Queen Mary Journal of Intellectual Property

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

Luo Li *

Keywords: intellectual property, traditional cultural expressions, China, law

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 the public for comments. This marks the beginning of the countdown for the adoption of intellectual property legislation for traditional cultural expressions (TCEs) in China. This paper briefly introduces the legislative history in relation to TCEs at an international level and in China, and then discusses the highlights of the Draft Regulations. More importantly, the paper evaluates the practicability of Draft Regulations from the perspective of a balance of interests and private rights, the terms used and relevant definitions, the identity of the special authority and the boundaries of rights to TCEs. Then the paper provides comments on improvement of the Draft Regulations, based on China's situation and referencing international/regional/other national legislative experiences.

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