Traditional Cultural Expressions Research Articles

Mexican Federal Law for the Protection of Cultural Heritage of Indigenous and Afro-Mexican Peoples and Communities

Abstract The present work analyses the new Mexican Federal Law for the Protection of Cultural Heritage of Indigenous and Afro-Mexican Peoples and Communities (Mexican sui generis law) against the benchmarks provided by the literature specialized in traditional knowledge (TK), traditional cultural expressions (TCEs) and genetic resources (GE). Having identified the elements that should be taken into consideration by any sui generis law, the work examines the consistency between them and the newly approved Mexican statute.

A review of the practices related to the protection of indigenous designs and traditional cultural expressions under intellectual property law in Canada and India

A review of the practices related to the protection of indigenous designs and traditional cultural expressions under intellectual property law in Canada and India

Legal protection for Reba as a traditional cultural expression in Ngada - Indonesia

Legal protection for Reba as a traditional cultural expression in Ngada - Indonesia

Traditional Knowledge and Traditional Cultural Expression amongst the PVTGs of West Bengal

Traditional Knowledge and Traditional Cultural Expression amongst the PVTGs of West Bengal

A review of the practices related to the protection of indigenous designs and traditional cultural expressions under intellectual property law in Canada and India

A review of the practices related to the protection of indigenous designs and traditional cultural expressions under intellectual property law in Canada and India

Navigating the Landscape of Traditional Cultural Expressions (TCEs) in Library Settings

Navigating the Landscape of Traditional Cultural Expressions (TCEs) in Library Settings

Innovative Application of Traditional Chinese Cultural Symbols in Contemporary Architecture

Traditional Chinese culture, with its distinctive nationality and regionalism, is a valuable source of creative elements for Chinese architecture, and also an effective weapon to cope with the impact of “internationalization” and “standardization”. In this paper, traditional cultural elements are symbolically categorized, dissected and innovated through architectural semiotics to explore the characteristics and application significance of traditional cultural symbols in contemporary architectural design. Moreover, case studies are conducted to derive the correct expression of traditional Chinese culture in contemporary architectural design, with a view to finding out a universal path for applying traditional cultural symbols in architecture.

The Changing Characteristics of Intangible Cultural Heritage from Ceramic Production Techniques of Zibo (Shandong, China)

Intangible cultural heritage refers to the specific expressions of traditional culture that are closely related to the daily life of the general public, such as folklore activities, performing arts, knowledge and skills, ceramics, objects, as well as handicrafts and cultural spaces. Zibo City is known as the "City of Porcelain", rich in diversified types of intangible cultural heritage. Among these, some are indigenous invention by local people during the long-term production activities, while some are imported from other places. However, whether it is native or foreign, it reflects the ingenuity, broad-mindedness, kindness and hard work of Zibo people. Moreover, the unique creativity, imagination and productivity of Zibo people is the basis and key component of Zibo culture, reflecting its splendid long history and culture.

Research on the Revitalization of Cultural Heritage in the Perspective of Cultural Creativity: Reinvention of the IP of the Forbidden City

The communication mode of Internet new media contributes to the vigorous development of the cultural IP ecosystem. Guided by the concept of cultural IP, the Palace Museum develops a series of cultural and creative products to realize the inheritance, creative transformation, and modern expression of traditional culture, to enhance the influence and appeal of the Palace Museum culture. Taking the cultural and creative works of the Forbidden City as the case study object, this paper expounds on the common methods of creative interpretation and display of heritage cultural symbols in the contemporary context by analyzing four aspects of the cultural and creative works of the Forbidden City: abstract extraction of symbols, interactive narration, the awakening of cultural memory and integration of ancient and modern cultures. Based on the three characteristics of the main body, intermediary, and channel of cross-media communication of the cultural IP of the Forbidden City in the new era, this paper explores the practical path of "living" inheritance and communication of cultural heritage and provides ideas and references for the design of cultural and creative products of historical museums.

