On Intellectual Property Protection Of Intangible Cultural Heritage In China

In the process of continuous inheritance and innovation of traditional culture and knowledge,various ethnic groups have jointly created unique intangible cultural heritage(hereinafter referred to as "ICH"),which is an important manifestation of China’s national spiritual wealth.With the proposal of cultural confidence and the concept of cultural power,the inheritance and development of ICH require more attention from us.In today’s world.developed countries are increasingly exploiting ICH from developing countries and making improper use of it in commercial processes,resulting in damage to the interests of the communities where ICH is located.This also goes against the values of ICH,and we should focus on seeking legal protection.At present,many countries have started to use intellectual property systems to protect ICH,but there are still many deficiencies in legislation and legal application,which cannot provide effective protection for it.Therefore,this study explores the issue of ICH protection in China from the perspective of intellectual property rights,and provides protection and improvement ideas based on domestic and foreign legal experience,in order to improve the intellectual property protection system,resolve the contradiction between ICH protection and inheritance,and better defend the national spiritual wealth.This article is divided into three parts,apart from the introduction and conclusion.The first part defines the characteristics of ICH and analyzes the intellectual property protection system.In China,the protection of ICH intellectual property rights plays a practical role and is of great significance.It not only helps to fill the gaps in the existing legal system.but also comprehensively protects ICH and maintains a balance of interests.The continuous development of the intellectual property system,the overlap of objects between ICH and intellectual property,and the economic value of ICH further enhance the feasibility of providing intellectual property protection for ICH.At the same time,the practice of the international community in the protection of ICH and the protected mode of ICH intellectual property in various countries have provided great reference value for the study of improving our country’s intellectual property system.The second section looks at the existing state of intellectual property protection for ICH in China and the issues therein,as well as the causes of such issues.This study examines the current situation of intellectual property protection for ICH in China from three aspects:legal.administrative,and judicial protection.In terms of judicial protection,cases related to copyright,trademark rights,patent rights and trade secrets of ICH are specifically analyzed.while the key infringement problems currently faced by ICH are listed.The difficulties in the application of copyright,trademark right,patent right and trade secret laws to NPL under the existing IPR system are discussed,and the reasons for the problems arising from the protection of IPR of NPL are analyzed in depth.In the third part,based on the aforementioned problems,the current legislative provisions and judicial status quo in China,as well as the experience of foreign legislation,are discussed and structured in terms of the legal system with special provisions on the subject of rights,protection time and recognition criteria.It discusses the improvement of the specific protection system of copyright,trademark,patent and trade secret,and explores the effective administrative and judicial support to strengthen ICH’s intellectual property rights’ protection in China.