WIPO
E WIPO/GRTKF/IC/3/14
ORIGINAL: June 14, 2002
WORLD INTELLECTUAL PROPERTY ORGANIZATION
GENEVA
Intergovernmental committee on intellectual property and genetic
resources, traditional knowledge and folkloreThird
Session
Geneva,
June 13 to 21, 2002
Current status on the protection and legislation of national
folklore in china
Document
submitted by the Delegation of China
1.On June 13, 2002, the Secretariat of the World Intellectual Property
Organization (WIPO) received from the Delegation of China a document
for submission to the third session of the Intergovernmental
Committee on Intellectual Property and Genetic Resources, Traditional
Knowledge and Folklore, entitled “Current Status on the Protection
and Legislation of National Folklore in China.”
2.The document is reproduced in the Annex.
3.The
Intergovernmental Committee is invited to take note of this document
and the Annex to it.
[Annex
follows]
WIPO/GRTKF/IC/3/14
http://www.wipo.int/edocs/mdocs/tk/en/wipo_grtkf_ic_3/wipo_grtkf_ic_3_14.doc
CURRENT
STATUS ON THE PROTECTION AND LEGISLATION
OF
NATIONAL FOLKLORE IN CHINA
1. Status on the Protection of National Folklore in China
On the vast expanse
of this beautiful land of China and with a history of long standing,
the Chinese people have, over more than 5,000 years, created with
their diligence and intelligence rich and colorful national folklore
of geographical characteristics and national styles, composing of
myths, proverbs, music, dances, traditional operas, various forms of
folk art, customs, dwelling houses with local styles, dresses and
personal adornments, household utensils, national sports and so on.
The Chinese national folklore is just like a shining treasure house
that symbolizes national unity and bridges China with the world. It
has been a consistent policy of the Chinese Government to protect
historical and cultural heritage and carry forward traditional
culture of excellence. Since the foundation of the People’s
Republic, especially since the adoption of its policy of opening to
the outside world, the Chinese Government has made fruitful and
effective efforts in protecting and carrying forward its national
folklore.
A. Collection, Collation and Documentation of Folklore
Since 1950s, the
Chinese Government has started to mobilize people to save and
excavate folklore, and to record and sort out, according to the
various schools and styles of art, traditional operas, music and its
vocal music, music tunes, performing skills, facial make-ups,
costumes, stage properties and so on through note-taking, drawing,
music notation, sound recording and picture taking. Special
importance has been attached to the recording, collation and study of
the unique performing skills, experiences of, and historical data
held by, aged artists. The year of 1979 saw the launch of a
systematic project in collecting and collating folklore –
codification of ten collections and local annals of literary and
artistic works, namely, Collection of Folk Songs of China, Collection
of Folk Stories of China, Collection of Proverbs of China, Collection
of Popular Ballads of China, Collection of Folk Opera Music of China,
Collection of Folk Art Music of China, Collection of Folk Dances of
China, Collection of Folk Instrumental Music of China, Annals of
Operas of China, and Annals of Folk Art Music of China. Some 50,000
trained persons have been involved in conducting a comprehensive and
in-depth investigation across the country. According to incomplete
statistics, a total of 3,020,000 folk ballads, 7,480,000 proverbs,
1,840,000 folk stories, 350 different types of folk operas, more than
10,000 scripts of plays, 130,000 musical compositions in different
folk art forms, 150,000 folk instrumental musical compositions,
17,000 folk dances and 5 billion words of literature have been
collected. By now, 173 volumes of local annals have been published,
and it is expected that all the 300 sets and 450 volumes of
provincial volumes would be completed by 2004. The investigation and
collation of the national folklore heritage have saved and noted down
many gems of national folklore which were on the verge of being lost,
and have helped a lot of other national folklore heritage shine with
new radiance after being extravagated and collated. In addition, the
relevant information is being made into databases, and corresponding
R & D work is also being carried out. One can say that a rather
systematic and standard documentation has been established for
national folklore in China
B. Integration of Protection with Development for the Exploitation
of Traditional Arts and Crafts
Traditional
craftsmanship dates back long in the history of China, with its huge
varieties in type, exquisiteness in workmanship and uniqueness in
style. Among the world’s famous examples are embroidery,
brocading, cloisonné enamel and
tie-dyeing. The Chinese Government has adopted a policy of
integration of protection with development and improvement of
traditional arts and crafts. Over half a century, a large number of
light industry enterprises have been set up to conduct large-scale
development of traditional arts and crafts, so as to both meet the
material and spiritual needs of the people, and vitalize traditional
craftsmanship. As an effort to protect traditional arts and crafts,
relevant governmental agencies have been continuously in search for
traditional arts and crafts, and have collected and stored up many of
their master pieces. For those who have been long engaged in the
production of works of arts and crafts with a unique style and
outstanding achievements, the title of “masters of arts and crafts”
is granted, and their working environment improved. By now, 204
persons have been granted such a title. Technology secrets and trade
secrets in respect of traditional arts and crafts are also protected
by law in China.
