The Classified Protection Mechanism of Intellectual Property of the Traditional Craft
The digital age has created opportunities as well as legal challenges for the protection and inheritance of the traditional craft.The frequent infringement of intellectual property rights reflects the defects and deficiencies of legislative guidance and judicial applicability.As a kind of traditional intelligence,the traditional craft is consistent with intellectual property.Due to the long history of the traditional craft,the variety of categories,the dual attributes of culture and economy,as well as the dual relationship between public and private interests,the legal protection of the traditional craft is bound to present complexity and diversity.Therefore,from the perspective of cultural evolution,we proposed the classification criteria of"cultural memes"of traditional crafts,namely"memes of physical state and object","memes of behavior and practice"and"memes of intangible spirit".They provide targeted classification protection ideas and corresponding strategies for the legislative improvement and judicial application of the traditional crafts:the protection of physical memes mainly based on copyright,behavioral memes mainly based on patent rights or trade secrets,and spiritual memes mainly based on trademark rights or geographical indications.They are expected to protect traditional crafts and relative intellectual achievements more effectively and prevent infringement.
traditional craftintellectual propertycultural memeclassified protectionintangible cultural heritage
万方数据
维普
