The Public Litigation System of the Protection of the Intellectual Property Rights of the Folklore
Sun Cai-hong · Journal of China Executive Leadership Academy Pudong · 2009
It has always been a focal point internationally to protect the IPR of the folklore.According to the designing of the traditional IPR protection system,the folklore belongs to the area,therefore it could be reformed freely by anybody.Presently,the folklore is opened to the public completely which means anyone can use it without prior approval and payment if he has the knowledge or capital.Thus,not only the public interest of the people who originated the folklore,but also the strategy on how to develop these things in a continuous way raised in recent years are neglected.On the other hand,the interest behind these folklore is in a embarrassment state since it could be rescued by nobody and by no means and therefore the inequality becomes more prominent.The idea to protect the folklore by establishing a public litigation system not only avoids the dispute as which is the best way to protect them,but also effectively contains the system on getting a intellectual property rights publicly.Thus,the public interest and the integrity of folklore could be assured.