Abstract
This article discusses the law conflict of Act RI No. 19, 2002 on Copyright with the traditional community rights in Indonesia. This study used a normative juridical method. Based on a normative study can be recognized: First the Act No. 19, 2002 lead to the law conflicts because of the formulation of Article 10 of this Act only authorizes the head of state as the Folklore holder (Folklore: part of the Traditional Knowledge) but the community rights as the owner of Traditional Knowledge and the Folklore itself was not accommodated in this Act, so that its existence was marginalized. Secondly, the differences in paradigms on the ownership concept between the customary law and Western law in the protection of intellectual property rights lead to many deviations that adverse the traditional community rights themselves. Keywords: Law Conflict, Act on Copyright with the Traditional Community rights
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
