Protection Of Intangible Cultural Heritage In China's Intellectual Property Law

In the long history and the process of social development,Chinese people from different nationalities have created a wealth of intangible cultural heritage which is our valuable spiritual wealth.As we all konw.the intangible cultural heritage is passed on by oral narration so it is easy to be shocked,even be destructed by modern civilization.Therefore.it is imperative to strengthen the protection and heritage of intangible cultural heritage.In recent years, with Chinese accession to the International Convention on Intangible Cultural Heritage Protection, China has achieved many significant results in legal protection of intangible cultural heritage and promulgated the Intangible Cultural Heritage Act in2011, but overall, intangible cultural heritage mainly depends on administrative protection which can not meet the new protection needs in the process of commercialization.So this thsis based on the relationship between the intangible cultural heritage and intellectual property'object attempts to explore the way of protecting intangible cultural heritage from the view of protecting intellectual property.and then put forward some measures to protect it by referenceing some useful experience of foreign countries.In addition to the introduction and conclusion, this thsis is divided into four parts:The first part introduces the basic theory of the intangible cultural heritage.In the beginning, it introduces the concept about the origin and evolution of intangible cultural heritage by describing its course of development,and next in reference to several important characteristics including immateriality,nationality,inheritablity and activity,then regarding the distinguish on several concepts related to the intangible cultural heritage in order to facilitate a better understanding and protection about it.The second part analyzes the current protection situation of Chinese intangible cultural heritage.Based on the summary of legal protection course of Chinese intangible cultural heritage.it primarily analyzes the new Intangible Cultural Heritage Act and proposes the conception and classification,and then pionts out its important role in promoting heritage protection.In the next place.it combines the example of PoYa's songs book of Zhuang in Yunnan with some laws and describes several main measures in practice.Finally,putting forward the existing problems according to the current legislation and protection measures.Forthermore.it concludes that public law could not meet the needs of protecting the intangible cultural heritage,which paves the way below.The third part is mainly about the legitimacy regarding intellectual property protection of intangible cultural heritage.Begainning with the relationship between them,it firstly stated that the differences of them is existed but adjustable.Meanwhile,the legitimacy is pionted out based on the nature connection analyzed between them.Forthermore,intellectual property's opening characteristics make it possible that accepts intangible cultural heritage as its new object.And last,it summarizes three modes of international organizations and intellectual property protection to provide the basis for the protection of intellectual property rights in China.The fourth part presents the idea of protection of intellectual property of Chinese intangible cultural heritage.First it analyzes the protection modes of intangible cultural heritage in our country at this stage and concludes that except for the protection of public law,the protection of intellectual property regarding coordinating the relationship between the main parties is also necessary,Then,it is followed by analysis of construction of legal relationship in intellectual property protection,and at the same time specific system for the application of Chinese intangible cultural heritage is analyzed.