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On Protection of Intangible Cultural Heritage in China from the Intellectual Property Rights Perspective

Author

Listed:
  • Qing Lin

    (Xiamen Academy of Arts & Design, Fuzhou University, No. 852 Zigong Road, Jamey District, Xiamen 361024, China)

  • Zheng Lian

    (Fujian Buffing Law Firm LLP, 9/F, Westin Tower, No. 398 Xinhua Road, Siming District, Xiamen 361012, China)

Abstract

With the development of globalization, intangible cultural heritage (ICH) has come under increasing threat, making the safeguarding of ICH a crucial task for the governments and peoples of the world. This paper examines China’s current state of intellectual property (IPR) protection for ICH and proposes that ICH be placed under China’s legislative protection as intellectual property. Due to the immense diversity and complexity of ICH and the difficulty in reconciling various interests involved, the existing IPR protection mode faces many obstacles in practice. We present two case studies and three sets of recommendations on improving the protection of ICH in China. The first set relies on improving copyright protection for ICH, the second set relies on improving trademark and geographical protection for ICH, and the third set relies on improving patent protection for ICH.

Suggested Citation

  • Qing Lin & Zheng Lian, 2018. "On Protection of Intangible Cultural Heritage in China from the Intellectual Property Rights Perspective," Sustainability, MDPI, vol. 10(12), pages 1-19, November.
    • Handle: RePEc:gam:jsusta:v:10:y:2018:i:12:p:4369-:d:185009
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    Citations

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    Cited by:

    1. Jiancheng Lu & Xiaolong Luo & Peigang Zhang, 2019. "Rights–Values–Interests: The Conflict between World Cultural Heritage and Community: A Case Study of the West Lake Cultural Landscape Heritage in China," Sustainability, MDPI, vol. 11(17), pages 1-17, August.
    2. Bo Zhu & Si-Qi Tian & Chien-Chih Wang, 2021. "Improving the Sustainability Effectiveness of Traditional Arts and Crafts Using Supply–Demand and Ordered Logistic Regression Techniques in Taiyuan, China," Sustainability, MDPI, vol. 13(21), pages 1-14, October.
    3. Yuqian Wei & Hengyu Liu & Keun-Soo Park, 2021. "Examining the Structural Relationships among Heritage Proximity, Perceived Impacts, Attitude and Residents’ Support in Intangible Cultural Heritage Tourism," Sustainability, MDPI, vol. 13(15), pages 1-14, July.
    4. Seulah Kim & Dong-uk Im & Jongoh Lee & Heejae Choi, 2019. "Utility of Digital Technologies for the Sustainability of Intangible Cultural Heritage (ICH) in Korea," Sustainability, MDPI, vol. 11(21), pages 1-19, November.
    5. Han Li & Tian Zhang & Xiaoshu Cao & Lingling Yao, 2023. "Active Utilization of Linear Cultural Heritage Based on Regional Ecological Security Pattern along the Straight Road (Zhidao) of the Qin Dynasty in Shaanxi Province, China," Land, MDPI, vol. 12(7), pages 1-21, July.
    6. Jie Chang & Cheng Long & Song Lu & Rui Han, 2022. "Does Government Positively Support the Spatial Distribution of ICH? Evidence of Data from the Yangtze Delta Region of China," Sustainability, MDPI, vol. 15(1), pages 1-17, December.
    7. Teen-Hang Meen & Charles Tijus & Jui-Che Tu, 2019. "Selected Papers from the Eurasian Conference on Educational Innovation 2019," Sustainability, MDPI, vol. 11(23), pages 1-12, December.
    8. Weijun Hu & Mingxing Li & Xiaomeng Chi & Xinxing Wang & Asad Ullah Khan, 2024. "Intangible cultural heritage research in China from the perspective of intellectual property rights based on bibliometrics and knowledge mapping," Palgrave Communications, Palgrave Macmillan, vol. 11(1), pages 1-11, December.
    9. Ling Cao & Jie Yin, 2023. "Research on Sharing Behavior Strategy of Cultural Heritage Institutions Based on Evolutionary Game Theory," Sustainability, MDPI, vol. 15(13), pages 1-23, June.
    10. Chen-Kim Lim & Muhammad Zaffwan Idris & Yi-Chee Chan & Kian-Lam Tan & Minhaz Farid Ahmed & Mazlin Bin Mokhtar, 2023. "Journeying through Time: Exploring the 19th Century Old Transportation Legacy of Weld Quay, Malaysia," Sustainability, MDPI, vol. 15(13), pages 1-22, July.
    11. Changqing Sun & Hong Chen & Ruihua Liao, 2021. "Research on Incentive Mechanism and Strategy Choice for Passing on Intangible Cultural Heritage from Masters to Apprentices," Sustainability, MDPI, vol. 13(9), pages 1-13, May.
    12. Chenghong Cen & Guang Luo & Ye Tian & Boyu Fu & Yuxin Chen & Shanglan Huang & Tan Jiang & Guanghui Huang, 2024. "Enhancing the dissemination of Cantonese Opera among youth via Bilibili: a study on intangible cultural heritage transmission," Palgrave Communications, Palgrave Macmillan, vol. 11(1), pages 1-13, December.
    13. Tianxin Zhang & Yuliang Yang & Xin Fan & Shengya Ou, 2023. "Corridors Construction and Development Strategies for Intangible Cultural Heritage: A Study about the Yangtze River Economic Belt," Sustainability, MDPI, vol. 15(18), pages 1-22, September.
    14. Silviu Butnariu, 2019. "Engineering eHeritage—A New Approach for Study of Intangible Cultural Heritage. Case Study: The Analysis of the Noise Produced by the Dacian Dracon," Sustainability, MDPI, vol. 11(8), pages 1-20, April.
    15. Jiayin Zhang & Min Wang & Yinbin Lin, 2024. "Evaluations of Guangzhou’s brand building through intangible cultural heritage: a brand equity model," Place Branding and Public Diplomacy, Palgrave Macmillan, vol. 20(2), pages 119-129, June.

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