maintenance of the future of intangible cultural heritage and cultural diversity.In regard of the structure,including introduction and conclusion,the thesis consists of six parts:The introduction part narrates the background,significance and purposes of the topic.The first chapter gives a brief introduction about the safeguarding of intangible cultural heritage.In this part,the author tries to clarify what the safeguarding of intangible cultural heritage is and the relationships among the safeguarding,the inheritance and the exploitation of intangible cultural heritage.The second chapter offers the analysis about the current situation of the safeguarding by law domestically and abroad.Moreover,the author also focuses on the characteristics,achievements and problems of the safeguarding by law in China.The part also indicates my viewpoint on the debate about the intellectual property safeguarding of intangible cultural heritage,and includes the possibility and necessity of the safeguarding of intangible cultural heritage by trademark law.The third chapter shows the legal analysis in the safeguarding of the intangible cultural heritage by trademark law,which could give the foundation for the following context.Considering that the subject just started now,the author tries to state from the perspective oflegal relationship in this part in order to make the following analysis more clear and distinct.The fourth chapter offers some proposals for legislation aiming at the safeguarding of the intangible cultural heritage by trademark law.In this part,the author proposes the legal suggestions from the perspective of obtain,alter,assignment,licensing,renewal and loss of the exclusive right of trademark.And the part also involves the right conflict and solution among the exclusive right of trademark and other rights.The conclusion part gives a summary for the thesis.In this part,the author illustrates the strong points of the trademark law safeguarding method,epitomizes all the innovative viewpoints in the thesis,points out the shortcomings of the study or the thesis and indicates my study direction in terms of the safeguarding of the intangible cultural heritage by trademark law.