论武术知识产权保护

On protection of intellectual property right of Wushu

武术具有民间文学艺术作品的基本属性,是我国传统民族文化的重要组成部分。在有关的国际公约和我国的法律中,已经将武术知识产权隐含其中,在相关知识产权理论研究与实践中也有所涉及。武术知识产权的保护具有精神权益和物质权益保护双重属性,应正确处理开发与保护、保护的“源”与“流”的关系。同时由于缺乏有关专门保护的法律,出现大量的侵权等影响武术健康发展的现象。因此,加强武术知识产权保护势在必行。

Wushu has the qualities of folk culture and arts, and is an important part of traditional cultures of Chinese nation. The protection of international property right of Wushu is also included in Chinese law, and also some international pacts and the researches and practices about this. The protection of Wushu has double qualities：consisting of mental and material. We should not only deal with the relations between exploiting and protecting, but also the membership between the root and develop of protection. Meanwhile, because of the shortness of special laws about it, a lot of appearances that affects the healthy developing of Wushu are arising, such as infringement of right. As for this, it is indispensable for us to reinforce the protection of intellectual property right of Wushu.