Legislative Confirmation Of The Scope Of Protection Of Traditional Culture In The Perspective Of Intellectual Property

The denial of traditional culture intellectual property protection is related to vague identification of scope of traditional culture for the public and scholars in the perspective of intellectual property. In this thesis, the author makes a distinction between tangible traditional culture and invisible traditional culture. Besides, the author proposes whether invisible traditional culture can be divided into thinking traditional culture, artistic traditional culture and symbolic traditional culture based on some medium. Then the thesis demonstrate that artistic and symbolic traditional culture have the feature of "invisible entity", in order to make sure that traditional culture should be in accordance with the summation of artistic and symbolic traditional culture.Analysis and summary of legislation abroad and in China have laid a solid foundation or traditional culture protection in the perspective of intellectual property. Compared with universal type body, identification of community type body is more complicated. There are disputes of belonging between different communities and analysis of the body status after immigration. The author thinks that the dominant role of immigrates should be maintained on the basis of their works, however, their role are lost in the mode of coordinate standard.Besides the basic classification of object of right of traditional culture, the thesis proposes the distinction between protogcnetic and deductive traditional culture, and claims that strictly speaking, deductive traditional culture does not belong to traditional culture. The right of traditional culture includes spiritual right and property right. It emphasizes the effect of the authenticity, confidentiality and non-offence on the realization of right.The author makes suggestions of compensation, informed constent and benefit sharing tor protection of traditional culture intellectual property. Furthermore, we should admit the step-by-step transition from "free culture" to "fair culture" for public domain.