Improve The Intellectual Property Protection Of Intangible Cultural Heritage

Intangible cultural heritage is an intellectual achievement formed by human in the long-term social life practice.It plays an important role in maintaining cultural diversity and promoting national unity with its rich value.In recent years,with the development of modern economy,the intangible cultural heritage of our country commercial development and utilization of more and more,many people do not attach importance to intellectual property protection of intangible cultural heritage,which led to the destruction of behavior more and more,coupled with the lack of clear legal provisions of the relevant law,how to protect the intangible cultural heritage intellectual property rights are not violated,has become the focus of increasing concern to the people.Under this background,this paper focuses on the case of the protection of intellectual property rights in the judicial practice of the intangible cultural heritage,through practice from theory to practice,a series of problems of intellectual property protection of the intangible cultural heritage,in order to build in line with China's actual need of the intangible cultural heritage protection system of intellectual property rights.In addition to the introduction and conclusion,this article is divided into four parts.The first part mainly from our country in recent years the intangible cultural heritage protection of intellectual property rights related judicial practice case to start,based on the case analysis,comparison and summary of these cases are common problems,creatively summed up the three main problems of infringement of intangible cultural heritage,and on the basis of intangible culture heritage is a special intellectual property right and the necessity of intellectual property protection of intangible cultural heritage analysis.The second part is the analysis of the current situation and existing problems of the intellectual property protection of the intangible cultural heritage.First introduces the current our country in this aspect of the conservation status from two angles of legislation and reality,and then put forward the system of China's intellectual property rights protection of intangible cultural heritage in a certain extent,but there are many difficulties: the subject of rights is not clear;the content of the right is limited;it is difficult to determine the nature of rights conflict;protection period;the object of the original is difficult to judge,on the basis of these key difficulties of analysis.The third part embarks from the foreign point of view,based on the world withinthe scope of the intangible cultural heritage protection of intellectual property legislation and practical experience of foreign countries,summed up the intellectual property protection of intangible cultural heritage from the legislative mode and the specific protection measures and evaluation from the perspective of the protection mode of the advantages and disadvantages.Inspiration to the perfection of the legal system of our country.The fourth part is on the basis of the foregoing content that China should establish a special intellectual property protection system for non material cultural heritage.According to the current situation of judicature and legislation of our country at the same time,learn from the experience of foreign legislation on basic principles should establish the system of intellectual property protection of intangible cultural heritage in China,and architecture from the subject of rights,the right content,right nature,protection time and identification standard to make special provisions of the legal system,in order to improve the knowledge property protection of intangible cultural heritage in China.