Mechanism of intellectual rights protection of folk arts and crafts: issues to develop

The purpose of this study is to study the existing mechanism for protecting intellectual property rights to folk art products within the existing norms of Russian civil legislation, as well as to identify problematic aspects of intellectual property protection in the field of folk art related to the attribution of folk art products to the results of intellectual activity. This study allows to draw some conclusions: first, IP law allows you to protect the folk arts and crafts products through the use of institutions of legal protection of copyright, geographical indications, appellations of origin, trademarks and industrial designs. However, a significant addition to the legislation would be the introduction of such an object of IP as artistic and stylistic features of folk art; secondly, since the products of folk arts and crafts have mainly a creative character, and this is a sign of any author's work, if there is an objective form of expression, this character can serve as a criterion for obtaining protection of intellectual rights to the product of folk arts and crafts, which must be fixed in the normative act regulating public relations in the field of folk arts and crafts; thirdly, given that the considered elements of the mechanism of protection of intellectual property rights on the folk arts and crafts products do not involve the allocation of specific grounds for protection of intellectual property rights in the folk arts and crafts products and the protection of these rights is possible only in the framework of the existing provisions of the civil code, another important point is the inclusion of features of protection of intellectual property rights on the folk arts and crafts products in the regulatory legal act regulating relations in the sphere of folk arts and crafts; fourth, the Russian IP legislation should introduce a rule on liability for illegal use and other actions that cause damage to the folk arts and crafts.

legal protection, protection mechanism, intellectual property, intellectual rights, folk arts and crafts