Research On The Property Rights Of The Development And Utilization Of Intangible Cultural Heritage And Its Governance

In the context of a new era,the economic value of intangible cultural heritage has been widely recognized.In China,intangible cultural heritage has become a shining sign of economic development and cultural prosperity,and even a competition object for many regions and groups.However,due to the relative inadequacy of national intangible cultural heritage protection experience,the relative lack of institutional property rights provisions,and the unique attributes of intangible cultural heritage itself,a series of property rights problems gradually emerge in the development and utilization of intangible cultural heritage.As a treasure in the field of national intangible cultural heritage,"Nanjing Brocade" is typical to explore and analyze the problem of property rights in its industrialization development.The first part of the paper expounds the author's reasons for choosing the topic,reviews and sorts out the domestic research on the property rights and governance of intangible cultural heritage.The second part,first,summarize the connotation and basic characteristics of intangible cultural heritage property rights,secondly introduces the economic folklore theory,economic anthropology theory,heritage economics theory and economics of property rights theory and so on interdisciplinary theoretical knowledge to analyze the industrialization development of heritage,which lays a theoretical foundation for the exploration and analysis of the compound attribute of intangible cultural heritage property rights below.The third part,from five dimensions of politics,economy,culture,society and symbolic capital,analyzes the composite composition of intangible cultural heritage property rights in detail,and introduces the case of "Nanjing Brocade".The fourth part,through the analysis of the historical evolution and development status of "Nanjing Brocade" property rights,points out the existing property rights problems in the development of "Nanjing Brocade":counterfeiting,the infringement of enterprise name and trademark,the copyright dispute of brocade pattern,the transaction of enterprise property rights and so on.Then combined with the composition of composite property rights above,the causes are analyzed in turn.The fifth part,discusses the necessity of intangible cultural heritage governance,and puts forward targeted governance countermeasures from the perspectives of political capital ownership,economic capital ownership,social capital ownership,cultural capital ownership and symbolic capital ownership.This research focuses on the discussion of the common property rights problems in the industrialization development of intangible cultural heritage,and makes it clear that intangible cultural heritage governance is the key focus area of intangible cultural heritage protection.It is necessary to combine the composite property rights form of intangible cultural heritage and establish a multilevel governance path based on the subject of intangible cultural heritage property rights.The government consummates the legal system construction,and strengthens the supervision;Make clear the economic rights of the subject of property rights and carry out the property rights transaction reasonably;To build a stable and harmonious relation among the subjects of property rights;To ensure that the subject of property rights possesses the corresponding cultural capital;Strengthen brand publicity and enhance public awareness.