Research On The Construction Of Access And Benefit-sharing System For Intangible Cultural Heritage In China

As a valuable cultural resource,intangible cultural heritage plays a non-negligible role in social development.With the increasing cultural needs of people,intangible cultural heritage has inevitably become the focus of excavation and utilization,and has received widespread attention around the world.After thousands of years of development,China has a rich intangible cultural heritage,and although China has established a relatively complete intangible cultural heritage protection system,there are still many problems in practice.Specifically,it is manifested in the obstruction of cultural dissemination caused by improper acquisition of intellectual property rights,cultural piracy in developed countries,biopiracy and imbalance in the sharing of intangible cultural heritage.So far,China is still one of the countries most seriously harmed by the improper exploitation of intangible cultural heritage.In order to change this situation,improve the legal protection of intangible cultural heritage,realize fair and equitable sharing of benefits between providers and users of intangible cultural heritage,and then protect the basic cultural rights of all ethnic groups and safeguard national cultural security,China urgently needs to build an access and benefit-sharing system for intangible cultural heritage.This paper discusses the legal protection of intangible cultural heritage from the perspective of access and benefit-sharing,analyzes the concept and connotation of the ABS principle,explores the combination of intangible cultural heritage and ABS principles from the aspects of participants and applicable objects,and argues the compatibility of intangible cultural heritage and ABS principles from the aspects of necessity and feasibility.Then,from the perspective of access and benefitsharing,the classic cases related to the protection of intangible cultural heritage are analyzed,and it is pointed out that there are problems such as imperfect legal system,imperfect management system and low social participation in the access and benefit-sharing activities of intangible cultural heritage in China.Then,in view of Chinese shortcomings in the access and benefit-sharing activities of intangible cultural heritage,the "intellectual property model" and "sharing model" of the intangible cultural heritage access and benefit-sharing system were discussed in depth,and the path suitable for Chinese national conditions was proposed.After that,he gave his own thoughts and suggestions from the level of legal norms,management systems,society and implementation mechanisms.At the level of legal norms,the elements that should be considered in legislation on access to intangible cultural heritage and benefit-sharing are analyzed from the legislative logic,and it is proposed to strengthen the convergence between laws related to intangible cultural heritage and laws related to access and benefit-sharing before the completion of special legislative work,so as to further improve the relevant provisions on intellectual property rights and strengthen legislative cooperation at the international level;At the management system level,through the optimization of the intangible cultural heritage inventory system,the establishment of a prior informed consent system,and a mutually agreed system to regulate access to intangible cultural heritage and benefit-sharing activities;At the social level,through strengthening social communication,diversify the participants in intangible cultural heritage access and benefit-sharing activities,and test the effectiveness of the implementation of the system through the establishment of pilot projects.Finally,taking traditional Chinese medicine as an example,the feasible path of the access and benefit-sharing system of intangible cultural heritage is explored.In the wave of globalization,we must always maintain cultural selfconfidence and vigorously carry forward and inherit the excellent traditional culture of the Chinese nation.The system of access to intangible cultural heritage and benefit-sharing not only helps to achieve fair and equitable sharing of the benefits arising from the development of intangible cultural heritage,but also helps to inherit and disseminate the excellent traditional culture of the Chinese nation.This paper puts forward thoughts and suggestions on the construction of an intangible cultural heritage access and benefit-sharing system,in order to provide certain theoretical and practical references for the legal protection of intangible cultural heritage in China.