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Traditional Martial Arts Protect Ion Based on Intellectual Property Rights

Author: ZhaoFuBin
Tutor: LiJianWen
School: Shanghai Institute of Physical Education
Course: National Traditional Sports
Keywords: intellectual property rights traditional Martial Arts protect
CLC: G852
Type: Master's thesis
Year: 2013
Downloads: 53
Quote: 0
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Abstract


Traditional martial arts is an important element of the intangible cultural heritagein China, is also the state and the nation have a valuable asset. Martial Arts as part ofthe national traditional sports, is a kind of intellectual achievements, should be subjectto the protection of intellectual property rights in the copyright, trademark and otherlaws and regulations.The interests of the traditional Wushu repeated infringement, the traditionalmartial arts disappear at an alarming rate, and the rescue and protection efforts havebeen far less than the deterioration of the situation. Today, traditional martial arts isstill beyond the scope of intellectual property protection, specialized Protection Acthas not yet introduced, resulting in no legal basis for the status quo of traditionalmartial arts. From a legal perspective, to strengthen the protection of traditionalmartial arts, carry forward the Chinese traditional culture is a priority. Therefore, thetraditional martial arts are included in the scope of protection of intellectual propertyrights, and learn from the successful experience of the international non-left "toprotect the commercial potential of the traditional martial arts dig, legislation toprotect the exclusive rights of traditional martial arts heritage and interests; in theimplementation of the" intangible cultural heritage protection Act "at the same time,modify intellectual property law, improve the commercial use and protection of thetraditional martial arts system; protect public practitioners and the legitimate rightsand interests of the traditional martial arts; balancing the interests of all parties toovercome the negative factors in the process of traditional martial arts protection fortraditional development and dissemination of martial arts to create a good legalenvironment for the survival and continuity of traditional martial arts in the "Living".Faced with an increasing number of infringement cases, it is urgent to the introductionof the Protection of Traditional Wushu a practical way. How to provide practical andeffective protection for traditional martial arts in the intellectual property field ofvision, making it towards world flourish guarantee.Elaborated the characteristics and value of traditional martial arts foundation toexplore the relationship between traditional martial arts and intellectual property, aswell as the legal status of the traditional martial arts; protection of traditional martialarts history and the dilemma faced by the analysis; clarify the intellectual propertyrights of traditional the feasibility of the Martial Arts protection. In addition, thenational intangible cultural heritage items elbow hammer intellectual property protection difficulties and feasibility analysis and related conclusions. Finally, fromthe legal system and the internal and external level of protection of the environmentare given a way out of the protection of traditional martial arts, to provide targeted forpolicy makers countermeasures and suggestions.

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CLC: > Culture, science,education, sports > Sports > Martial arts and ethnic forms of sports > Chinese martial arts
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