The Saviour of Chinese traditional cultural expressions: Analysis of the Draft Regulations on Copyright Protection of Folk Literary and Artistic Works

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Abstract

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.

Original languageEnglish
Pages (from-to)27—54
Number of pages28
JournalQueen Mary Journal of Intellectual Property
Volume6
Issue number1
DOIs
Publication statusPublished - 1 Feb 2016

Bibliographical note

Publisher 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

Keywords

  • intellectual property
  • traditional cultural expressions
  • China
  • law

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