Research On Intellectual Property Protection Of Intangible Cultural Heritage

In recent years,a number of infringement cases concerning intangible cultural heritage have been brought to the court,which makes the contradiction of its protection increasingly prominent.As a country with a variety of intangible cultural heritage resources,the state attaches great importance to its protection and has taken various measures.China has not only actively acceded to international treaties,but also formulated its own laws related to them.However,in the face of endless problems in practice is still powerless.As a law specially formulated for the protection of intangible cultural heritage,the intangible cultural heritage law,mainly from the perspective of administrative law,makes detailed provisions on how the government should take measures.However,there is no clear stipulation on the rights of the subject of rights.In this way,when facing the protection of private rights,there is no clear legal basis,which will lead to a series of problems.Combined with the characteristics of intellectual property of intangible cultural heritage,this paper aims to demonstrate and improve its protection system of private rights,so as to ensure the legal protection of rights and promote the healthy development of cultural heritage.This paper is mainly divided into three parts.The first part explains its basic concepts,clarifies the scope of intangible cultural heritage,differentiates protection and preservation,analyzes its rights characteristics,and summarizes the significance of protection.The second part through the international treaty,the international community and the domestic legislation protection present situation research,analyzes our country at present in the legislation protection aspect existence question;The third part,in view of the existing problems,on the one hand to improve the construction of legal relations,on the other hand to put forward Suggestions for improving specific issues.