The Legal Dilemma of Intellectual Property Protection in Emei Martial Arts and its Mitigation Strategies

Lin Zhu; Lingxiang Guan

doi:10.63313/LH.9037

Authors

Lin Zhu School of P.E, Leshan Normal University, Leshan Sichuan, 614000, China Author
Lingxiang Guan School of P.E, Leshan Normal University, Leshan Sichuan, 614000, China Author

DOI:

https://doi.org/10.63313/LH.9037

Keywords:

Emei Martial Arts, Martial Arts Culture, Intellectual Property Right

Abstract

From a legal perspective, analyze the connotation and logical relationship of intellectual property rights in Emei martial arts, point out the Legal dilemma in protecting Emei martial arts intellectual property rights, and then propose solutions to the problems. The study believes that the intellectual property rights of Emei martial arts refer to the intellectual property rights based on the intellectual achievements and commercial logos of Emei martial arts. The legal dilemma in the protection of intellectual property rights in Emei martial arts mainly manifests as follows: the identity of the rights subject of intellectual property rights in Emei martial arts and the intangible cultural heritage of Emei martial arts is the root cause of the conflict between public and private interests; to some extent, the sports nature of the intellectual property rights of Emei martial arts has influenced the legal recognition of this part of Emei martial arts intellectual property rights in the academic community; the inadequacy of the legal system is the fundamental reason why the intellectual property rights of Emei martial arts are difficult to obtain comprehensive protection. Based on this, the study proposes that technological innovation is a logical prerequisite for the protection of intellectual property rights in Emei martial arts. It can be achieved by extracting the classic techniques of Emei martial arts, constructing representative martial arts routines, and creating Emei martial arts competition projects; The improvement of the legal system is the legal foundation for the protection of intellectual property rights in Emei martial arts. In this process, it is necessary to particularly strengthen the important position and role of the Sports Law in the protection of intellectual property rights in Emei martial arts, and improve the basic position and auxiliary function of relevant intellectual property laws in the protection of intellectual property rights in Emei martial arts; The enrichment of theory is a powerful argument for the protection of intellectual property rights in Emei martial arts. Strengthening theory must be combined with the characteristics of sports, in order to build a solid legal foundation for the protection of the object of rights. In addition, the protection of intellectual property rights in Emei martial arts should focus on benefits, which requires balancing public and private interests and promoting the realization of public welfare through private rights protection

References

[1] Yue Ma, Canhui Guo. Practical Guide to Intellectual Property Management [M]. Beijing: Enterprise Management Press, 2011:35.

[2] Chengyan Han. Analysis of the Subject and Protection Subject of Intangible Cultural Herit-age [J]. Folklore Research, 2020 (3): 46-52.

[3] Jinzhang Zhou. The 'structural deficiency' of the protection subject of intangible cultural heritage [J]. Hongqi Manuscript, 2010 (15): 24-25.

[4] Wei Zhou, Xiaofei Sui. The protection of China's intangible cultural heritage is facing three major challenges due to the fierce impact[EB/OL].Available online：https://www.gov.cn/jrzg/2006-02/12/content_186583.htm(accessed on1April,2024).

[5] Ning Zhu, Editor in Chief. Intellectual Property Operations Practice [M].Beijing: Intellectual Property Press, 2020:3.

[6] Legal Publishing House Regulations Center, Editor. Complete Book of Intellectual Property Laws and Regulations of the People's Republic of China [M].Beijing: Law Press, 2024.

[7] Yibin Yan, Sheng Ma, Gang Cai. Investigation on the Intellectual Property Protection Issues of Chen's Taijiquan [J]. Journal of Shandong Sport University, 2016, 32 (6): 41-45.

[8] PROLOY K. Das. Offensive Protection: The Potential Application of Intellectual Property Law to Scripted Sports Plays[J].Indiana Law Journal，Vol.75,No.3,2000,PP.1073-1101.

[9] Ye Zheng. Jet Li cannot register action patents? [EB/OL].Available online: https://ent.sina.com.cn/2004-09-04/0636493872.html(accessed on2May,2024).

[10] Jian Lin, et al. Emei Martial Arts Gymnastics [M]. Chengdu: Southwest University of Fi-nance and Economics Press, 2022.

[11] Weiping Tan, et al. Twelve Methods of Loosening Muscle and Softening Ridge[M].Beijing: People's Sports Publishing House, 2021.

[12] Xinliang Wu. Martial Arts Tutorial [M].Wuhan: Hubei Science and Technology Press, 2018.

[13] Yan Chen. Art and Technology [M]. Beijing: People's Publishing House, 2012:176-179.

[14] Bingbin Lv. Theoretical premise of copyright law: from “economic man hypothesis” to “social man hypothesis” [J]. Contemporary Law, 2020 (06): 109-119.