Research On The Legislation Protection Of Folklore In The Intellectual Property Domain

With the coming of the intellectual economic era, people renew their awareness of the influence of the traditional knowledge, especially for folklore, which is the foundation of the modern knowledge. Thus, more and more international organizations and countries realize that it is necessary for them to protect folklore. The problem arised by distortion and abuse to folklore by people need to be resolved by legislations in the intellectual property domain world wide. So far, the attitudes towards the legislation protection of folklore have not come to common in the international society, while our country is lacking for such legislation either. The urgent problem that needs to be resolved is to choose and design the legislation model which would best protect folklore.By using of the comparative research method, the author begins this article with introduction to the meaning and characters of folklore, and further analyses the legislation protection of folklore in the intellectual property domain.This artical concludes five parts. Chapter 1 introduces meaning and characters of folklore .At this base,there have some comparation about similar conception. Chapter 2 analyzes the Necessity and feasibility of use intellectual property law to protect the folklore . Chapter 3 with a comparative law aspect, under research to the actuality of the legislation and judicature practices by the international organizations and foreign countries, the author tries to compare and analyze the different kinds of intellectual property legal protection models to folklore. Chapter 4 introduces the actuality of China. Chapter 5 based on our country's actuality of legislation , conclusion the proporit choice of our country and estibilish a system of right.The creative of this article is the idear about intellectual property protect mode with "four in one".