scholarly journals Normative Protection of Traditional Knowledge and Traditional Cultural Expressions in Indonesia

2019 ◽  
pp. 97-112
Author(s):  
Gabriel Theofany
Keyword(s):  
Traditional Knowledge ◽  
Legal Regulation ◽  
Economic Benefits ◽  
Legal Regime ◽  
Qualitative Approaches ◽  
Maximum Protection ◽  
Cultural Expressions ◽  
The Government ◽  
Traditional Cultural Expressions ◽  
Legal Product

It is undeniable that the flow of globalization plays a major role in every aspect of state life, including the field of law and the legal product itself. Indonesia as a WTO member is obliged to ratify various types of international agreements to be made into domestic law products in the form of the Law. One of the important issues that must be protected is Intellectual Property Rights which is compiled based on the TRIPs standard. In its development, the concepts and characteristics of IPR have caused losses to developing countries such as Indonesia which have many assets in the form of traditional knowledge and traditional cultural expressions held by local communities. The IPR legal regime cannot accommodate the protection of traditional knowledge and traditional cultural expressions as a whole. The direction of legal regulation that protects traditional knowledge and traditional cultural expressions today is to form a new legal product that is specifically outside the IPR regime. The Bill on Traditional Knowledge and Traditional Cultural Expressions has long been composed by Indonesia since 2008 and included in the 2009-2014 National Legislation Program. But even until now there has been no approval made by the government. The normatification of this bill is very important to be done so that it can be given that traditional knowledge and traditional cultural expressions can be used as an aid for advancing the nation's economy. By using normative legal research methods and qualitative approaches, this study concludes that the IPR legal regime in Indonesia has not been able to provide maximum protection to traditional knowledge and traditional cultural expressions. Therefore, it is very important to discuss and ratify the Bill on Traditional Knowledge and Traditional Cultural Expressions to become products law to guarantee protection and provide economic benefits to the State and society.

scholarly journals PERLINDUNGAN HUKUM TERKAIT EKPRESI BUDAYA TRADISIONAL “LAGU TRADISIONAL ACEH” DALAM BINGKAI HAK CIPTA

2022 ◽  
Vol 6 (1) ◽  
Author(s):  
Tyas Adi Putra Nugraha
Keyword(s):  
Legal Knowledge ◽  
Intellectual Work ◽  
Cultural Expression ◽  
The Public ◽  
Maximum Protection ◽  
Cultural Expressions ◽  
The Government ◽  
Traditional Cultural Expressions ◽  
Clear Goal

Traditional Cultural Expression is an intellectual work that needs to be protected. Traditional Cultural Expression is rooted in three words: tradition, culture, and expression. The meaning of "expression", expresses a clear goal, idea or feeling. In this paper, the author raises an example of a traditional cultural expression, namely the cultural expression of traditional Acehnese songs owned by the local Acehnese people. Songs such as "Bungong Jempa", are a small example of the traditional wealth of the Acehnese people that should be preserved and protected by the government. The purpose of this study is to find out how is the protection related to traditional cultural expressions in Indonesia? And has the method of recording/inventorying traditional cultural expressions in Indonesia provided maximum protection for the cultural expressions of traditional Acehnese songs? The benefit of this research is that it is hoped that it can provide benefits for the development of legal knowledge in Indonesia and can provide insight or information to the public, especially regarding the object of copyright as one of the productive waqf in Indonesia.

Part III Rights to Culture, Ch.11 Intellectual Property and Technologies: Article 31

2018 ◽  
Author(s):  
Stoll Tobias
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
State Action ◽  
Technology And Culture ◽  
Science Technology ◽  
Cultural Expressions ◽  
Traditional Cultural Expressions

This chapter looks at the specific right to intellectual property and technologies in Article 31. Article 31 sets out a number of rights of indigenous peoples relating to their science, technology, and culture, and calls for State action in this regard, which is to be taken with the involvement of those peoples. The provision relates to three different subject matters, between which there obviously exists quite some overlap. It refers, first, to ‘cultural heritage, traditional knowledge and traditional cultural expressions’. Second, it refers to ‘intellectual property’ over such heritage, knowledge, and expressions, and third, to ‘manifestations of…sciences, technologies and cultures’ — representative examples of which find themselves included in an illustrative list. According to Article 31, with a view to each of these subject matters, indigenous peoples have a right to ‘maintain, control, protect and develop’.

