Research On Intellectual Property Protection Of Intangible Cultural Heritage

With continuous innovation and development of science and technology, thecultural and commercial value of Intangible Cultural Heritage （ICH）being discovered,use it improperly not only harm the economic interests and cultural rights of all theowner of intangible cultural heritage, but also sometimes hurt their national feelings, isnot conducive to national unity. In2011, our country promulgated the “law on theprotection of intangible cultural heritage”, it provides the basis for legalization ofChina’s intangible cultural heritage protection, But the law is too principles in thelegislative process, and for the protection of the rights of holders of intangible culturalheritage are not given clear and specific provisions, thus, being unable to achieve itscomplete protection. In order to achieve its complete protection, firstly the researchclarified the background of intangible cultural heritage, research of domestic andinternational, as well as basic concepts. Secondly, by analyzing the domestic andinternational intellectual property protection mode and the classic case of intangiblecultural heritage, draw conclusions: intangible cultural heritage protection ofintellectual property can be used. Analysis of China’s current defects of intellectualproperty protection of intangible cultural heritage, and make recommendations todirect protection of intellectual property of the intangible cultural heritage in differentways, such as copyright, patent, trademark and trade secret. From the subject of rights,the right to object, the protection of intellectual property rights to the contents todiscuss the intellectual property protection of intangible cultural heritage, pointed outthe problem. Eventually came to envisage: protection of intangible cultural heritageshould be based on "Intangible Cultural Heritage Protection Law" and give it protect ofprivate, such as Intellectual Property Law.