Study On The Originality Identification Of Folklore Derivative Works

In recent years,there has been many intellectual property community cases of folklore derivative works.Folklore derivative works is a new concept emerged in judicial practice in recent years.The author consulted the relevant judgments and found that the courts have different standards for identifying the originality of the folklore derivative works,the standards of identifying the originality of the folklore derivative works are not uniform,even some standards are unique in seeking innovative breakthroughs,in the face of situation,which makes identification of originality of folklore derivative works more important.Perfecting the identification will provide a direction for the court's judgment and provide a valuable institutional reference for improving judicial practice.Improving originality identification of folklore derivative works can help the craftsman and the public to balance the rights and interests,it helps to enrich,inherit and develop folklore,let folklore radiates vigor and vitality,at the same time,it can expand and enhance the international influence of folklore.This article is divided into introduction,text and conclusion,the main text has five parts.The first part is the specific case analysis.Simply quoting Hong Fuyuan's case,summarizing the focus of the case and analyzing the grounds of the court decision.The second part is the legal attribute of the folklore derivative works.By refining the concepts of folklore works,reanalysis the similarities and difference between the folklore works and folklore derivative works,then the author defines the concept of the folklore derivative works.Finally through collecting and analyzing the concepts to find out the unique characteristics of the folklore derivative woks.The third part is comparing and analyzing the provisions of folklore derivative works in the common law system and the civil law system,and further analyzing in the base of it.The fourth part is the originality identification of the folklore derivative works in China.Concretely divided into the standard of identification,the principle of identification and the method of identification.The fifth part is the problems and perfection in originality identification of folklore derivative works.It found that existing problems,and put forward a sensible proposal.