The Protection of Folklore under the International Law
SU Ru-fei · Journal of Southwest Jiaotong University · 2009
The uncertainty of personal authorship in folklore has led to the debate about whether it should be included in the international intellectual property system,that is,the greatest obstacle in intellectual property of protecting folklore is constructing subject of right system.Personality legitimacy theory can provide the theoretical base because to protect folklore is to protect collective human rights. Folklore is completed bythe collective,so it is the collective,not government or other individuals who should be the subject of right;correspondingly,charitable trust model can be adopted in establishing the subjective right exercising system.