On Intellectual Property Protection Of Intangible Cultural Heritage

The intangible cultural heritage refers to the various forms of traditional culture represented by the people of all ethnic groups from generation to generation and regarded as part of their cultural heritage,as well as the objects and places related to the traditional cultural expressions.This is the crystallization of the wisdom of all the people ethnic groups,with the maintenance of national and national cultural identity,heritage The development of the country is critical to economic construction and economic progress.But in the long run because of the lack of effective protection of Intellectual property and related non-material culture in China has been more and more prominent in the commercial development,such as improper use,derogatory use and the imbalance of the interests of legitimate owners.In addition,the intangible cultural heritage is also affected by the foreign culture, Part of the intangible heritage is gradually losing its own environment and its roots.survival worrying.Therefore,we need to further strengthen and promote the protection of relevant heritages and prevent improper use of relevant heritages.to solve the imbalance of the interests of the legitimate owners of intangible cultural heritage.After many years of discussion of the legal profession,China promulgated the "People's Republic of China intangible cultural heritage law" in February 25,2011,the main use of administrative means to protect the intangible cultural heritage,and the intellectual property protection of the intangible cultural heritage is of convergence at the end of the regulations,according to the existing intellectual property law for the protection Intellectual property can be defined as an intangible cultural heritage.This paper is based on the connotation of intangible cultural heritage,the protection of intellectual property rights of intellectual property right theory,necessity and feasibility of the protection of intellectual property rights through the analysis of the intangible cultural heritage,taking Nanjing as an example,according to the summary of intangible cultural heritage in Nanjing is described,and based on the patent,copyright,trademark,trade secret and other four aspects of the intangible cultural heritage legislation,intangible cultural heritage Intellectual property protection legislation main problems and reason in detail,then the system architecture proposed China's intangible cultural heritage protection of intellectual property rights.That is to improve the four types of system,the copyright protection system of intangible cultural heritage,the protection system of intangible cultural heritage,the protection system of intangible cultural heritage,and the protection system of intangible cultural heritage.