The Impact of the Trips Agreement in the Framework of Providing Industries Based on Traditional Cultural Expression

Abstract

Indonesia, rich in EBT, has promising economic potential, especially related to the tourism and creative economy industries. Indonesia's original cultural wealth claimed to belong to other countries, amounts to 34 types of culture. This condition is undoubtedly detrimental to society. This study aims to analyze how the protection of industrial products based on traditional cultural expressions as part of Intellectual Property Rights after the entry into force of the TRIPS Agreement and to analyze how intellectual property rights law in Indonesia should be in order to protect traditional cultural expressions from claims by other countries. The research method used in this study is normative legal research that examines secondary data sources from literature studies in books, regulations, notes, and research results from previous studies. Efforts to protect traditional cultural expressions after the entry into force of the TRIPS Agreement with the inclusion of EBT in Law no. 28 of 2014 concerning Copyright. IPR law in Indonesia protects traditional arts from claims made by other countries by drafting adequate legislation, namely by issuing Law No. 5 of 2017 concerning the Advancement of Culture, which protects industrial products based on traditional cultural expressions to prevent claims and piracy from foreign parties.