scholarly journals Digitalization of Intangible Cultural Heritage (ICH) Archives As Legal Protection of Intellectual Property Rights

2021 ◽  
Vol 9 (2) ◽  
pp. 145
Author(s):  
Amri Hariri
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Cultural Heritage ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Intangible Cultural Heritage

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

scholarly journals Safeguarding Intangible Cultural Heritage and the environment

Pravovedenie ◽  
2020 ◽  
Vol 64 (1) ◽  
pp. 124-137
Author(s):  
Benedetta Ubertazzi ◽  
◽  
Keyword(s):  
Sustainable Development ◽  
Intellectual Property ◽  
Property Rights ◽  
Cultural Heritage ◽  
Intellectual Property Rights ◽  
Environmental Sustainability ◽  
Intangible Cultural Heritage ◽  
Geographical Indications ◽  
Community Based ◽  
The Universe

The Convention for the Safeguarding of the Intangible Cultural Heritage (hereafter known as the Convention) was adopted within the framework of UNESCO in October 2003. Article 2 of the Convention establishes that intangible cultural heritage (ICH) must be compatible with sustainable development. Sustainable development in relation to culture consists of three intertwined dimensions: society, environment, and economy. Chapter 6 of the Operational Directives for the Implementation of this Convention establishes a framework related to “environmental sustainability”. The framework consists of three pillars. The first pillar relates to “environmental impacts in the safeguarding of intangible cultural heritage”. The second pillar relates to “knowledge and practices concerning nature and the universe”. The final pillar concerns “community-based resilience to natural disasters and climate change”. Through analysis of the Convention, the Convention’s Operational Directives and elements of intangible cultural heritage inscribed on the Representative List of the Convention, this article will provide case studies where, in line with these pillars, intellectual property rights, particularly geographical indications, aim to support environmentally friendly practices. In so doing, this article will also seek to show that intellectual property rights can recognise communities as bearers of knowledge about nature and as essential actors in sustaining the environment. Indeed, this work will suggest that although intellectual property rights, if not carefully drafted, can pose risks for environmental sustainability, when correctly adopted they have the capacity to empower communities. Thus, the aim of this work is to show how intellectual property rights can be tools to facilitate safeguarding and sustainability for both intangible cultural heritage and the environment.

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE: MODERN REALITIES AND PROSPECTS

2017 ◽  
Author(s):  
Yuliia Tovstohan ◽  
◽  
Serhii Ivanov ◽  
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Current System ◽  
General Procedure ◽  
Legal Protection ◽  
General Concept ◽  
Scientific Article ◽  
Definition Of

The scientific article examines the modern mechanism of protection of intellectual property rights in Ukraine. Attention is paid to the historically first using of the concept of intellectual property rights in international law and the shortcomings of this definition. The legal definition of this concept contained in the Civil Code of Ukraine is analyzed. It is concluded that the legislative enshrinement of intellectual property rights is evidence of its recognition by the state, and such a right applies to special objects, the list of which is enshrined at both national and international levels. The question of the relationship between the concepts of "protection" and "defense" of civil rights is covered. The main groups of approaches of scientists to the solution of this problem are indicated. An approach that defines "protection" as a general concept for "defense" is supported, where "protection" is a broader concept that covers the term "defense". Emphasis is placed on the fact that although these legal categories are related, they cannot be identified. The main features that distinguish these concepts are listed, and the features of "defense" as an independent concept are highlighted. There are given examples of definition of the concept of protection of intellectual property rights given by scientists. Based on these definitions, the main features of this term are summarized. The issue of forms of protection (jurisdictional and non-jurisdictional) has been studied. The general and special order within the jurisdictional form is distinguished. It is noted about the peculiarities of self-defense as a non-jurisdictional form. The focus is on the judicial (general) procedure for protection of intellectual property rights as the main one. Possible ways of protection (civil, administrative, criminal, and criminal) are analyzed. The problems and shortcomings of the current system of legal protection and protection of intellectual property rights in Ukraine are analyzed. Both reports from international partners and research by Ukrainian scientists were used. The authors outline ways to solve existing problems. The conclusions of the study are formulated and the possibility of further scientific research in this area is indicated.

scholarly journals KEEPING THE NATION'S ASSETS THROUGH THE LEGAL PROTECTION OF COPYRIGHT WORKS OF CULTURE

2016 ◽  
Vol 1 (1) ◽  
pp. 55-71
Author(s):  
Zulkifli Makkawaru
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Protection ◽  
Literature And Science ◽  
Community Rights ◽  
Art And Culture ◽  
The Right

Indonesia positioned copyright art and culture based on its strength as a nation or community rights over an Alliance grouping of the society which can give the effect of distortions in its protection. Which institution can be megurus and oversee the interests between countriesCultivate ideas/ideas in the fields of art, literature and science in the context of intellectual property rights (HKI) categorized into areas of HKI named Copyright (Copyright). The scope of the rights provided for the protection of copyright in the context of this very broad following elements known in several countries. There is a different understanding about the copyright status of culture from both the substance of the right nor of the appreciation of the case which threatens foreign claims copyright over the culture of Indonesia

Sign in / Sign up

Export Citation Format

Share Document