| Folklore is the crystallization of wisdom created by collectivity in which is rooted in folk.It is a significant part in the traditional culture.Certainly,its inheritance and protection should be thought highly of in the advanced times.Nowadays,our current legal system could not protect the folklore roundly and copyright law only could defend folklore limitedly.Thus,with the basement of improving the current legal system and referring the relevant provisons of law,building the sui gneris law to protect folklore is necessary.The paper through clearing the definition and range of folklore and its related conception,understanding the substantive characteristic of folklore,analyzing the current legal protection of folklore and imitating the related legal provisions to search the appropriate protective way and make its development get better and better.The article is consisted of four parts.The first part analyzes the definition and range of folklore and its related conception.Different range has different object corresponding different law.Thus,the protective range depends on the range of definition.By analyzing the relation and boundary among folklore,expressions of folklore,works of folklore and derivative works of folklore,grasping the protective degree of folklore and making the orientation of protection explicitly.The second part deals with the comprehension of the collectivity of the folklore.Firstly,clearing the formality of collectivity in folklore.Secondly,analyzing kinds of characteristics of folklore to ascertain the essential characteristic.Thirdly,claiming the relationship between collectivity and public domain,then,making the orientation of protection more specific.The third part is about the present intellectual property protection of folklore,especially in copyright law.On the one hand,the copyright law could just protect a portion of folklore.On the other hand,patent law,design law,and anti-unfair competition law,may also have limitation to the protection of folklore.Therefore,the most suitable way is supposed to be sui generis law.The fourth part is on how to establish a proper legal protection system for folklore.Firstly,learning about the practice of protecting folklore internationally.Then,perfecting the current intellectual property law to protect folklore as much as possible.Making a well transition before the foundation of sui generis law so that there could have a more harmonious relationship among each law.Lastly,claiming the relationship between sui generis law and the copyright protection regulation of works of folklore,detailing the belongings of rights,demonstrating the approach of exercising rights,analyzing the content of rights and so forth. |
