In September 2014, Regulations on Copyright Protection of Folk Literary and Artistic Works,drafted by the National Copyright Administration of the People’s Republic of China, opened to thepublic for comments. This marks the beginning of the countdown for the adoption of intellectualproperty legislation for traditional cultural expressions (TCEs) in China. This paper brieflyintroduces the legislative history in relation to TCEs at an international level and in China, andthen discusses the highlights of the Draft Regulations. More importantly, the paper evaluatesthe practicability of Draft Regulations from the perspective of a balance of interests and privaterights, the terms used and relevant definitions, the identity of the special authority and theboundaries of rights to TCEs. Then the paper provides comments on improvement of theDraft Regulations, based on China’s situation and referencing international/regional/othernational legislative experiences.
Bibliographical notePublisher Statement: © Li, 2016. The definitive, peer reviewed and edited version of this article is published in Queen Mary Journal of Intellectual Property, 6, 1, 27-54, 2016
- intellectual property
- traditional cultural expressions