C. Research, Teaching, Creation and Dissemination of National
Folklore through Multiple Channels
Research institutions
have been established by the Government at both the national and
local levels to focus on the study of folklore. Among them is the
Chinese Academy for Art Research, whose mandate is to collect,
collate, store and conduct research on the precious heritage of
national folklore such as Chinese music, dances, operas and fine
arts. After decades of work, their efforts have yielded rich fruits.
For example, the collation and publication of three folk epics –
King of Gesar of the Tibetans, Biography of Jianger of
the Mongols and Manasi of the Kalkhas – have caused
sensation throughout the cultural community all over the country.
Many organizations in the civil society have also been engaged in the
field of research and practice with an aim to carry on the national
folklore. Folklore-lovers in some cities, counties and townships
have formed their own associations. Out of the 230 or more
professional art colleges and institutes in China, quite a large
number have included teaching of national folklore in their
curricula. Subjects related to national folklore are also taught in
universities, and even in middle and primary schools in some areas.
These teaching activities have helped foster successors to carry on
national folklore expressions. In addition, there are over 2,600
professional art performing groups and thousands of self-organized
art performing groups, whose brilliant performances of national
folklore have also greatly helped the wide spread of national
folklore.
D. Salvage of Cultural Heritage of Imminent Danger, and
Prioritized Support for its Sustained Development
In respect of
traditional consummate skills on the verge of disappearing, the
Government has made efforts in having them recorded and collated on
the one hand, and, on the other hand, in providing adequate financial
support to the folk artists in order to encourage them to pass on
their skills to apprentices. The State gives prioritized support to
the most valuable cultural heritage of national folklore. For
instance, with an aim to carry on the art of Beijing Opera – the
so-called “quintessence of Chinese culture”, the Ministry of
Culture has set up a Steering Committee on the Vitalization of
Beijing Opera and a Foundation for the Art of Beijing Opera to
support the development of Beijing Opera. A Project of Collection of
Dubbing Beijing Operas with Images has been implemented whereby video
tapes are made on the basis of the sound recordings of leading
exponents of some key schools of Beijing Opera, for the purpose of
teaching younger generations. A Steering Committee on the
Vitalization of the Kunqu Operas has been set up under the
Ministry of Culture to vitalize the art of Kunqu, which has
been selected by the United Nations as a “master piece of oral and
intangible cultural heritage of mankind”. A ten-year plan for the
protection and vitalization of the art of Kunqu has been
prepared covering areas such as the conservation of data, training of
personnel, maintenance and innovation of plays and construction of
theatres. On the other hand, the State has also facilitated, through
financial allocations and encouraging social donations, the creation
and performance of art performing groups that focus on national
folklore.
E. Conservation of Living Environment for Cultural Heritage, and
Construction of Protection Zones for Cultural Biology
The living
environment for cultural heritage constitutes an important condition
for the sustained cultural development. It is of great significance
to preserve the cultural biology and to conduct in situ
conservation of the cultural heritage in the very communities and
environment that are suitable for its existence, in other words, to
keep it as “live culture”. Recently, work has been started to
construct protection zones for cultural biology in regions inhabited
by minority ethnic groups where cultural biology is well preserved.
