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REGULATIONS FOR THE PROTECTION OF THE TRADITIONAL ARTS AND HANDICRAFTS

Category  INTELLECTUAL PROPERTY RIGHT Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1997-05-20 Effective Date  1997-05-20  

Regulations for the Protection of the Traditional Arts and Handicrafts





(Promulgated by Decree No. 217 of the State Council of the People's

Republic of China on May 20, 1997)

    Article 1  These Regulations are formulated with a view to protecting
the traditional arts and handicrafts and promoting the prosperity and
development of the cause of the traditional arts and handicrafts.

    Article 2  The traditional arts and handicrafts referred to in these
Regulations mean varieties and techniques of handicrafts having a long
history of over one hundred years with superb craftsmanship handed down
from generations with complete technical processes, made with natural raw
materials with distinct national styles and local characteristics and
enjoying a good reputation at home and abroad.

    Article 3  The State implements the policy of protection, development
and improvement in respect of the varieties and techniques of the traditional
arts and handicrafts.

    The local People's Governments at all levels should step up leadership
in the protection of the traditional arts and handicrafts and adopt effective
measures to support and promote the prosperity and development of the cause
of the traditional arts and handicrafts of the respective localities.

    Article 4  The department in charge of the protection of the traditional
arts and handicrafts under the State Council shall be responsible for the
protection of the traditional arts and handicrafts throughout the country.

    Article 5  The State practises the system of affirmation in respect of
the varieties and techniques of the traditional arts and handicrafts. The
varieties and techniques of the traditional arts and handicrafts in line
with the conditions stipulated in Article 2 of these Regulations shall be
affirmed as the varieties and techniques of the traditional arts and
handicrafts pursuant to the provisions of these Regulations.

    Article 6  The varieties and techniques of the traditional arts and
handicrafts shall be evaluated and examined by the evaluation and examination
board composed of specialists employed by the department in charge of the
protection of the traditional arts and handicrafts under the State Council;
the department in charge of the protection of the traditional arts and
handicrafts under the State Council shall grant affirmation and make public
announcements on the basis of the evaluation and examination conclusions of
the evaluation and examination board.

    Article 7  Enterprises and individuals engaging in the making of products
of the traditional arts and handicrafts may submit applications for the
protection of the varieties and techniques to the departments in charge of
the protection of the traditional arts and handicrafts of the local People's
Governments at the county level, and recommendations made to the department
in charge of the protection of the traditional arts and handicrafts under
the State Council by the departments in charge of the protection of the
traditional arts and handicrafts of the People's Governments of the provinces,
autonomous regions and municipalities directly under the Central Government
upon examination and verification.

    Article 8  Enterprises and individuals applying for the affirmation of
the varieties and techniques of the traditional arts and handicrafts should,
in compliance with the provisions of the department in charge of the
protection of the traditional arts and handicrafts under the State Council,
present complete, detailed and truthful information.

    Article 9  The State adopts the following protective measures in the
affirmation of the techniques of the traditional arts and handicrafts:

    (1)gathering, compiling and setting up of archives;

    (2)collection and storing up of excellent representative works;

    (3)determination of the classification of technical secrets and
protection of the secrets in accordance with law; and

    (4)subsidizing research and training of qualified personnel.

    Article 10  Outstanding works among varieties of the traditional arts
and handicrafts shall, upon evaluation and examination by the evaluation and
examination board composed of specialists employed by the department in
charge of the protection of the traditional arts and handicrafts under the
State Council, be named China art and handicraft treasures(hereinafter
referred to as treasures) by the department in charge of the protection
of the traditional arts and handicrafts under the State Council.

    Article 11  The State adopts the following protective measures in respect
of the treasures:

    (1)The treasures collected and purchased by the State shall be stored
by the China Arts and Handicrafts Gallery or the arts and handicrafts
galleries and museums of the provinces, autonomous regions and municipalities
directly under the Central Government.

