论文部分内容阅读
非物质文化遗产保护有利于保存文明多样性与弘扬传统文化,近年来受到国家、社会各界的重视。对非物质文化遗产采取何种法律保护手段也受到广泛讨论,主要观点有新型民事权利说与知识产权保护说,但在现实中均不具有操作性。对非物质文化遗产的保护唯有立足现实、具体分析,区分非物质文化遗产本身与其衍生品,既注重积极保护也重视防御性保护,才能有效地促进其开发、利用与保存。
The protection of intangible cultural heritage is conducive to preserving the diversity of civilizations and promoting traditional culture. In recent years, it has gained the attention of the country and the community. The legal protection measures adopted for the intangible cultural heritage have also been widely discussed. The main points of view include the claim of new type of civil rights and the protection of intellectual property rights, but in reality they are not operable. Only by basing ourselves on the reality, specifically analyzing and distinguishing the intangible cultural heritage itself and its derivatives, can we effectively promote the development, utilization and preservation of the intangible cultural heritage by focusing not only on active protection but also on defensive protection.