Research On The Judicial Mechanism Of The Protection Of Intellectual Property Rights Of Intangible Cultural Heritage

The countries as well as areas along the Silk Road Economic Belt are are rich in intangible cultural heritage and the interaction and cooperation in the field of culture of the countries along it will have met new precious opportunities since the Silk Road Economic Belt was put forward in 2013.As currently envisaged,there will exist a certain degree of difference when the countries along the Silk Road Economic Belt strengthen intellectual property protection for intangible cultural heritage,which is tightly related to the level of the construction of the domestic intellectual property systems and the degree of integration into intellectual property rights systems in the world of the relevant countries along the Silk Road Economic Belt.The 34 countries along the Silk Road Economic Belt including both the majority of developing countries and the European developed countries,the level of whose economic development,political systems,religious and cultural beliefs are different,therefore,there exist many differences in the construction of the intellectual property system,international communication level and the protection consciousness of intellectual property rights.Most developing countries along the Silk Road Economic Belt commonly face the same challenge of the improvement of the domestic intellectual property system and the enhancement of international cooperation.Under the circumstance of the Silk Road Economic Belt,the improvement of the judicial protection mechanism of intellectual property rights of intangible cultural heritage has become one of the important parts of cooperation and communication of intellectual property rights of the countries along the Silk Road Economic Belt,which is certain to further improve the cooperation and communication of intellectual property rights in the filed of culture of the countries as well as areas along the Silk Road Economic Belt,also to escort the protection,exploitation and utilization of intangible cultural heritage among the countries as well as areas along the Silk Road Economic Belt and thus to possess great strategic significance to the achievement of common prosperity in the field of culture among the countries as well as areas along the Silk Road Economic Belt.First,the paper introduces an overview of the basic theory of intangible cultural heritage,mainly introducing the concept,features and types of intangible cultural heritage and setting forth the relationship between intangible cultural heritage and similar concepts.Second,the paper focuses on the analysis of the necessity and feasibility of the protection of intellectual property rights of intangible cultural heritage along Silk Road Economic Belt.Besides,the paper makes the comparative analysis of the remains and current situation of the protection,exploitation and utilization of intellectual property rights of intangible cultural heritage of the countries as well as areas along the Silk Road Economic Belt.And finally,the paper puts forward the idea of the improvement of domestic and international protection of judicial mechanism of intellectual property rights of intangible cultural heritage along the Silk Road Economic Belt,both including the idea of the improvement of domestic intellectual property rights legislation,the deepening reform of administrative system and the cultivation of intellectual property rights consciousness and including the idea of the establishment of international legislative mechanism of the protection of intellectual property rights,the improvement of linkage mechanism of administrative law enforcement,the improvement of Judicial assistance mechanism and the establishment of related supporting mechanism of intangible cultural heritage along the Silk Road Economic Belt.