Abstract:
Intangible cultural heritage (ICH) is the crystallization of wisdom produced by traditional peoples or communities in the practice of long-term production and life. However, the tolerant and lax approach to the utilization of the "commons" has led to frequent cases of "inappropriate appropriation" of intangible cultural heritage, and the Intangible Cultural Heritage Law is unable to provide effective protection, so that the safeguarding of intangible cultural heritage is in a dilemma. Based on the dilemma of intangible cultural heritage protection, and based on the protection path of intellectual property system, a comprehensive protection system should be constructed with copyright, trademark, patent and trade secret rights as the core in combination with the WIPO Treaty on Intellectual Property, Genetic Resources and Related Traditional Knowledge. Among them, copyright protects folk literature and art works formed by re-creation of intangible cultural heritage, and according to the logic of hierarchical protection, original works, collated works and derivative works are protected in a hierarchical manner; trademark protects the mark of goods or services formed on the basis of intangible cultural heritage; patent protects inventions formed by utilizing genetic resources or other intangible cultural heritage; and trade secret protects the technology developed on the basis of intangible cultural heritage. Protecting technical secrets of research and development based on intangible cultural heritage. The intellectual property protection system of intangible cultural heritage is constructed with systematic thinking, with a view to realizing a balance between innovation incentives and public interest protection, and promoting the orderly and sustainable reuse of intangible cultural heritage.