scholarly journals The Protection of Indonesian Indigenous Heritage in the International Conventions and Their Implication toward Indonesian Law

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Irma Rachmawati Maruf
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Legal Protection ◽  
Field Research ◽  
Analytical Description ◽  
Property Right ◽  
Intellectual Property Right ◽  
Intangible Cultural Heritage ◽  
International Convention ◽  
Indigenous Heritage

 As an archipelago,  Indonesia consists of 17.507 islands. The regions of Indonesia have some of their indigenous ethnic groups.  However, in the light of the geographical aspect, Indonesia has 128 ethnics groups which have different cultures. Meanwhile, since the end of 1990s, the topic of genetic resources, traditional knowledge and Indigenous heritage ambit of Intellectual property discussions.  Batik and Angklung  are Indonesian Indigenous heritage which have been acknowledged by UNESCO as Intangible Cultural Heritage. One of the purposes of the acknowledgment is  to avoid  any claim from another country which has the same culture. Besides batik and angklung, there are so many indigenous heritages that  have not been acknowledged as Intangible Cultural Heritage. Due to this condition, the research is made to know what the protection should be given by law to Indigenous heritage in international law perspective. There is also how the implementation of International convention to Indonesian law can protect and maintain the cultural heritage.The method used in this study is a juridical normative with the specifications of analytical description. The research was conducted by collecting primary, secondary and tertiary legal materials through library and field research, and then analyzed with qualitative method.Based on the results of this study, it is revealed that: Firstly, the legal basis of the application of the Implementation of Protection of Indonesian Indigenous heritage have been already very relevant but still insufficient in implementation. Hence, it is not impossible that   Indonesian  government can take  economic advantages of Indigenous Heritage.  Secondly, there are various forms  of Legal protection of Indigenous Heritage, these are Law of Intellectual Property Right and Legal Protection besides Intellectual Property.Keyword : Indigenous Heritage, Intangible Cultural Heritage, Intelectual Property Right Law.

scholarly journals MAPPING AND PROTECTING THE INTELLECTUAL PROPERTY RIGHT IN THE FIELD OF THE TRADITIONAL BATIK DESIGN OF TIRTOMOYO AS THE CULTURAL HERITAGE AND ITS DEVELOPMENT BASED ON THE LOCAL GENIUS IN THE CREATIVE INDRUSTRIAL ERA

2017 ◽  
Vol 5 (3) ◽  
Author(s):  
Sarwono
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Key Words ◽  
Traditional Knowledge ◽  
Government Policy ◽  
Property Right ◽  
Intellectual Property Right ◽  
Cultural Expression ◽  
The One ◽  
Local Government Policy

<p align="center"><strong><em>Abstract</em></strong></p><p><em>            In order to provide the protection to the “traditional batik art knowledge” in Tirtomoyo, Wonogiri, the local government policy rests on the </em><em>potensial of art, commerce, services, education, tourism and sports</em><em>.Here, it can be drawn the real purpose, that is to develop, to conserve, and to protect the traditional knowledge as the heritage and cultural expression, especially the traditional knowledge. I</em><em>n th</em><em>is</em><em> case</em><em>, the Intellectual Property Right protection and its all varieties should be applied on the traditional intellectual art. However, it has not yet manifested the regional regulation on the Intellectual Property Right, especially the protection to the traditional knowledge.         There has not been confirmation about what institutions will be responsible or what kind of agencies will be involved in providing the protection to the traditional knowledge, like the batik art, dance art, and others, so that they don’t seem loose accountability in handling it. The policy on the Intellectual Property Right, especially the one related to the traditional knowledge, is still partial or supplement. The Industry and Trade Department of Wonogiri regency, which handles the micro and medium industry field and is not related directly to the batik handicraft industry, has planned to make a program of batik handicraft industry as the regional superior. </em></p><strong><em>Key words: Intellectual Property Right, Traditional knowledge, Batik Art.</em></strong>

The Progress of Chinese Legal Protection in Genetic Resources

2008 ◽  
Vol 5 (2) ◽  
Author(s):  
Zhu Xuezhong ◽  
Zhou Yongtao ◽  
Tang Jie
Keyword(s):  
Intellectual Property ◽  
Genetic Resources ◽  
Local Governments ◽  
Legal Protection ◽  
Property Right ◽  
Intellectual Property Right ◽  
State Council ◽  
Law System ◽  
Chinese Law ◽  
Laws And Regulations

AbstractThe Chinese legal protection and its development in genetic resources are subject to this paper. Since China is one of the countries with rich genetic resources, it is important to apply current legal systems and enact laws or regulations for the protection of intellectual property right in the field of genetic resources. This paper describes the present situation of the Chinese law system including laws and regulations issued by the State Council, Government Office and local governments on protection of intellectual property right in genetic resources and other suggestions being made. At the same time, this paper also discusses the trend of relevant laws and regulations of protection on Chinese genetic resources.

