Intellectual Property Protection Of Folklore

Folklore is a national cultural treasures, protection of folklore is to safeguard culturaldiversity. As the economy continues to develop, the potential economic value of the folkloreconstantly been exhumed. In order to ensure the orderly development of the folklore, andprotection insurance someone even national interests, tirelessly to ensure a source of folkloreflowing, we are actively to explore the legal protection of folklore.My information through the network, TV information, all kinds of literature understands thedilemma of China’s folk art, and did not find a particularly effective way to regulate access to therelevant laws and regulations, thereby seriously consider reading based on a large number of theprotection of folklore literature summarizes the point of view of several scholars to carry outcomparative analysis, I have come to some immature idea formed relatively feasible protectionmeasures in the teacher’s instructions.Folklore age, and is well-known to the public. The subject of rights is not clear, Resulting inthe current intellectual property laws for its protection by a number of obstacles. This is clearlyunfair if only because some of the flaws and discharge of intellectual property law on theprotection of folklore. This thesis is to demonstrate the legitimacy of the intellectual propertyprotection of folklore, determine the folklore of intellectual property protection strategy, theintellectual property interests of the folklore.I think that the international community has made a lot of efforts on the protection offolklore, some methods, we can learn from, such as the three basic principles established by theCBD, WIPO to take the right to apply for the program does not require examination for novelty.But the purpose of the specific circumstances of our country, the intellectual property protectionof folk art can play a prominent role. Although some flaws, but you need to treat special thingswork, after modifications to intellectual property rights can be called for intellectual propertyrights under the special protection of the rights of the folklore. Through the analysis, I think thefolklore and not completely into the public domain, to take advantage of the special protection of the rights of, you can give full consideration to the protection of databases, prior rights protection,geographical indications, protection, design protection, the prior art protection, trade secretprotection measures. These measures can ensure that the legitimate interests of the groups, theestablishment of the benefit-sharing mechanisms, to ensure that the legitimate use of the ChineseFolk Literature and Art, the healthy and orderly development, to avoid the formation of a groupof cultural monopoly, to promote the sustainable development of the Chinese Folk Literature andArt.