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| THE PROGRESS OF RESEARCH INTO THE PROPERTY RIGHT PROTECTION OF INTANGIBLE CULTURAL HERITAGE |
| WANG Li-xia, CHEN Rong-jie, XU Zhong-yuan |
| School of Tourism and The Institute of Human Geography, Xi'an International Studies University, Xi'an 710028, China |
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Abstract With the development of the society, the preservation of the diminishing intangible cultural heritage has become a top concern of the government and as a result, it has been placed on the top of the national agenda. In the past, experts and specialists tended to focus their study on the theory instead of the operational and feasible research owing to its endangerment and particularity. Therefore, there was a great lack of the research into the legal protection of the property right of the intangible cultural heritage. However, in recent years, there is a big change. Both academic scholars and businessmen at home and abroad have directed their attention onto the discussion on how to set up an effective legal mechanism for the property right protection and how to construct the corresponding regulations and concept of the intangible cultural heritage. This paper aims to provide a survey of the righteousness, the subject of the right, the object of the protection, and the protection modes on the basis of the present research in and out of China, through an analysis of the legal protection of the property right of the intangible cultural heritage in Japan, Korea, France, and Italy, etc., and the practice of legal protection of the property right in China. Hence this paper assumes that it's plausible to put the intangible cultural heritage under the present property right protection on the premises that the property right protection be used for reference. The community or the clan may be considered as the subject of the property right within the framework of the present law system so as to establish a kind of "legacy resource right" within the framework of the present property right in line with the "moderate principle".
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Received: 30 August 2008
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2009, Vol. 24 
