The Intellectual Property Protection Of Intangible Cultural Heritage Of Traditional Handicraft

Chinese traditional handicrafts,which is an important part of Chinese excellent traditional culture,have been created by various ethnic groups in China in the past for production and living,and are increasingly improved and developed.As an excellent traditional culture of the Miao people,Miao Embroidery is the crystallization of the wisdom of the Miao people.Its protection,inheritance and development are representative.In order to effectively develop and utilize non-heritage skills like Miao Embroidery,many places have begun to combine local traditional non-heritage resources to develop non-heritage industries and excavate the cultural and economic value of non-heritage resources like Miao Embroidery.However,at present,the protection of Miao Embroidery intangible cultural heritage in China is not perfect.The current Intangible Cultural Heritage Law and some local protection regulations mainly protect the intangible cultural heritage of Miao Embroidery from the aspect of administrative management,while the protection system of civil private rights is still lacking.As a result,in the process of inheriting and commercializing the non-heritage resources like Miao Embroidery,problems such as abuse and infringement of intellectual property rights have made the traditional cultural form of the non-heritage resources like Miao Embroidery a huge challenge.Therefore,it is necessary to pay attention to these problems to prevent the non-heritage resources like Miao Embroidery from being mutated and lost in the process of developing and inheriting.In addition to the introduction and conclusion,this thesis contains four parts.In the first part,the author mainly introduces why he chose Miao Embroidery in Taijiang County as the research object.Firstly,he introduces the historical,cultural and economic values of the inheritance of Miao Embroidery in Taijiang to this day,as a material cultural carrier,Miao embroidery records the history and culture of the Miao people and is a way of showing their own ethnic culture,so it has a strong historical and cultural value.Secondly,Miao Embroidery has begun to be built and developed as an industry,and has formed a scale in Taijiang County,helping the development of the local economy.However,driven by economic interests,a large number of machine embroidery imitations and counterfeits have appeared,making Miao Embroidery presents opportunities and risks in the process of development.And puts forward the necessity of intellectual property protection for the skill intangible cultural heritage.In the second part,the author firstly introduces the concept of intangible cultural heritage,and summarizes the relevant legal origins of Miao Embroidery technology as intangible cultural heritage,and defines the theory of Miao Embroidery as intangible heritage.On this basis,combined with the data obtained from the investigation,the civil foundation of the development of Miao Embroidery and the status of industrial development were analyzed.It is certified that Miao Embroidery has huge market value and needs to be protected through the intellectual property system.In the third part,the author analyzes the current legal protection status of Miao Embroidery in Taijiang County and the current situations and limitations of Miao Embroidery protection in the current intellectual property protection system.Then the author put forward a series of problems in the protection of Miao Embroidery through intellectual property rights,such as the unclear subject of rights and short protection period,and gave an analysis of these issues.The fourth part is on the basis of the analysis of the previous content,the author puts forward some suggestions on the improvement of the intellectual property protection system of traditional intangible cultural heritage.First of all,it points out that to establish the intellectual property protection principles of intangible cultural heritage of traditional handicraft,such as the principle of authenticity protection,people-oriented principle,and to protect in accordance with these principles.Secondly,it is proposed that the current intellectual property system should be improved through the supplementary recognition of the right subject and object,so as to better protect the intangible heritage of traditional handicraft.Finally,some suggestions are given on how the localities can do a good job of protecting the intellectual property of traditional handicraft.It is hoped that the intangible cultural heritage of traditional handicraft can be better inherited and developed with the help of the intellectual property protection system.