Research On The "Cultural Exception" In The International Trade Of Traditional Cultural Products

Traditional culture is the cultural cornerstone of human existence,and it is also an inexhaustible treasure house of human wisdom.When people continue to transform traditional culture into products,how to protect their cultural core is not the most important thing to protect traditional culture.With the deepening of globalization and the adjustment of trade policies in various countries,the proportion of cultural products trade in international trade is becoming more and more important.In the field of modern international trade,the development of cultural products trade in various countries is not balanced,and the quality of the produced cultural products is also uneven."Cultural exception",as an important clause for the protection of its own cultural industry,is of great research value and purpose.On the one hand,developing countries can make use of the principle of "cultural exception" to protect the healthy development of their cultural industries.On the other hand,developed countries can protect and inherit and develop excellent cultures in the world through recognition and compliance of "cultural exceptions".Traditional culture has both economic and cultural attributes.Both of these attributes exist at the same time but they should also be treated differently.In the modern international community,the consciousness of cultural crisis has awakened,and the demand for cultural sovereignty has also increased.Under this current situation,more protection should be given to the culture of traditional culture.Traditional culture needs suitable soil to ensure its growth and full development.In terms of vitality,traditional culture is tenacious but not as effective as new culture.With the help of a large number of capitals,emerging culture can branch out in different cultures in a very short period of time.Although it cannot be proved that traditional culture must outperform emerging culture in all aspects,traditional culture has unique economic value and research value.Before a certain traditional culture is thoroughly studied,it should not be placed in a potentially extinct living environment.In this contrast,the protection of traditional culture is particularly important.In the international trade of cultural products,"cultural exceptions" have a clear purpose ofprotecting culture.It is feasible to apply "cultural exceptions" to protect traditional culture.Through the study of the origin and evolution of the "cultural exception" clause,the development and application of "cultural exceptions" can be clearly defined.In the current rules of international law,the most important international legal documents relating to trade include,but not limited to,the rules of trade in goods and the rules of trade in services under the WTO.The Convention on the protection of the diversity of cultural expressions of the United Nations Educational and Cultural Organization(UNESCO),which has a clear demand for cultural products or culture.The study of the articles on "cultural exceptions" in the current rules of international law can make it clear what the international law requires for the trade of cultural products.For the study of the cross application and interaction ability between the two,we can study the cases triggered by the application of the "cultural exception" clause,and further clarify the specific application mode and method of "cultural exception".The future application and Prospect of "cultural exceptions" can help developing countries to clarify the path to the protection of their own traditional culture in the future.The existing international law rules do not distinguish the cultural products from other products.The legal provisions in WTO only allow members to explain it to a certain extent because of their broad usage.The "Convention" of the protection of cultural expression forms because of its high coercive force does not exist,there is no link between the program and the provisions of the WTO,which although countries protect their cultural industries have certain sources of international law can not be applied in practice.In the countries of the free trade agreement,"the application degree of cultural exception" clause is uneven,emphasizing the protection of traditional culture in western countries while increasing efforts to protect domestic cultural industry,but because the relevant dispute WTO rules of trade restrictions and trade agreement dispute settlement mechanism is not perfect,when dealing with disputes in international trade of cultural products cannot determine the trajectory can follow.At the same time,due to the addition of traditional cultural factors in cultural products,the protection standards of intellectual property rights of cultural products are more obscure.The extent to which countries respond to the TRIPS agreement isalso different,and the application of the elastic clauses in the TRIPS is also in different water.This situation is not only due to the different legislative level of the countries,but also because of the uncertainty of the TRIPS agreement itself.Countries that are willing to apply the "cultural exception" clause to protect their cultural products trade are hard to adapt to the rules of international law when they protect intellectual property rights of cultural products.Traditional culture is the condensation and application of a national wisdom,which can help a nation or country achieve remarkable achievements in a certain field.At the same time,at the present stage,the cultural development of the international society is flourishing,and the cultural exchanges between countries and regions are also deepened.In order to make good use of the cultural transmission ability of the cultural product trade,we must also protect the healthy development of the national culture.