Legislation On The Protection Of Intellectual Property Of Traditional Culture From The Perspective Of History

Traditional culture,as a nation's intelligence work achievement and wisdom crystallization,has a great economic value cultural value and technical value.But because of the lack of effective protection mechanism,the traditional culture has been a large number of theft and loss.Based on the perspective of historical development,as the breakthrough point,proposed to the traditional culture of intellectual property rights protection legislation problems on stratified research.Traditional culture has the characteristics of traditional,regional and community.These cause a great loss to our culture and economy.Object feature of traditional culture is different from the modern law to protect intellectual property rights,and the subject of rights is not clear,effective protection cannot be carried out by the existing intellectual property law,or even hinder the realization of the right of traditional culture interest.Since the 1950s,the International organizations and countries around the world take more and more attention to traditional culture.And the questions about the legal protection of traditional culture are also on the agenda.Such as the World Intellectual Property Organization and UNESCO jointly launched the "copyright law" in Tunisia,help developing countries build the protection mechanism of traditional culture.In India traditional knowledge digital library provide data retrieval for the traditional culture,and the effective protection of the interests of the traditional culture.Our country doesn't have the special legal system of the protection of traditional culture.Only have a few protection regulations and local regulations,have the lack of effective protection mechanism of law.So we should draw lessons from foreign experience to establish suitable legal protection mode for China's traditional culture protection.Carrying out a separate legislation combined with comprehensive legislation,and special protection mechanism.Implement the disclosure of origin of genetic resources and benefit sharing system of traditional culture and establish database retrieval system about traditional culture,in order to fundamentally realize the inheritance of traditional culture and retained.