PROTECTION OF TRADITIONAL CLOTH “TAPIS LAMPUNG” IN COMMUNAL INTELLECTUAL PROPERTY RIGHTS REGIME

Abstract

Indonesia does not have a specific legislation that regulates traditional culture (Traditional Cultural Expression) issues until right now. Lampung Province has a TCE heritage in the form of tapis, which if not maintained properly will be vulnerable to recognition by other countries that take advantage of its existence. Currently, regulations in Indonesia regulate cloth’s Protection in the copyright regime. However, the copyright regime has limitations in protecting it, for example, the limited time of protection provided. In addition, Tapis handicrafts have Intellectual Property Rights (IPR) potential, not only in copyright protected motifs but also other IPR potentials such as original materials and crafts that can be protected by Geographical Indications. So this can maintain the existence as well as the work of art and culture itself. In this study, the method used is the empirical normative legal method that examines and interviews the cloth weaver group through historical and historical approaches. Protection for Tapis Lampung can be achieved using two means, namely preventive legal protection, by implementing an integrated cultural data collection system that carries out cultural recording and documentation efforts with the aim of preventing claims of intellectual property rights protection against culture. In repressive legal protection, rules are made that can provide a legal basis for parties who will take action against outside parties who are considered to have taken or recognized the rights to cultural property in a clear and systematic manner.