Research On Intellectual Property Protection Of Intangible Cultural Heritage

The concept of intangible cultural heritage first appeared in official documents in the "Convention for the Protection of Intangible Cultural Heritage" adopted by UNESCO in 2003.Art,knowledge,skills,tools,handicrafts,cultural spaces,etc.Most countries and regions in the world attach great importance to the protection of intangible cultural heritage.Japan is one of the first countries to propose the protection of intangible cultural heritage.work has an important impact;the UK protects it in the form of specific legislation for specific intangible cultural heritage.Although different countries and regions have different protection modes for intangible cultural heritage,they all refer to the intangible cultural heritage registration system designed in the Convention for the Protection of Intangible Cultural Heritage to a certain extent.my country attaches great importance to the development of the legal system for the protection of intangible cultural heritage,and on the basis of the registration system,the "Intangible Cultural Heritage Law of the People’s Republic of China"and the "14th Five-Year Plan for the Protection of Intangible Cultural Heritage" are the basic boundaries.It is roughly divided into three stages:rescue and protection of intangible cultural heritage,development and protection,and dissemination and protection.As the economic value of intangible cultural heritage is gradually paid more attention,the demand for the protection of private rights of intangible cultural heritage is increasing day by day,and the traditional administrative protection mode has gradually become stretched in practice.In the field of private rights protection,the type of private rights system most similar to the object of rights and intangible cultural heritage is the intellectual property system.At present,my country has only made principled regulations on the application of intellectual property rights for the protection of intangible cultural heritage,and has not designed a specific institutional framework.This is because the complete application of the intellectual property system to intangible cultural heritage will cause double dilemmas in theory and practice..Taking Zibo Wuyin Opera as an example,on the one hand,in theory,the intellectual property system of intangible cultural heritage will face difficulties in identifying the subject of rights,lack of legal basis,difficulty in meeting originality standards,inability to define the term of protection,tragedy of the commons and anti-commons.On the other hand,in practice,there are still local protectionism and departmental protectionism in the administrative protection mode of intangible cultural heritage intellectual property rights,which leads to problems such as rights rent-seeking and idle resources.This paper believes that,on the premise of the characteristics of intangible cultural heritage,in order to avoid conflicts and loopholes in the application of copyright,trademark and patent rights,a special protection system for intellectual property rights of intangible cultural heritage should be established.The way of obtaining the subject of intellectual property rights of intangible cultural heritage,the scope of the object of rights,the content of rights,etc.,should be a compromise between "tragedy of the commons" and "tragedy of anti-commons",so as to realize the practical protection of intangible cultural heritage.