Protection of cultural identity designs – a universal necessityShould a cultural intellectual property right be constitutionally recognized?

2016 ◽  
Vol 2 (2) ◽  
pp. 75-85
Author(s):  
Monica Florina Boța Moisin
Keyword(s):  
Intellectual Property ◽  
Cultural Identity ◽  
Cultural Policy ◽  
Legal Protection ◽  
Creative Industries ◽  
Property Right ◽  
Intellectual Property Right ◽  
Main Question ◽  
Fashion Industry ◽  
Protection Mechanism

Protection of cultural identity designs is a necessity in today’s society and should be the subject of a joint European cultural policy. Constantly present not only in the fashion industry but all creative industries, designs inspired by tradition are and cannot be regarded as “just a trend”. Creative design is fundamentally different than tradition inspired design, as the latter is strictly connected with the interpretation of the values, traditions and creative mantras of the generating communities.In view of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions autochthonous elements of identity design fall in the category of cultural goods. The discussion is placed in the field of public international law and calls for the development of cultural intellectual property, as an individual branch of law, within the national legal system. The main question of this paper is whether a cultural intellectual property right should be granted constitutional recognition. This paper further proposes the design and implementation of a protection system dedicated to safeguarding and promoting autochthonous elements of design through mechanisms that ensure authenticity, encourage creativity and innovation with respect of cultural identity, and positive exploitation of traditional knowledge. This core of this discussion stems from a project pilot initiated in Romania, supporting the development of a dedicated legal protection mechanism for IA – the Romanian Blouse, a Romanian element of ancestral fashion that has recurrently inspired fashion designers worldwide, and the cultural movement La Blouse Roumaine, that led to the recognition of a universal celebration of the Romanian Blouse on June 24th – The Universal Day of the Romanian Blouse.

scholarly journals FEATURES AND SOCIO-ECONOMIC COMPONENTS OF THE CONCEPTS “INTELLECTUAL PROPERTY” AND “RIGHT OF INTELLECTUAL PROPERTY”

2019 ◽  
Vol 2 (42) ◽  
pp. 99-116
Author(s):  
Oksana Korotiuk
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Property Right ◽  
Intellectual Property Right ◽  
Legal Rights ◽  
Legal Personality

The article is devoted to the content of the concepts "intellectual property" and "right of intellectual property", as well as to the possibility to use them as equivalent concepts. The author considers the features of a broad understanding of the intellectual property concept, in which it is revealed as a complex set of social relations arising at all levels of public life. According to this approach intellectual relations are only one type of the varieties of intellectual property relations, the totality of which only occasionally acts as the subject of legal regulation. Taking into account the above facts, the difference between the meaning of the concepts "intellectual property" (in the sense of this concept as a social relation) and "intellectual property right" is reflected in the content of the structural elements of the relations that denote these concepts: 1) Subjects of intellectual property rights are determined on the basis of compliance with certain legal requirements regarding legal personality, as well as the acquisition of subjective legal rights and obligations, which are provided to them by legal norms (by using their legal personality); the subjects of intellectual property become participants of social relations of different levels, including those, which are outside the legal regulation. Such interactions may be related to realization of creative abilities of a person, mental activity, etc.; 2) In the centre of understanding of the concept "object of intellectual property rights" is the content of intellectual property rights as a totality of personal non-property and property rights. The defining aspect of legal protection is the right to the created object of intellectual property rights. At the same time the object of intellectual property is a value in socio-philosophical sense that satisfies the social, economic, cultural, mental and other needs and interests of people. In this sense, an object by its nature is a blessing for a person; 3) Social connections between the subjects of intellectual relations are revealed through corresponding rights and obligations of the participants of these relations; in the relations of intellectual property social relations manifest themselves as interaction between people in different spheres of social life, based on the corresponding social statuses and roles, in which individuals carry out creative activity, realize their mental and cultural needs, etc. Understanding the concept "intellectual property" as identical with the concept “intellectual property right” is based on a normative approach. This approach shows that the concepts of “intellectual property” and “intellectual property right” have the same sense in the legislation and can denote both objects of intellectual property right and rights to such objects.

scholarly journals Selection achievement in animal husbandry as an object of intellectual property rights and international experience in its protection

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Horislavska Inna ◽  
◽  
Piddubnyi Oleksii ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Legal Protection ◽  
Animal Husbandry ◽  
Legal Regulation ◽  
Property Right ◽  
Intellectual Property Right ◽  
Exclusive Right

