The Study Of Intellectual Property System Innovation In China

In October 2003, UNESCO passed Convention for the Safeguarding of the Intangible Cultural Heritage, which made the protection of Intangible cultural heritage become a hotspot attracting the attentions from home and abroad. There are some blanks and limitations of protecting intangible cultural heritage by using existing intellectual property system, therefore, how to innovate and develop intellectual property system is an important issue that our country has faced currently.The thesis is divided into four parts to dissertate the topic:Chapter one illustrates and analyses the legislative purpose and the innovation approach of intellectual property system. Meanwhile, with the description of the new objects of intellectual property including integrated circuit layout, new plant varieties and three-dimensional mark, the thesis clarifies the innovation and opening of intellectual property system in order to lay a foundation for intangible cultural heritage which is the new object of intellectual property.Chapter two mainly studies the challenges of the existing intellectual property system from intangible cultural heritage. This section analyses the necessity and urgency of protecting intangible cultural heritage from various angles, and briefly describes the argument on whether using intellectual property system to protect intangible cultural heritage or not , which puts forward the analysis of the limitations and compatibilities between intangible cultural heritage and intellectual property system, and then studies that although there are some conflicts between intangible cultural heritage and intellectual property system, we still can solve them. There is much innovation space for the existing intellectual property system to coordinates with these conflicts which makes a foreshadowing for the innovation of the existing intellectual property system.Chapter three discusses the problems of intellectual property system on protecting intangible cultural heritage in our country. The thesis describes the legislative status of intangible cultural heritage in our country, and focus on the shortcomings and deficiencies of the existing intellectual property system on protecting intangible cultural heritage from the aspects of the subject, the object, related systems and rules, and the distribution of benefits, etc., which offers a breakthrough for specific innovations in the last chapter.The last chapter expounds innovations of intellectual property system based on the protection of intangible cultural heritage. With the learning and references of the legislation and judicial administration practice of the protection of intellectual property on traditional knowledge in other countries, this section proposes a number of specific ideas in accordance with innovations of intellectual property system in our country, which responds the mentioned shortcomings. This chapter is the core of the whole thesis in line with the topic.In a word, this thesis in-depth studies the issue of intellectual property protection on intangible cultural heritage, by using the methods of comparative research, historical research, empirical research, case assessment and survey, which has a great significance of both the intangible cultural heritage protection and the completement of intellectual property system in our country.