MAINTAINING TRADITIONAL CULTURAL COMMUNICATION IN DIGITAL MEDIA (STUDY ON THE MAINTENANCE OF THE SORONG SERAH AJI KRAMA TRADITION ON COMMUNITY SOCIAL INTERACTION IN BAYAN, NORTH LOMBOK)

Sorong serah aji krama tradition is one of the wedding ceremonies series by the Sasak tribe that has been preserved to this day. This tradition is a form of traditional cultural expression of society represented through symbols on the means used that can influence the social interaction of the societies in Bayan in daily life, given that the symbols in the tradition are closely linked with how humans should act in society. Therefore, the issue discussed in this research is: (1) how does the process of sorong serah aji krama tradition in Bayan. (2) how is the symbolic interaction in the sorong serah aji krama tradition in Bayan? (3) What are the implications of symbolic interaction in the Sorong serah tradition over the social interaction of the societies in Bayan? This research object is a tradition of solid serah aji krama in Bayan, north Lombok, that will be researched using qualitative descriptive methods through observations, interviews, and documentation techniques of data collection. This research tries to find the symbolic form of interaction and the implication of symbolic interaction to the social interaction of society by using the symbolic interaction theory. The conclusion is this tradition begins with memulang, sejati selabar, tekang pengeraos, sorong serah aji krama, and ends with tekang pengeraos. Symbols that appear consist of gegawan, language, and behavior. The whole aspect of the symbol in the traditions relating to the godhead, nature, and social relations implicates the social interaction of indigenous societies.

Protecting Traditional Knowledge And Traditional Cultural Expressions Regionally: The SAARC Possibility

Protecting Traditional Knowledge And Traditional Cultural Expressions Regionally: The SAARC Possibility

Effectiveness of Islamic Law in Protecting The Copyright of Indigenous Peoples of Indonesia in The Form of Traditional Knowledge & Traditional Cultural Expressions

Copyright Protection of Indonesian Indigenous Peoples in the form of Traditional Knowledge (TK) &Traditional Cultural Expression (TCE) currently does not meet the sense of justice. The state is obliged to provide comprehensive protections capable of guarding the rights of Indigenous peoples under an adequate legal umbrella. Because the existence of Indigenous peoples, along with copyrights in the form of TK & TCE is part of the wealth and identity of the nation, this research focuses on how the view of Islamic law (Legal Opinion of Indonesian Ulama Council No.1 of 2003 concerning Copyright and Legal Opinion Of Indonesian Ulama Council No.1 of 2005 concerning Intelectual Property Right) with the maqasid al Shari’ah approach in protecting the rights of indigenous peoples. Islamic law is one of the secondary legal materials in determining state law and is expected to strengthen in providing solutions to this problem. The research method is normative with a concept and case approach to conclude that Islamic law (legal Opinion Of Indonesian Ulama Council) with the Maqasid al Shari’ah approach in protecting Traditional Knowledge (TK) &Traditional Cultural Expression (TCE) is a must. This is based on an obligation order covering several matters, including; the protection of life and hifzul nafsi/hifzul ‘irdhi, protection of reason (hifzul aqli), and protection of property (hifzul maal).

Eco-creative nature-based solutions to transform urban coastlines, local coastal communities and enhance biodiversity through the lens of scientific and Indigenous knowledge

Abstract Increasing anthropogenic pressure on the sea and alteration of coastscapes challenge the functioning of marine ecosystems and long-term reliance on blue economies, especially for developing southern economies. The structural hardening of shores can result in ecological disruptions, with cascading effects on the wellbeing and livelihoods of marginalised groups who depend on marine resources. Mitigation, adaptation and rehabilitation options for coastal developments should include innovative, socially responsible solutions to be used to modify shorelines and ensure long-term functionality of metropolitan coastal ecosystems. Nature-based innovations are being developed to improve surrogacy for natural marine ecosystems. The co-creation of nature-based structures, entailing partnerships between scientists and a local rural community is currently being considered in South Africa and we present this regional case study as a transdisciplinary framework for research in nature-based, ecological engineering of coastal systems. Novel transdisciplinary approaches include ecomusicological interventions, where traditional cultural expressions (TCEs) create opportunities for transgressive pedagogy. This step aims to ensure that the knowledge gathered through nature-based scientific research remains a part of community developed Indigenous knowledge systems. The merging of innovative, eco-creative approaches and TCEs has the potential to sustainably and ethically improve the functioning and diversity of coastal urban habitats. This review tackles the potential of transdisciplinary settings to transform urban coastlines using “low-tech” engineering and Indigenous eco-creative innovations to pedagogy, to benefit the people and biological communities as well as reduce social and gender inequalities.