Intellectual property rights are enshrined in the Universal Declaration of Human Rights. A patent for an animal breed is the exclusive right of the inventor to his selection achievement, it is a legal monopoly provided by the state, and patent protection prevents commercial use without the consent of its owner. Today's challenges are directly related to food security. The practical application of breeding achievements in animal husbandry, in particular, is the genetic improvement of animals from the «economic side», which directly affects the level of investment and rewards for breeders, and thus the need for effective legal protection of intellectual property rights. Based on the analysis of normative legal acts regulating the procedure for obtaining legal protection of selection achievements in animal husbandry, the article examines problematic positions and suggests ways to resolve conflicts in the legal regulation of these issues. The methods of our study were chosen taking into account the purpose and objectives of the study. The study used philosophical, general scientific and special legal methods of scientific knowledge. Keywords: object of intellectual property right, selection achievement, selection achievement in animal husbandry, protection of intellectual property right

scholarly journals MAPPING AND PROTECTING THE INTELLECTUAL PROPERTY RIGHT IN THE FIELD OF THE TRADITIONAL BATIK DESIGN OF TIRTOMOYO AS THE CULTURAL HERITAGE AND ITS DEVELOPMENT BASED ON THE LOCAL GENIUS IN THE CREATIVE INDRUSTRIAL ERA.

2017 ◽  
Vol 96 ◽  
Author(s):  
Sarwono . .
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Key Words ◽  
Traditional Knowledge ◽  
Government Policy ◽  
Property Right ◽  
Intellectual Property Right ◽  
Cultural Expression ◽  
The One ◽  
Local Government Policy

In order to provide the protection to the “traditional batik art knowledge” in Tirtomoyo, Wonogiri, the local government policy rests on the potensial of art, commerce, services, education, tourism and sports.Here, it can be drawn the real purpose, that is to develop, to conserve, and to protect the traditional knowledge as the heritage and cultural expression, especially the traditional knowledge. In this case, the Intellectual<br />Property Right protection and its all varieties should be applied on the traditional intellectual art. However, it has not yet manifested the regional regulation on the Intellectual Property Right, especially the protection to the traditional knowledge. There has not been confirmation about what institutions will be responsible or what kind of agencies will be involved in providing the protection to the traditional knowledge, like the batik art, dance art, and others, so that they don’t seem loose accountability in handling it. The policy on the Intellectual Property Right, especially the one related to the traditional knowledge, is still partial or supplement. The Industry and Trade Department of Wonogiri regency, which handles the micro and medium industry field and is not related directly to the batik handicraft industry, has planned to make a program of batik handicraft industry as the regional superior.<br /><br />Key words: Intellectual Property Right, Traditional knowledge, Batik Art.

18. Protection of databases

2017 ◽  
Author(s):  
Ian J. Lloyd
Keyword(s):  
United Kingdom ◽  
Intellectual Property ◽  
Legal Protection ◽  
Property Right ◽  
Intellectual Property Right ◽  
The United Kingdom ◽  
Database Right ◽  
New Form ◽  
Database Protection

Database protection in Europe took the form of the EC Directive of 11 March 1996 on The Legal Protection of Databases which was implemented in the United Kingdom by the Copyright and Rights in Databases Regulations 1997. The Database Directive creates a new form of intellectual property right—the database right. This chapter discusses the scope and extent of the Directive.

scholarly journals GEBRAUCHSMUSTERSCHUTZ- EIN TERMINOLOGISCHER VERGLEICH DEUTSCH-POLNISCH-INDONESISCH

2017 ◽  
Vol 29 ◽  
pp. 67-84
Author(s):  
Tejia GUMILAR
Keyword(s):  
Intellectual Property ◽  
Comparative Studies ◽  
Legal Protection ◽  
Property Right ◽  
Intellectual Property Right ◽  
Utility Model ◽  
Globalized World

Industrial era requires legal protection of intellectual property. Idea and innovation become valuable inventions that must be protected from unauthorized use by unauthorized persons. For this purpose a reliable description of an invention is very important. Terminology must be specified enough to describe protected product in detail. In the globalized world of industry, properly translated terminology is necessary for translation of patents into another language. In this paper the author presents comparative studies on the technical terminology of a intellectual property right, called protection of the utility model, in German, Polish and Indonesian.

PERLINDUNGAN HUKUM TERHADAP KARYA SENI BATIK YANG BELUM TERDAFTAR MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Cultural Heritage ◽  
Intellectual Property Rights ◽  
Rapid Growth ◽  
Economic Value ◽  
Legal Protection ◽  
Property Law ◽  
Market Demand ◽  
Work Of Art

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced

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