In 1996, the Chinese Government constructed in cooperation with the
Government of Norway a museum of cultural biology – the first of
its kind in China – in Suojia Village of the Liuzhi
Special Region of Guizhou Province, where there are connected
villages and stockades inhabited by a branch of the Miao nationality
with a unique culture. Currently, western Chinese provinces where
many minority ethnic groups live are all planning such constructions.
For example, Guizhou Province plans to construct seven different
protection zones for the Miao, Bouyei, Sui, Dong and Yi ethnic
groups; and Sichuan Province has filed a request for the construction
of the same sort in its Aba, Liangshang and Ganzi areas mostly
inhabited by minority ethnic groups; the Xinjiang Autonomous Region
also has its plans for such constructions. According to the overall
plan, 30 protection zones for cultural biology will be constructed in
the western part of China.
F. Development of Various Incentive Measures to Carry Forward
National Folklore
The Government has
initiated a program whereby villages and townships are designated as
“land of folklore” and “land of art with distinctive features”,
thus encouraging the efforts of all localities to collate, protect
and develop national folklore. Since 1988, 322 townships and
villages with strong national style and artistic characteristics have
been designated as such. Many of them are designated, in accordance
with the locally popular artistic forms and customs, as “land of
kites”, “land of paper-cutting”, “land of yangge
dances”, “land of bamboo weaving”, “land of wood carving”,
and “land of waist drum dances”. In those regions with a
designation of “land of folklore”, activities with distinctive
artistic features are widely carried out by the local people, and
many traditional festivals and celebrations of a regional nature have
been resumed and further developed. Some regions have based their
development efforts on their distinctive culture, which in turn
brings along cultural industries, to promote both economic growth and
cultural development of their regions. One of the examples is the
International Kite Festival of the Weifang City in Shandong Province,
which has not only enhanced the impact of the art of kites at the
international level, but also promoted local economic and social
development. Another example is found in the Linqu County of
Shandong Province, where folklore industry mainly based on rare
stones, paintings and calligraphy has become one of the mainstay
industries in the region. In addition, the Government also organizes
regular art festivals, literary and artistic awards and exhibitions
to encourage the manifestation and sustained development of the
various forms of folklore.
With the development
of the modern society, however, the protection of national folklore
in China also faces problems, mainly in the following areas:
(i) Lack of successors for some national folklore expressions,
which are consequently in danger of being lost
Pounded by modern
civilization and foreign cultures, the spoken and written languages
of many minority ethnic groups are disappearing; the production scale
of some traditional crafts is being reduced, and their market shrunk,
putting the traditional cultural industry in a very difficult
situation. Moreover, some folklore expressions are no longer
appreciated due to the change of modes of life and thought, leading
to the disappearance of some traditional customs. Young people tend
to advocate modern civilization, show little interest in traditional
national art forms, and do not have motivation in learning and carry
on them, whereas holders of national folklore are getting older and
older, some of whom have passed away, leaving some of the traditional
skills or folklore on the verge of being lost or disappearing
completely.
(ii) Regular
occurrences of abusing and distorting national folklore
Some people simply go
to the communities to collect and collate, without authorization,
materials of national folklore, from which gain economic benefits and
appropriate research results, without paying back in any form the
communities who have created these expressions. Some people alter in
an arbitrary way the connotation of folklore so as to accommodate the
needs of the modern society and to gain commercial profits. There
also some who distort and impair the original meaning of national
folklore when they make adaptations and process national folklore
expressions, and even use elements that violate taboos in some
national folklore, thus damaging the feelings of communities that
have created the national folklore expressions. Acts of non respect
for the spiritual and material rights of collators, especially
narrators, performers and translators, are just common occurrences in
areas where national folklore are spread among the communities to
whom such folklore belongs.
