A Study On The Legal Relief Legal Relief Of Derogatory Use Of Folk Literature And Art In China

The derogatory use of folklore expression refers to the fact that any person other than the folklore of art expression expresses damage to the expression of folklore and literature,such as distortion and falsification of folklore expression beyond the traditional scope and habits.The general term for the for-profit use behavior of mental damage).It is a violation of the right to expression of folklore that requires relief in the Protection of Traditional Cultural Expressions:Draft Articles of the World Intellectual Property Organization(WIPO).With the rapid development of market economy and the lack of legal control,including the lack of legal remedies for the expression of folk literature and art by intellectual property laws such as copyrights and trademark rights,and the lack of relevant provisions of local legislation,the qualifications of the rights groups in judicial practice are difficult to obtain.The lack of satisfaction,etc.,which makes the relief of folk literature and art expressions of defamation use is very difficult to remedy,so that this phenomenon has rapidly expanded in our country and quickly spread to our cultural fields,and the national feelings of the rights groups expressing folk literature and art And national beliefs have caused some damage.In this context,how to design effective legal remedies is particularly important.This article summarizes the successful experiences of some countries and organizations outside the region in providing legal remedies for defaming use of folklore.For example,Australia uses the group litigation system to grant rights group litigation subject qualifications so that it can promptly file lawsuit claims and remedies;otherwise,the United States makes full use of it.Protection of Native American Indications by the Trademark System;and Remedy of"Restorative Justice Measures"(Determining the Application of the Measures According to the Nature and Degree of Infringement)provided for in Article 10 of the "Protection of Traditional Cultural Expressions:Draft Articles" of the World Intellectual Property Organization the way.Based on this and combined with China's national conditions,it puts forward some suggestions on the construction of the legal remedy system for the derogatory use of folk literature and art expression in China.Specifically,it can introduce a public interest litigation system and appropriately relax the qualifications of the litigation subject so that the rights groups can satisfy the litigation subject.Conditions,in the case of violation of their rights,claiming judicial relief;making full use of the system of geographical indications in trademarks to take advantage of the timeliness of administrative procedures to provide timely relief to geographical indications of registered trademarks with national characteristics(unregistered trademarks may not As a prior right to be remedied,effectively curb the spread of harm.In a word,in the situation where the use of defamatory use in folk literature and art is frequent but relevant legal remedies are missing,we can find practical ways to adapt to China's national conditions in the successful experience of relevant legal remedies outside the region,and further deepen the The study of literary and artistic expressions of defaming use of legal remedies has accelerated the construction of a legal remedy system for the derogatory use of Chinese folk literature and art.