Research On Intellectual Property Protection Of Folklore

Folklore, is the crystallization of wisdom and culture heritage, which is created by the people of all countries in the world in the world in the long-term development of civilizations, is the enough power and inexhaustible source to maintain the survival and devolvement of each nation, but also is the culture foundation of the cultural and artistic innovation and the science and technology innovation. Therefore, in the world very early attention from intellectual property rights are put on the protection of the folklore. The folklore should be protected, which is specific provision in the fifteenth of "Berne Convention". UNESCO and the World Intellectual Property Organization as well as the" Bangui agreement" and the" Arabia Convention" also expanded the copyright protection of folklore objects, suggested to use intellectual property special legal protection of works and those who are not the modern copyright law protection elements. All these indicate that the international community for the legal protection of folklore is spare no effort.However, as our country industrialized process accelerate ceaselessly, lots of folklore is facing the danger of extinction; on the other hand, some excellent works of folklore is plagiarism, unauthorized use, distorted phenomena have occurred. As a result of the deficiencies of legal protection of folklore, lots of folk literary and art works could not be effectively saved.This paper argues that the folklore should be based on the traditional intellectual property protection, while strengthening the special legislative protection. In addition to the introduction and conclusion, the paper is divided into four parts to elaborate.The first part,the author mainly overview the protection of folklores. The folklore is to be focused on defining. One hand, the folklore is a very abstract everyday language; in the legal protection which is need to be a specifically defined. On the other hand, the academic circles are controversy over the understanding of folklore, which is also need to make a general discussion and definition. The second part, is introduced the Chinese folklore status quo and existing problems in the intellectual property right protection. One hand, from the national legislation, local legislation or other aspects, the essay initially presents the folklore current situation of intellectual property protection in our country. On the other hand, it analyzes and summarizes the deficiencies of the intellectual property of the folklore.The third part, elaborates the sources of international law of the folklore in the intellectual property protection. The essay, mainly from the international convention, regional international treaties and the framework of the United National protection, undertake an analysis. And in the base of the analysis, the essays discuss the enlightenment to our country.The fourth part is how to improve the intellectual property rights protection of the folklore. First, there are some suggestions to perfect our country existing intellectual property system, which is spiritually discussed from the copyright law, trademark law and the other intellectual property law. The second was also proposed to establish a special intellectual property rights protection mechanism of folklore in order to strength the protection of the Chinese folklore. At the same time, there are some suggestions to the national legislature,enact the special legislative protection of the folklore as soon as possible.Intimately, a new legislative mechanism is formed, which is based on the traditional intellectual property protection, is supplied by a special legislative protection and make due contributions to the China’s protection of folklore.