(iii) Brain drain of professionals and backwardness of protection
facilities due to the lack of financial support
Recording, collation, conservation and
continuation of cultural heritage of folklore call for necessary
facilities, equipment and trained professionals, which in turn can be
only guaranteed with adequate funds. At present, there is a big gap
between the funds earmarked for cultural undertakings and the actual
demand in this regard. Among the problems are: obsoleteness of
facilities and equipment for the conservation of national folklore
materials, difficulties of some agencies in collating, studying and
saving folklore expressions and materials, for they are scattered in
the hands of individuals and are not easy to be collected, failure in
saving some cultural heritage on the verge of disappearing,
difficulties in publishing some works of the collected and collated
folklore, ageing, mildewing, adhesion, degaussing and worm-eating
problems of many folklore materials already collected and collated,
which put them in danger of being lost again. On the other hand,
practitioners are badly paid, causing brain drain of professionals in
the field of research and performance of many folklore expressions,
and making it even more difficult to protect and carry on national
folklore.
(iv) Increasingly serious cultural pillage causing great losses of
cultural resources
With the deepening of
the process in China of opening to the outside world, many foreigners
come, in the name of trade, tourism and academic exchange, to the
areas mostly inhabited by minority ethnic groups in China, to
collect, buy over, record and use free of charge the traditional
cultural heritage of China. This has led to a wave of cultural
pillage in a disguised form and caused great losses of cultural
resources.
2. Legislation on the Protection of National Folklore in China
The year of 1982 saw
the promulgation of the Law on the Protection of Cultural Relics in
China to protect tangible cultural heritage. As far as intangible
cultural heritage is concerned, although there does not exist a basic
national law on the protection of national folklore, intangible
cultural heritage is under the protection of relevant laws and
regulations. For example, in the Copyright Law of 1990, it is
provided that “regulations for the protection of copyright in
expressions of folklore shall be established separately by the State
Council”, which demonstrates the position and principle of the
country in folklore protection. Accordingly, the Ministry of Culture
and the National Copyright Administration have formulated the
Regulations on the Protection of Folklore Expressions (Draft). Local
legislation has also been made in some provinces and municipalities
for the protection of arts and crafts and folklore artists. In 1997,
the State Council promulgated the Regulations on the Protection of
Traditional Arts and Crafts to vitalizing the development of
traditional arts and crafts.
Since 1998,
legislation work in the field of folklore protection has entered a
new phase. The Committee on Education, Science, Culture and Public
Health of the National People’s Congress has conducted a widespread
and in-depth survey across the country, and the Ministry of Culture
has also included in its agenda the formulation of the Law on the
Protection of National Folklore. In May 2000, Yunnan Province issued
the Regulations of the Yunnan Province on the Protection of
Traditional Folklore, the first regional legislation of its kind in
China. In November of the same year, a National Workshop on the
Legislation on the Protection of National Folklore was held jointly
by the Committee on Education, Science, Culture and Public Health of
the National People’s Congress, the Ministry of Culture and the
State Cultural Relics Bureau, in order to push forward the
legislation process at both the national and local levels.
After an in-depth
investigation and study, the Ministry of Culture has formulated the
Law on the Protection of National Folklore (Draft). It is expected
that, by setting out the responsibility of the Government to protect
national folklore, the rights of citizens to the national folklore
and their duties to protect it, and by specifying mechanisms for the
sharing and distribution of the funds necessary for the protection of
folklore, as well as for its collation, salvage, licensing,
development and exploitation, this law could become a basic law for
the protection of cultural heritage, counterpart of the Law on the
Protection of Cultural Relics, forming part of the legal system for
the protection of national folklore to carry on and further develop
Chinese cultures. This draft is now being finalized, and will be
shortly submitted for approval by relevant bodies, and will be
promulgation as soon as being approved.
[End of Annex and of
document]
China's Action Plan on IPR Protection 2008
Part I: A Brief Note on China's Action Plan on IPR Protection 2008
Part II: China's Action Plan on IPR Protection 2008
Table of Contents
Part I: A Brief Note on China's Action Plan on IPR Protection 2008
Part II: China's Action Plan on IPR Protection 2008
I. Legislation
II. Enforcement
III. Trials
IV. Institutional Building
V. Publicity
VI. Training and Education
VII. International Exchange and Cooperation
VIII. Plans for Promoting Enterprise IPR Protection
IX. Plan for Providing Services for the Right Owners
X. Plan for Special Research