An Interests-balance Study On The Representative Inheritor System Of Intangible Cultural Heritage

Intangible cultural heritage is a traditional community of people fromgeneration to generation and considered as the sum of their cultural heritagecomponents of a variety of traditional cultural expressions. Today, thesafeguarding of the intangible cultural heritage of the significance of goeswithout saying. As a response to the issues of the times, in recent years, thehot topic of the Intangible Cultural Heritage of Intellectual Property Law.Knowledge products can be classified as non-material cultural heritage ingeneral, and intellectual property objects with similar, but non-materialcultural heritage and intellectual property elements and there are somedifferences. Most scholars agree to use the intellectual property system toprotect the basic ideas of the intangible cultural heritage, and some scholarshave even proposed to change the provisions of the existing intellectualproperty laws for the protection of intangible cultural heritage in order tobetter achieve both self-consistent.February25,2011, adopted at the19th meeting of the Eleventh NationalPeople’s Congress Standing Committee of the People’s Republic of ChinaIntangible Cultural Heritage Act. Unfortunately, the "non-Heritage Act andnot fully adopted academic advocates intellectual property protection path. Asthe Special law in the protection of intangible cultural heritage, the focus onthe protection of the administrative means, an Administrative Law. Therefore,the introduction of the "non-left" did not set off the climax of intellectualproperty law experts on the study of non-material cultural heritage, andacademia to respond poorly. But have to admit, this focus on the expertise ofthe intangible cultural heritage protection and inheritance law, is still of greatsignificance. The Intangible Cultural Heritage Act provides that the system ofrepresentative inheritors, the given representative inheritors correspondingrights and obligations. The protection of intangible cultural heritage is inseparable from human factors, representative inheritors of one of the mostcore strength. Representative inheritors never isolated the existence ofnon-material cultural heritage also involves third-party use of the public oftheir community, eager to take advantage of the intangible cultural heritage aswell as their demands are not specific public body. It can be said that thecomplexity of the intangible cultural heritage stakeholders involved fargreater general knowledge products. Interest between the main body attachedto the intangible cultural heritage, intricate, inevitable conflicts of interests.Therefore, in order to better play the role of representative inheritors ofsystem, and ultimately to protect the heritage of the purpose of thenon-material cultural heritage, it is necessary to balance and adjust therelationship between the representation of heritage and its stakes behind, andso will be realized only the maximum value of this system.Due to the similarity between the two non-material cultural heritage andknowledge products, paper draw on the principle of the balance of interests inintellectual property law to clarify and balance the interests of the IntangibleCultural Heritage main. Specifically, this paper to the heritage of the people atthe center of representation, to balance the interests of the principles ofanalytical methods, trying to show between the interests of and balancedrepresentative inheritors of their rights and obligations, the representativeinheritors of the tradition of community residents, third-party use of thoserelationship. Finally, the article also demonstrates the non-material culturalheritage protection mode, which is also related to the system of representativeinheritors.This paper argues that: representative inheritors of their own rights andobligations need to be balanced; non-material cultural heritage of thecommunities where the public has a right to participate in the sharing ofbenefits of the intangible cultural heritage; representation of heritage as atraditional community representatives to participate in the third-party use ofnon-heritage license and benefit-sharing. Non-heritage protection mode, weshould establish special rights, which shall blend into inheritors representative system.Existing research results and more to explore the intangible culturalheritage as a whole from the perspective of the overall also mentioned itsbalance of interests, but more equitable interests focus on Intangible CulturalHeritage and the entire public. The Law on pure research system ofrepresentative inheritors very rare, the use of the principle of balance ofinterests it specializes in the innovation of this paper is the theoreticalsignificance. By this study, this article intends to cause great importance tothe people of Intangible Cultural Heritage complex pattern of interests, onlyto reconcile a good conflict of interest, in order to give full play to the valueof the system of representative inheritors, to protect non-material culturalheritage parties the interests of stakeholders in order to fully mobilize moreforces to maintain and pass on intangible cultural heritage, which is thepractical significance of this paper.