In recent years,Developing countries and international organizations such as the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the World Intellectual Property Organization (WIPO) have gradually reached a consensus on using intellectual property rights to protect folklore and art。From the "Copyright Law of the People's Republic of my country" promulgated in 1990, it can be seen that China has an extremely cautious attitude towards the protection of bet365 kentucky bonus code and art copyrights。Until today,Principles for the Protection of Intellectual Property Rights of bet365 kentucky bonus code and Art、Concrete system construction、It is still undecided which model to adopt。But the emergence of copyright dispute cases,Making the research on intellectual property protection of bet365 kentucky bonus code and art in my country a top priority。
The connotation and extension of bet365 kentucky bonus code and art
Strict limitation of specialized concepts is essential in solving legal problems,Otherwise it will be unclear and irrational。Currently,There is no authoritative and unified definition of bet365 kentucky bonus code and art in the world,The reason why it is difficult to define lies in different countries and ethnic groups,Subject to specific history、Culture、Language and other effects,The use and understanding of bet365 kentucky bonus code and art are different。The author thinks,When defining the connotation of bet365 kentucky bonus code and art, we must start from the essence of bet365 kentucky bonus code and art protection,Understand its connotation and essence in a specific context。The English name for bet365 kentucky bonus code and art is “folklore”。“bet365 kentucky bonus code and art” includes two parts: “bet365 kentucky bonus code” and “folk art”。“bet365 kentucky bonus code” includes folklore、Story、Myth、Proverb、Song、Pattern styling、Rituals and other oral traditions and rhetorical arts in people’s life culture。“Folk art” includes folk arts and crafts、Music、Dance, opera and other arts created to meet the aesthetic needs of the people。Both have strong national style and local characteristics,Together constitute "bet365 kentucky bonus code and art"。
There are two ways to identify bet365 kentucky bonus code and art: generalization and enumeration。General methods use abstract standards,For example, the "Regulations on Representative Works of the Oral and Intangible Heritage of Humanity" formulated by UNESCO summarizes what is a "masterpiece" into four parts,The first is oral expression,The second is performing arts,The third is etiquette、Festivals and social customs,The fourth is practical knowledge of nature。The enumeration method is a concrete display item。The "Proposal for the Protection of Folk Creation" lists the forms and etiquette habits of folk creation、 Language and Literature、Myth、Architecture、Music and dance、Game、Handicrafts and other arts。Generally speaking,As long as it meets the academic elements or content of bet365 kentucky bonus code and art, it can be included in its research,The method of summarizing and enumerating is more reasonable,It is indeed adopted by most international organizations and countries。
Problems faced by the protection of intellectual property rights of bet365 kentucky bonus code and art
bet365 kentucky bonus code and art is an intellectual achievement that is constantly being created and developed。The intellectual property system is a legal system that provides exclusive rights to the intellectual achievements of the owners of intellectual achievements engaged in intellectual activities。Folklore is a kind of knowledge product,It is also an intangible intellectual achievement,Intangibility is the most fundamental characteristic of bet365 kentucky bonus code and art。Intellectual property rights adjust a kind of property interest,The objects protected are intellectual achievements,This kind of property interest relationship is caused by the utilization of intellectual achievements,Both are replicable。Folklore and art as a cultural form can be transplanted and copied。This portability and replicability also shows the cultural and commercial value of bet365 kentucky bonus code and art。The intellectual achievements of intellectual property objects can exist independently of the owner in time and space,Can also be copied and reproduced continuously。Both are innovative。Innovation in bet365 kentucky bonus code and art is an original creativity,Contains two stages of consolidation and development based on comprehensive inheritance。This kind of innovation must meet the requirements of intellectual property innovation,We must also maintain the original ecology and authenticity of regional ethnic traditional culture,Oppose deliberate innovation for the sake of innovation。
There are still obstacles in the protection of intellectual property rights of bet365 kentucky bonus code and art。First,Obstacles between the group nature of bet365 kentucky bonus code and art subjects and the individual nature of intellectual property rights subjects。Some people believe that bet365 kentucky bonus code and art are literary and artistic expressions that are collectively created and passed down from generation to generation,Represented to the world in the form of group creativity。The subject of intellectual property requires that the right holder is an identifiable author、Inventor、Trademark owner, etc.。Secondly,Obstacles between the public ownership of bet365 kentucky bonus code and art and the proprietary nature of intellectual property。Modern Western countries generally believe that bet365 kentucky bonus code and art are public domain property,The public can use it without paying any remuneration。The object of intellectual property protection is proprietary knowledge。Last,The traditional nature of bet365 kentucky bonus code and art objects and the obstacles to innovation of intellectual property objects。Intellectual property rights require that the object must be original or novel。Different innovativeness constitutes the internal basis for different intellectual achievements to enjoy different exclusive rights,But the traditional nature of bet365 kentucky bonus code and art is its inherent important feature。
Copyright model for intellectual property protection of bet365 kentucky bonus code and art
Copyright is a way to protect the interests of traditional cultural creators,A system that enables the public to share the benefits of bet365 kentucky bonus code and art。Copyright protection of bet365 kentucky bonus code and art, both internationally and domestically,It has been well demonstrated in terms of protection efficiency and interest balance。In the form of the work,Folk art works in bet365 kentucky bonus code and art、Folk songs and music works that meet the characteristics of copyrighted works。In terms of rights and content of works, copyright protection and bet365 kentucky bonus code and art protect two major aspects: economic and spiritual rights。In terms of how the work is used,Copyright works and folklore works can be copied、Adapted、Use in performances and other ways。Of course,Do not blindly apply the provisions of copyright law in full,First, we must clarify the subject of rights and the content of rights。
bet365 kentucky bonus code and art works are a cultural form closely linked to the production and life of national groups,It is the result of intellectual labor formed through long-term and continuous tempering by group members。This shows the collective characteristics of bet365 kentucky bonus code and art。Some opinions,The state can be the subject of rights to bet365 kentucky bonus code and art works,Use public power to further organize and utilize bet365 kentucky bonus code and art works。The author advocates,The state can be the subject of copyright in bet365 kentucky bonus code and art under the following circumstances。First, it is impossible to verify the source group of bet365 kentucky bonus code and art,The second is that one or several groups maliciously compete for a work of bet365 kentucky bonus code and art。In both legislation and judicial practice, we should focus on considering the subject of rights of bet365 kentucky bonus code and art works from the collective nature of them。
(This article is a phased result of the Heilongjiang Province Art Science Planning Project "Research on Intellectual Property Protection Issues of bet365 kentucky bonus code and Art Achievements" (2016D108)
(Author’s unit: School of Marxism, Suihua University)
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