Folk Culture, Characteristics and Role of the Process of Protecting Intellectual Property Rights for Folklore Works in Vietnam

In this article, the author has focused on research and analysis with the aim of clarifying the nature of folklore works, the basic difference between folklore and other works of art; Analyze why the authors of folk works are not specific individuals, differences in copyright of folklore works compared to copyright of other works of art; Analysis of basic characteristics in the process of protecting intellectual property rights for folklore works, the role of intellectual property rights in folklore works in Vietnam. From the research and analysis process, the author pointed out: The nature of folklore works is collective creation on the traditional foundation of a group or individual to reflect the aspirations of the community, expressed commensurate with their social and cultural characteristics, standards and values are handed down by simulation or otherwise; Folk cultural works born on the basis of economy are agriculture dependent on nature, so it is closely linked to people's daily activities, it reflects the life and feelings of farmers expressed by activities with many forms of expression, therefore folklore works have four characteristics expressed through word of mouth, Characteristics combining many models, collective characteristics, features of many different versions; Intellectual property rights to folklore works are the right of the community (village), individuals (artisans, collectors, researchers) for property is an intellectual product, including copyright, i.e. the right of the community to create folklore works and copyright-related rights/community rights to create folklore works; Protection of intellectual property rights for folklore works is to ensure the prevention and protection of copyright infringement; copy distorts the original work; mining without permission; use without recording the source; incorrect quotes where folklore is born. Effectively prevent illegal profits from copyright infringement, prevent abuse of heterogeneity of folklore works to distort national identity, violate national interests, lose national self-esteem, cause political instability, falsify policies and the laws of the State.