比较法视阈下民间文学艺术的知识产权保护重构

Econstruction on Intellectual Property Rights Protection of Folk Literature and Art in Perspective of Comparative Law

用法律手段保护民间文学艺术是知识产权保护"国际化"进程的需要,也是保护传统文化、增强文化自信、提升我国文化软实力的迫切要求。民间文学艺术的法律保护问题首先是由发展中国家提出来的,发达国家中对民间文学艺术保护相对较弱。比较法视阈下,民间文学艺术的知识产权保护尽可能既要与现行国内国际立法实现有效对接,又要坚持立法重构,以有效保护民间文学艺术传承、记录、整理和汇编者的合法权益。

It is necessary to protect folk literature and art by law in the process of internationalization of intel- lectual property rights and it is also an urgent requirement for the protection of traditional culture to strengthen cul- tural self- confidence, and enhance China^s cultural soft power. The problem of legal protection of folk literature and art is first put forward by the developing countries, and it is relatively weak in developed countries. In perspective of comparative law, intellectual property protection of folk literature and art shall not only effectively approach to the current domestic and international legislation and implementation as much as possible, but also adhere to the legislative reconstruction to efficiently protect the legal rights of inheritors, recorders, researchers and compilers.