THE PROTECTION OF FOLKLORE IN INTERNATIONAL PRIVATE LAW: STATUS AND PROSPECTS
The article considered the problem of the protection of folklore in international private law. Currently, in relation to the expression of folklore can only speak of «soft law». In this respect, the most meaningful act in the present time are Model Provisions for National Laws on the Protection of Expressions of Folklore Against Illicit Exploitation and other Forms of Prejudicial Action, 1982. In the author's opinion is the best option independent of the development of this legal institute is out of touch with traditional knowledge and genetic resources. The reason for this are numerous contradictions related to the protection of traditional knowledge and genetic resources. Proposals for their protection, in case their implementations can cause substantial damage to the existing legal Institute of private international law of industrial property. The basis for development remains could serve as the above-mentioned Model provisions.