Research On Intellectual Property Protection Of Folk Crafts

From the beginning of slash-and-burn cultivation,material culture and spiritual culture complement each other and support each other all the way to create a broad and profound Chinese culture.Folk handicraft has become a valuable heritage in the history of human civilization with its characteristics of being close to human life,rich and colorful,integrating art and practice.However,with the aggravation of the trend of globalization,Chinese folk crafts are gradually declining in the era of industrialization.At the same time,based on the value identity of cultural diversity,they are consumed as a heritage resource.On June 1,2011,the Law of the People's Republic of China on intangible cultural heritage came into force,which has been protected by administrative law.However,the protection of public power is not enough.This paper studies the protection of intellectual property rights of folk handicraft based on the lack of private power protection in China.This paper is divided into five parts from the perspective of cultural context and legal context.In the first part,the paper-cut in northern Shanxi,a typical representative of Chinese folk arts and crafts,is introduced to understand its development status and analyze its problems and dilemmas in development and protection.In the second part,the basic theory of intellectual property protection of folk crafts is discussed in depth,including the concept and characteristics of folk crafts,the discrimination of related concepts and the analysis of the necessity of intellectual property protection.The third part elaborates the choice of protection mode of foreign folk handicraft,and introduces three protection modes represented by Japan,the United States and Panama.The fourth part,the current situation of legal protection of folk crafts in China,the dilemma faced by intellectual property protection of folk crafts,and on the basis of in-depth analysis of the protection mode,put forward the formulation of special intellectual property law to protect folk crafts in an all-round way.The fifth part puts forward some suggestions on legislation of special intellectual property rights of folk handicraft in China.