The Protection Of Intellctual Property Of Folklore

The historical origins of human was long, Folklore represents the more traditional fork literature and art in the history of human culture is a wonderful work of the cultural treasures of human history,reveals its significant business benefits and economic value in the are of knowledge economy,and the distortion of folklore,damage,abuse is very serious.Protection of folklore,not only at the international level did not reach a unified international standerd,also the relevant laws and regulations of our country of this is very principle and fuzzy.The first part,as defined in the definition folklore, analysis of the four legal characteristics of the folklore,in order to clarify the meaning of the object of study of folklore.The second part,the article analyzed the need for the protection of folklore,including culture values and the value of the estate. The third part,the article analyzed the legislative practice of the present protection of folklore,and evalued respectively from the international and domestic level. The four part,the article described the main stream view of domestic theoretical circles today on the mode of protection of folklore,in particular, copyright law protected mode, and agreed at the protected mode of the special law on the folklore. The fifth part,it regarts as the special law of folklore protection of ideas,including the protected subjects of rights,the rights to object, content of rights,rights period,the right to limit tort liability.