Research Report On The Dilemma And Countermeasures Of Intellectual Property Protection In The Development Of Intangible Cultural Heritage Tourism In Guizhou Provinc

The tourism development of intangible cultural heritage is a very important way to carry forward and inherit intangible cultural heritage,but it also easily reduce the cultural value of i ntangible cultural heritage if this way is not handled well.Guizhou Province is a multi-ethnic province with rich intangible cultural heritage resources.In recent years,Guizhou Province has been working on the tourism development of intangible cultural heritage.Therefore,this paper takes Guizhou Province as the scope of research,through questionnaire survey and on-the-spot interviews to understand the specific situation of the development of intangible cultural heritage tourism in Guizhou Province,summarizes it’s practical and legal dilemmas,and puts forward corresponding legal countermeasures on the basis.There are many legal dilemmas in the process of intangible cultural heritage tourism development,the most serious one is the dilemma of intellectual property protection.At present,the protection of intangible cultural heritages is focused on the public law in China,there are many obstacles for right-holder to seek protection of private law,especially intellectual property.Therefore,perfecting intellectual property mode is an urgent problem to be solved.Aiming at the copyright,trademark right and patent right systems which fit well with the intangible cultural heritage protection in the intellectual property system,this paper analyzes the dilemma of intellectual property protection in the development of intangible cultural heritage tourism in Guizhou province,and on this basis puts forward the rescue countermeasures which can be used for reference in the whole country.The dilemma of copyright protection in the development of intangible cultural heritage tourism in Guizhou Province is mainly that the period of right protection is different and there are contradictions between species protection and specific tourism development product protection.The main dilemma of trademark right protection is the lack of brand of intangible cultural heritage tourism development products in Guizhou Province due to the weak protection awareness;The contradiction between the high cost of trademark registration and the poor profit of intangible cultural heritage tourism development in Guizhou Province;the contradiction between the finiteness of the object of geographical indication and the diversity of intangible cultural heritage tourism development.On the basis of summarizing the dilemma of intellectual property protection in the development of intangible cultural heritage tourism in Guizhou province,this paper puts forward the corresponding rescue countermeasures.For copyright,the indefinite period of protection shall be clarified and establish a profit distribution system;For trademark right,It is necessary to build the brand of intangible cultural heritage tourism development products in Guizhou province,construct the informed consent system and further develop the integration of intangible cultural heritage tourism development and geographical indications;For patent right,we can import the small patent system and improve the information disclosure system of intangible cultural heritage.