Modern Social Science Research

Amidst the accelerating pace of digitalization, intangible cultural heritage (ICH)—a vital repository of the Chinese nation’s collective wisdom—faces unprecedented challenges in achieving dynamic continuity in the modern era. The rapid evolution of digital technologies and derivative platforms presents both significant opportunities and formidable obstacles for the safeguarding and innovative development of ICH. This paper examines the legal predicaments confronting ICH preservation and transmission within the digital landscape. Through a comparative analysis of the legal frameworks governing ICH protection in jurisdictions such as the United Kingdom and Japan, alongside a critical assessment of the limitations inherent in China’s current legislative provisions, the study proposes pathways for enhancing existing laws. Key recommendations include recalibrating the scope of regulatory subjects, balancing prescriptive and prohibitive regulatory models, and harmonizing framework support with concrete rights protection. Furthermore, the paper synthesizes multidimensional strategies for ICH revitalization in the digital age, encompassing legislative refinement, judicial-legislative synergy, establishment of an integrated legislative-administrative-judicial protection framework, and innovative rights-based approaches. Collectively, these insights contribute to the exploration of robust legal governance mechanisms for ICH in the digital era.

Intangible cultural heritage; Digitalization; Intellectual property; Legal governance