The Adjustment Of Intellectual Property Interests Of Intangible Cultural Heritage

While the evolving trend of economic globalization, the situation faced by the intangible cultural heritage remains harsh. In this paper, points will set out from humanist, concerning and respecting for people's practical needs, focusing on the real value of the intangible cultural heritage while explaining theories in the new conditions. Based on the full understanding of its value system, the interests which could be regulated by law in the form of intellectual property could be allowed access to the market without distortion or misunderstanding of the cultural connotation, and then, distribute those interests by the intellectual property law at the first time. My main point just according to: Although there are certain differences between the specific content of the intangible cultural heritage and the object of the traditional intellectual property, those will not impact fundamentally on the intellectual property system. The barriers which exist under the legal regulation of the intellectual property in the macro-framework are not insurmountable.First in the paper, through the description and understanding of the interests in the form of intellectual property of intangible cultural heritage, pointing out that adjusting those interests by using the intellectual property means is important and urgent in the knowledge era.Second, make further discussion on the legitimacy of the protection of those interests,the intervention and possibility of a reasonable adjustment, Pointing out that the intangible cultural heritage has common aspects with the object of the property rights, the scope of them overlaps sometime. Also, the personal rights of intellectual property rights system are fit the spirit demands of the intangible cultural heritage.Third, to clarify that the interests can be explored and cured effectively under the mechanism of intellectual property, and achieve the value of property in the form of cost or capital in market environment through the interpretation of"the theory of motivation". Moreover, in this process, arrange the limits of the right reasonably to achieve a balance between the common users and the owner, rationalizing and resolving the issue of the theoretical precondition of the adjustment of intellectual property law.The last, to clarify the system bottlenecks and theoretical obstacles when the existing IP system is being applied to the field of intangible cultural heritage after learn the situation, and explore their compatibility under the whole framework of legal. I hope this paper could do some good to promote and develop the theory of the protection of intangible cultural heritage in the means of intellectual property.