Cross-border development and intellectual property protection of national medicine in the post-intangible cultural heritage era(PDF)
《长安大学学报（社科版）》[ISSN:1671-6248/CN:61-1391/C]
- Issue:
- 2017年02期
- Page:
- 89-94
- Research Field:
- 法学
- Publishing date:
Info
- Title:
- Cross-border development and intellectual property protection of national medicine in the post-intangible cultural heritage era
- Author(s):
- LUO Shu
- School of Law, Southwest Minzu University, Chengdu 610041, Sichuan, China
- Keywords:
- ; National medicine; intangible cultural heritage protection; cross-border development; intellectual property protection; independent intellectual property rights; administrative protection; three aspects
- PACS:
- D923.4
- DOI:
- -
- Abstract:
- The Intangible Cultural Heritage Law of the People’s Republic of China (hereinafter referred to as "Intangible Cultural Heritage Law") protects the national medicine which embodies the institutional logic of administrative protection of intellectual property rights. But in the post-intangible cultural heritage era, how to promote the sustainable development of national medicine and how to achieve the transformation of the economic development mode have become the problems need to be studied. This paper analyzed and theoretically summarized the institutional logic, internal requirements and protection objectives of administrative protection of intellectual property rights to the national medicine intangible cultural heritage (hereinafter referred to as "Intangible Cultural Heritage "). The results show that the expression form of non-material form of national medicine culture is intellectual property, which is regulated by the intellectual property system from the legal attribute. However, the existing laws have the problem of lack of judicial protection on rights attribution and rights content in the national medicine culture and the national medicine culture expression form as well as the intangible cultural heritage protection of national medicine. In order to improve the quality of the inheritance and development of national medicinal cultural property and the market competitiveness, the national medicine needs to transit from the single structure of "cultural heritage" to the three aspects of property structure, including "cultural heritage, cultural products and services and intellectual property". It also needs to form various innovative development methods of trade in goods, trade in services and intellectual property trade, use new carriers and new transmission mode to carry out cross-border development, and actively develop cultural derivative products and services to promote the cross-border integration agglomeration of national medicine cultural expression resources and other resources by means of cross-border development to achieve property structure transformation. The focus of administrative protection on intellectual property rights of national medicine should be transferred from "preservation and protection" to "promotion of intellectual property rights" in the post-intangible cultural heritage era. The research and application of independent intellectual property rights of national medicine should be promoted, and the local national medicine regulations also should be formulated timely, which can build and protect the national medicine brand to promote the national medicine intellectual property trade and financing.
Last Update: 2017-05-23