scholarly journals Legal regime for church property in Russia and the Baltic states

Baltic Region ◽  
2018 ◽  
Vol 10 (4) ◽  
pp. 60-73
Author(s):  
Valentina Yu. Smorgunova ◽  
Аleksandra А. Dorskaya ◽  
Tatyana V. Tolstukhina
Keyword(s):  
Intergovernmental Relations ◽  
Legal Regulation ◽  
Economic Benefits ◽  
The State ◽  
Soviet Period ◽  
Baltic States ◽  
Legal Regime ◽  
The Baltic ◽  
Religious Objects ◽  
The Church

In this article, we carry out a comparative analysis of the legal regimes for church property in the Baltic States and in Russia after the demise of the USSR,. We stress the significance of this problem for the newly established relations between the state and the religious organisations, for the conclusion of agreements between these actors, and for the development of the ideas of interdenominational peace and intergovernmental relations. In this study, we aim at identifying the similarities and differences between the legal regulation of the state/denomination relations regarding church property, as well as the economic component of these relations. We analyse the regulatory documents of Russia, Latvia, Lithuania, and Estonia that enshrine the transfer (return) of the church property, which was seized illegally in the first Soviet years in Russia and during the incorporation of the Baltic republics into the USSR, to the religious organisations. We compare the restitution, which was carried out in the Baltics, with Russia’s moderate approach to the transfer of religious objects to religious organisations. We conclude that the international factor affects the resolution of the church property issue and that the economic benefits of the property transfer are unclear. The transfer of the church property is associated with additional expenditure incurred by the state. In conclusion, we consider the reasons why the complete transfer (return) of the church property seized in the Soviet period is impossible.

Intellectual Property for Mystics? Considerations on Protecting Traditional Wisdom Systems

2010 ◽  
Vol 17 (3) ◽  
pp. 519-546
Author(s):  
Rosanne Trottier
Keyword(s):  
Intellectual Property ◽  
Complex Systems ◽  
Cultural Heritage ◽  
Traditional Knowledge ◽  
Customary Law ◽  
Intangible Cultural Heritage ◽  
Cultural Expressions ◽  
Traditional Cultural Expressions ◽  
Traditional Communities

AbstractEfforts to protect, if not revitalize, intangible cultural heritage in its traditional communities, cannot succeed without due attention to issues of ownership—cultural, environmental, intellectual, economic … “intellectual property” categories in a wisdom system such as that of the Baul of Bengal show that Traditional Knowledge, Customary Law and Traditional Cultural Expressions are inseparable “property,” and that “ownership” should be understood on traditional terms. Within such an integrated continuum, knowledge itself is not limited to it modern meaning.Is it possible to bring about a true and equitable dialogue between radically antagonistic intellectual property universes—the modern one driven by profit, and traditional ones rooted in complex systems of multiple values?The death of a wise old one is the loss of a whole library—L. S. Senghor

Afro-Cuban Folkloric Dance in the Age of Intellectual Property

2018 ◽  
Vol 25 (2) ◽  
pp. 179-201
Author(s):  
Carolyn Renée Pautz
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Public Policies ◽  
World Intellectual Property Organization ◽  
Cultural Institutions ◽  
The World ◽  
Cultural Expressions ◽  
Traditional Cultural Expressions

Abstract:This article analyzes drafts put forth by the World Intellectual Property Organization (WIPO) to examine the gaps that are created when institutions attempt to assign authorship of traditional knowledge and traditional cultural expressions to individuals and communities and how these gaps impact the use of folkloric dance in cultural institutions. The analysis produced via anthropological mappings of policy is underpinned with an examination of terminologies that circulate between fields of discourse, spiraling their way into public policies concerning marginalized peoples’ rights, economies of art, and intellectual property. This is followed by ethnographic accounts of Afro-Cuban folkloric dance classes, for it is in the dancing bodies that gaps between policies of authorship and the reality of unstable streams of transmission and reception materialize. By reproducing and circulating these unstable streams, combined with various legal doctrines put forth by WIPO, cultural institutions appropriate Afro-Cuban folkloric dance to commodify individuals and communities.

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