The Research Of Intellectual Property Protection Of Folklore

Long ago, under the influence of intellectual property about "encouraging creative and protecting creative", people pay more attention to the law of the patent. But with the coming of the intellectual economic era, people are aware of the influence of the traditional knowledge, especially for the folklore, which is the foundation of the modern knowledge. But it is difficult for the people to protect folklore in the world. From the beginning of 1950's to now, many international organizations focus on the problem and try to solve it, but it is dissatisfy to us.In our country, the academe and legislation department research it from 1990's, it reach climax to research it in recent years. But it did not achieve notable advancement. According to principle of Constitution and National, it lacks concrete regulations. The law effect of the regional law of Yunnan and Guizhou province is low. So it lacks authority and oneness. Only the copyright law does embody the protection of folklore, but the concrete regulations do not appear till now. It makes the legist of the area of intellectual property right dissatisfy and disappoint.If we extend our overview, we should see there is some identity whether oversea or in our country about protection of folklore. According to discussion above, there is no principle and regulation to be accepted and no agreement to be signed in the world. So we may know that the delay of legislation should not attribute to the legislation department of nonfeasance, It is because that there aresome difficulties not easy to overcome. Especially, we should not only ascertain the intension and extension meaning of folklore, but also main boy and objection of it. Furthermore, We also understand the particular rule of folklore. Herein, the legislation of China can not deviate away the international circumstance, so I will cite and analyze the legislation and practice experience in the world. Then I will analyze the obstacle of the legislation in our country. Especially, I will analyze the problem on protecting folklore with copyright law. Later I will discuss the validity and feasibility about protecting folklore with special intellectual property right. Subsequently I will insist that we should protect folklore with special intellectual property right law. Moreover, I will analyze some key problems. Therefore, I wish that the legislators would recognize the problem of protecting folklore. Finally, I wish that it will construct the perfect regulation on protecting folklore.There are five chapters in the essay, apart from literature summarization, introduction and verdict. The first chapter will analyze the basic theory of protecting folklore, including the meaning and the specific regulation of folklore; The second chapter will discuss the problem of the main body and objection of folklore; The third chapter will introduce the legislation and practice experience of some countries, international organization and international pact; The fourth chapter will discuss the present situation and the difficulties of protecting folklore; The fifth chapter will advice how to protect the folklore with special intellectual property right.