    (2)Export of the treasures shall be prohibited. Exhibition of the
treasures abroad must be subjected to the approval of the department in
charge of the protection of the traditional arts and handicrafts under the
State Council in conjunction with the departments concerned under the
State Council.

    Article 12  Individuals meeting the following conditions and engaging
in the making of products of the traditional arts and handicrafts for a
long duration may, upon evaluation and examination of the evaluation and
examination board, be conferred the title of Masters of Chinese Arts and
Handicrafts by the department in charge of the protection of the traditional
arts and handicrafts under the State Council:

    (1)those with outstanding achievements and enjoying a good reputation
at home and abroad; and

    (2)those with superb craftsmanship and forming their own schools.

    Article 13   The People's Governments at all levels and departments and
units concerned should care for and support the creations of Masters of
Arts and Handicrafts, and create good working environment and conditions
for them in accordance with the following provisions:

    (1)The unit wherein the Master of Arts and Handicrafts is employed
sets up a Master's studio for him or her;

    (2)A Master of Arts and Handicrafts is entitled to engraving his or her
name on his or her works;

    (3)To create facilities for Masters of Arts and Handicrafts to take on
apprentices and pass on the techniques; and

    (4)The retirement age of Masters of Arts and Handicrafts may be
appropriately extended in accordance with the relevant provisions of
the State.

    Article 14  Overall planning and appropriate arrangements should be
worked out by the departments concerned of the People's Governments above
the county level in respect of natural raw materials and materials
needed especially for the making of the varieties of the traditional
arts and handicrafts.

    Article 15  The State steps up protection in accordance with law and
strictly prohibits indiscriminate mining and digging in respect of such
rare minerals as gems and jades needed especially for the making of
varieties of the traditional arts and handicrafts.

    Article 16  The State encourages local People's Governments at all levels
to take necessary measures to tap into and salvage techiniques of the
traditional arts and handicrafts, collect masterpieces of the traditional
arts and handicrafts, train personnel in techniques of the traditional arts
and handicrafts, and subsidize scientific research in the traditional arts
and handicrafts in the light of the actual conditions of the localities.

    Article 17  For enterprises engaging in the making of varieties of arts
and handicrafts with low economic benefits but high artistic values and
facing the techniques being lost, the People's Government at all levels
should take necessary measures to render support and assistance.

    Article 18  Enterprises engaging in the making of products of the
traditional arts and handicrafts should establish and perfect the protection
or security system for the techniques of the traditional arts and handicrafts
and strengthen in real earnest the management of the techniques of the
traditional arts and handicrafts.

    Individuals engaging in the making of traditional arts and handicrafts
products should abide by the provisions of the relevant laws and regulations
of the State and must not divulge any technical secret and other commercial
secret known in the process of making the traditional arts and handicrafts
products.

    Article 19  For units and individuals making outstanding contributions
to the cause of inheriting, protecting and developing the traditional arts
and handicrafts, the State shall give rewards.

    Article 20  Whoever in violation of the provisions of these Regulations
having committed any of the following acts shall be given administrative
punishment or administrative penalty by the department concerned pursuant
to the provisions of the relevant laws and regulations; for those which
constitute a criminal offence, criminal liabilities shall be investigated
in accordance with law:

    (1)burglary or disclosure of technical secrets of the traditional arts
and handicrafts;

    (2)illegal mining of rare mineral resources for the making of traditional
arts and handicrafts or pirating and selling of rare mineral products for the
making of traditional arts and handicrafts; and

    (3)smuggling of art treasures out of the country.

    Whoever making and selling fake or imitated works of the traditional arts
and crafts with names of Masters of China Arts and Handicrafts affixed
thereon should bear civil liabilities in accordance with law; the departments
concerned may, in accordance with the provisions of the relevant laws and
regulations, impose administrative penalties.

    Article 21  These Regulations come into force as of the date of
promulgation.



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