Research On Intellectual Property Law Protection Of Minority's Intangible Cultural Heritage In Xinjiang

As China's first cultural and legal landmark,the “People's Republic of China Intangible Cultural Heritage Law” has been put into its implementation for these years,And the protection of intangible cultural heritage is carried out rapidly work on.In the party's Eighth Plenary Session,“The construction of traditional Chinese cultural heritage system,strengthen the protection of cultural heritage,revitalize the traditional process”plan has been put forward,it is proposed the importance in the new Five-year plan in the cultural construction.As the subordinate concept of intangible cultural heritage,the importance of the intangible cultural heritage of ethnic minorities is no doubt.The intangible cultural heritage is the minority areas is the characterization of memory,regional culture,national identity,is showing the course of development of ethnic cultural factors.Do a good job of intellectual property protection of intangible cultural heritage,is conducive to the ethnic cultural landscape shine,hard power can promote the economic development of ethnic areas,to improve the overall competitive force.Xinjiang Uygur Autonomous Region because of its unique geographical advantages and rich historical with cultural traditions,its minority intangible cultural heritage than other regions more ethnic regional characteristics.The local government always focused on the region of ethnic minorities intangible cultural heritage protection: in 2008,promulgated the “Regulations of Xinjiang Uygur Autonomous Region on the protection of Intangible Cultural Heritage ”,n 2011,promulgated “Regulations of Xinjiang Uygur Autonomous Region on the Protection of Uygur Muqam”.It's the first time local individual legislation order to protect the "representative of the intangible cultural heritage" to promulgated law,tit's fully embodies the characteristics of local legislation in the Xinjiang.In the aspect of the administrative protection,Xinjiang Uygur Autonomous Region has made good protection work for the development and utilization of intangible cultural heritage.However,with the economic development and social progress,it is unable to fulfill the development requirements of intangible cultural heritage protection by only relying on administrative enforcement.Along with the minority cultural heritage into the market area,starts with the commercial development and utilization,increasingly intellectual property disputes require legal relief to provide civil rights protection.This thesis based on the construction and optimization of the legal protection system of intellectual property rights of intangible cultural heritage of ethnic minorities in Xinjiang.Expounded the background research and the significance of this research.Analyzed the research on the intangible cultural heritage of ethnic minorities at both china and abroad,in order to clarify the protection of the intangible cultural heritage of ethnic minorities is the continuous development and progress.Combined with the Xinjiang ethnic minorities intangible cultural heritage of the geographical characteristics,special content and protection of the currently status,summarized the current legal situation status of Xinjiang ethnic minorities intangible cultural heritage,and sort out problems in it.Referenced other countries legal protection about intangible cultural heritage.Achieved the goal of intellectual property law protection of minority's intangible cultural heritage in Xinjiang.Puts forward the system of dual protection of ethnic minorities intangible cultural heritage in private right and public right,classifies the main body of the right holder,and proposes the protection system of minority intangible cultural heritage in Xinjiang and China,purpose to promote the development of the intangible cultural heritage of ethnic minorities.