Study On Trademark Conservation Of Intangible Cultural Heritage

China has a long history of more than 5,000 years.In the long process of history, industrious and ingenious people have created not only a brilliant Intangible cultural heritage,but also have imparted and enriched the national heritage of Intangible culture.However,convergence of culture accompanying with the economic globalization,made the protection of intangible cultural heritage faced with some problems.For example,folk literature in the dissemination process has been distorted and abused distorted and abused:as well as our country's intangible cultural heritage has been exploited and used freely by other country's organizations or individuals. Balancing the interests between inheritors and non-inheritors,inheriting and using intangible cultural heritage rationally,solving these practical problems has become a new topic in the world.A lack of system in intangible cultural heritage on the issue of intellectual property protection,therefore,choosing the model and designing legal system of intellectual property protection in intangible cultural heritage field has become an urgent issue.Due to the limits of research capabilities and time,this article only do some research on the protection of trademark law in intangible cultural heritage field.In this paper,through the empirical analysis and value analysis,author will attempt a definition of intangible cultural heritage at the start,and then discuss the necessity and feasibility of trademark law in the field of intangible cultural heritage protection,and ultimately make some suggestions to build the protection system of China's trademark law in intangible cultural heritage field through comparative analysis of current status of trademark protection law at home and abroad.This paper will discuss trademark protection law of intangible cultural heritage from the following four parts:First of all,on the basis of comparative analysis of the concept of intangible cultural heritage in United Nations "Convention on the Protection of Intangible Cultural Heritage" and China's enactment of the "National-level Representative of the Intangible Cultural Heritage to Declare Interim Procedures",author will define intangible cultural heritage on the view of the scope and concept,and summarize their characteristics.Secondly,through the comparative analysis of the basic characteristics of the intangible cultural heritage and relations between trade marks' characteristics,this paper will discuss the necessity and feasibility of trademark protection law,and reveal its starting point which paves the way for the article on the subject.Thirdly,from the perspective of comparative law,inspecting,citing legislation and judicial practice of international and domestic trademark protection law in intangible cultural heritage field,this paper will analyze and comment on the choice to adopting the system of trademark law to protect intangible cultural heritage.Finally,the combination of China's Trademark Law of the Intangible Cultural Heritage to protect the status quo,both at home and abroad in the Trademark Law of the Intangible Cultural Heritage Protection of the analysis of judicial practice,based on the construction of the Trademark Law of China's intangible cultural heritage protection system.With a view to the protection of intangible cultural heritage benefits.