scholarly journals KONSEP PERLINDUNGAN PACU JALUR KABUPATEN KUANTAN SINGINGI

2020 ◽  
Vol 2 (01) ◽  
pp. 1-16
Author(s):  
Adi Tiaraputri ◽  
Ledy Diana
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Research Method ◽  
Intangible Cultural Heritage

Pacu jalur merupakan salah satu tradisi dari Kabupaten Kuantan Singingi Provinsi Riau. Pacu jalur juga termasuk dalam ruang lingkup kebudayaan. Untuk ada kelestarian kebudayaan tentunya harus ada perlindungan terhadap kebudyaan tersebut. Tulisan ini mengkali terkat konsep perlindungan yang dapat diberikan pada tradisi pacu jalur. Metode penelitian dalam tulisan ini melalui pendekatan yuridis normatif.  Dalam tulisan ini mengkaji konsep perlindungan untuk pacu jalur dapat melalui perlindungan warisan budaya tak benda dan kekayaan intelektual komunal. Pacu Jalur is one of the traditions of Kuantan Singingi Regency, Riau Province. Pacu jalur is also included in the scope of culture. For there to be preservation of culture, of course, there must be protection of that culture. This paper examines the concept of protection that can be given to the tradition of racing lanes. The research method in this paper is through a normative juridical approach. In this paper, we examine the concept of protection for the runway through the protection of intangible cultural heritage and communal intellectual property.

Indigenous Knowledge & Intellectual Property: Negotiating the Spaces

2008 ◽  
Vol 37 (S1) ◽  
pp. 14-24
Author(s):  
Terri Janke
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Indigenous Knowledge ◽  
Indigenous People ◽  
Indigenous Communities ◽  
Oral Traditions ◽  
Intangible Cultural Heritage ◽  
Communal Identity ◽  
Sound Recordings ◽  
Policy Initiatives

Abstract Indigenous knowledge is an integral part of Indigenous cultural heritage. Knowledge about land, seas, places and associated songs, stories, social practices, and oral traditions are important assets for Indigenous communities. Transmitted from generation to generation, Indigenous knowledge is constantly reinterpreted by Indigenous people. Through the existence and transmission of this intangible cultural heritage, Indigenous people are able to associate with a communal identity. The recording and fixing of Indigenous knowledge creates intellectual property (IP), rights of ownership to the material which the written or recorded in documents, sound recordings or films. Intellectual property rights allow the rights owners to control reproductions of the fixed form. IP laws are individual based and economic in nature. A concern for Indigenous people is that the ownership of the intellectual property which is generated from such processes, if often, not owned by them. The IP laws impact on the rights of traditional and Indigenous communities to their cultural heritage. This paper will explore the international developments, case studies, published protocols and policy initiatives concerning the recording, dissemination, digitisation, and commercial use of Indigenous knowledge.

scholarly journals On Protection of Intangible Cultural Heritage in China from the Intellectual Property Rights Perspective

2018 ◽  
Vol 10 (12) ◽  
pp. 4369 ◽  
Author(s):  
Qing Lin ◽  
Zheng Lian
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Copyright Protection ◽  
Patent Protection ◽  
Intangible Cultural Heritage ◽  
The Third ◽  
Current State ◽  
The World ◽  
Protection Mode ◽  
Ipr Protection

With the development of globalization, intangible cultural heritage (ICH) has come under increasing threat, making the safeguarding of ICH a crucial task for the governments and peoples of the world. This paper examines China’s current state of intellectual property (IPR) protection for ICH and proposes that ICH be placed under China’s legislative protection as intellectual property. Due to the immense diversity and complexity of ICH and the difficulty in reconciling various interests involved, the existing IPR protection mode faces many obstacles in practice. We present two case studies and three sets of recommendations on improving the protection of ICH in China. The first set relies on improving copyright protection for ICH, the second set relies on improving trademark and geographical protection for ICH, and the third set relies on improving patent protection for ICH.

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

scholarly journals UNESCO, Intangible Cultural Heritage and the market: Controversies and stumbling blocks

Pravovedenie ◽  
2020 ◽  
Vol 64 (1) ◽  
pp. 80-92
Author(s):  
Chiara Bortolotto ◽  
Keyword(s):  
Sustainable Development ◽  
Intellectual Property ◽  
Cultural Heritage ◽  
Traditional Culture ◽  
The Other ◽  
Intangible Cultural Heritage ◽  
Commercial Practice ◽  
Moral Economies ◽  
Legal Frameworks ◽  
The Relationship

This article considers the relationship between Intangible Cultural Heritage (ICH) and the market in the backdrop of the reorientation of UNESCO’s priorities regarding sustainable development. Based on ethnographic observations of the meetings of the governing bodies of the Convention for the safeguarding of intangible cultural heritage, this work analyses the controversies generated by “risks of over-commercialization” of ICH among actors with normative agency for designing “good” heritage governance. While the need to reconcile market and heritage is officially acknowledged, the inclusion of a particular commercial practice on the UNESCO ICH lists is qualified by many actors as “traumatic”. The debate spurred within the governing bodies of the Convention by the drafting of these documents sheds light on the controversial perception of the relationship between the market and ICH. In considering the idea of “commercialization without over-commercialization” suggested by actors to resolve the tension between heritage and market, this work highlights a constitutive ambiguity of the Convention. Based on the ideas of “misappropriation” and “decontextualization”, this concept is part of the logic of intellectual property. The Convention, however, was explicitly designed within an alternative paradigm emphasizing cultural dynamisms and shared belonging. While heritage entrepreneurs on the ground shift from one regime to the other making a pragmatic and strategic use of legal frameworks based on fundamentally different logics, this inconsistency generates normative conundrums among the actors involved with the official bodies of the Convention, torn between a proprietary and a heritage regime and their different moral economies. In the framework of the Convention, the principle of “commercialization without over-commercialization” embodies therefore a fragile compromise reflecting the tension between different regimes regulating traditional culture.

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.

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