A Study On The Protection Pattern Of Trademark Law For Intangible Cultural Heritage

Intangible cultural heritage is the cultural treasure passed down by countless Chinese people.It has characteristics of folk nature,dynamic nature and diversity,and it is great value to the construction of national cultural sovereignty.The study of the patterns of intangible cultural heritage protection of the trademark law starts from the concept,characteristics and relation between intangible cultural heritage and trademark system.The article combines with the problems existing in the protection of intangible cultural heritage in reality,as well as the lack of copyright and patent rights,highlighting the superiority of trademark law protection.Then the article discusses the necessity and feasibility of adopting the trademark law protection mode of intangible cultural heritage,and tries to construct the trademark law protection mode of intangible cultural heritage that meets the needs of China’s national conditions.The construction of intangible cultural heritage trademark protection mode follows two approaches.Firstly,it discusses the definite ways to protect intangible cultural heritage by trademark law on the basis of general trademark,collective trademark and certification trademark.Taking the number of right subjects as the standard,the intangible cultural heritage is divided into individual intangible cultural heritage and group intangible cultural heritage.Individual intangible heritage can be protected by registered as a general trademark.Group intangible cultural heritage can be protected by registered as a collective trademark and certification trademark.Second,based on the protection mode of intangible cultural heritage,legislation,administration and judicature should make targeted adjustments,so that intangible cultural heritage can achieve complete protection effect by using the existing trademark legal norms and administrative management resources through the protection mode of trademark law.On the basis of the current Trademark Law of the People’s Republic of China,relevant provisions on intangible cultural heritage are integrated into the Trademark Law through legislative amendments and legislative interpretations.Legal protection content of intangible cultural heritage trademarks is practically embedded into the Trademark Law.At the same time,We should strengthen the responsibility of the Trademark Office and the Ministry of Culture and Tourism for intangible cultural heritage about Supervision,management and protection.We should improve the procedure of public interest litigation concerning trademark protection of intangible cultural heritage filed by the People’s Procuratorate,and clear the way for the courts to litigate the trademark of intangible cultural heritage.In this way,an effective legal protection circle can be formed and the protection efficiency of intangible cultural heritage trademark can be improved.