Omed-Omedan as a Traditional Cultural Expression: Legal Protection of a Communal Intellectual Property in Indonesia

The study was aimed to identify, analyze and elaborate the legal arrangement for communal intellectual property protection in Indonesia, including “omed-omedan”. Further, the study also examined the commercial use mechanism of Traditional Cultural Expression, including “omed-omedan”. This writing was normative legal research using statutory approach and conceptual approach. The study indicates that omed-omedan shall be protected as TCE, hence any commercial use of omed-omedan by major industries and/or foreign investors must obtain a permit and fulfill other obligations including but not limited to the distribution of benefits to customary law community in Banjar Kaja, Sesetan as the custodian.

The Communal Dimension of Intellectual Property Rights: An Integrative Legal Perspective on the Future of Geographical Indications

This study aims to analyze the communal dimensions of geographical indication intellectual property rights with an integrative legal perspective. This research is a normative legal research. The results of the study confirm that the character of geographic indication rights which have a communal basis is actually relevant to the legal character of the Indonesian people who view intellectual property as joint property and can be used jointly. Therefore, the character of geographical indication rights that have a communal basis in the future can be regulated through legal instruments regarding Traditional Cultural Expressions which also contain provisions regarding geographic indication rights. This actually requires the role of the state as a trigger for the birth of a conducive economic climate by optimizing intellectual property in the form of geographical indications. Future arrangements for geographic indication rights in an integrative legal perspective can be carried out by optimizing the role of the government (bureaucracy) as a social changer. The role of the bureaucracy is based on laws and policies made by the central government and local governments. It is necessary to provide incentives for communities or legal entities that have an orientation to optimize geographic indications. The existence of incentives from the government should also be optimized in the realm of local government so that people are motivated to optimize geographical indications which can be used as a means to improve the economic level of the community.

Arctic Indigenous Peoples and Intellectual Property Law

Abstract This article deals with current issues regarding the protection of the traditional cultural expression and traditional knowledge of indigenous peoples of the Russian Arctic in the context of intellectual property rights. The relevant problem in terms of legal regulation is the collective nature of intellectual property rights for indigenous peoples, since we are talking about a society whose composition is constantly changing as some members are born and others die. Still, rights relating to cultural heritage belong to the people as bearers of their tradition. The collective nature of the intellectual property rights of indigenous peoples requires theoretical justification as a new phenomenon and a definition of the term, as well as special legal regulations and the development of mechanisms for the implementation of the right.

Is the registration system a prerequisite for the protection of traditional cultural expressions?

There are a few countries that have adopted a sui generis system to protect traditional cultural expressions (TCEs), including Panama in 2000, Taiwan in 2007, Kenya in 2016, and South Africa in 2019. From the operating experience of Taiwan from 2015 to 2021, we can see that there are many problems in the operation of the registration and examination system for protection of TCEs. This article collects and analyzes the model laws of several international organizations, including the 1982 UNESCO and WIPO Model Provisions, the 2002 Pacific Model Law, and the 2010 Swakopmund Protocol passed by the African Regional Industrial Property Organization (ARIPO). These model laws all recommend the protection of TCEs without the need to adopt an ex-ante registration and examination system. The guidelines of the Pacific Model Law suggest that a notification system may be adopted. Although Kenya’s 2016 law adopted a registration system, the registration system is voluntary and closer to the notification system.

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

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.

Implementation of the Utilization of West Lampung Traditional Cultural Expression in the Legal System Perspective of Intellectual Property

The embodiment of West Lampung Traditional Cultural Expressions has not been optimal both in terms of intellectual property protection and in terms of its usefulness for the local community of West Lampung. In this article, we will discuss how intellectual property legal protection is implemented if it is implemented in the protection of traditional cultural expressions and how far has the West Lampung Regency Government tried to protect and utilize the potential of traditional cultural expressions. This article aims to identify a model of protection against traditional cultural expressions in West Lampung by using normative and empirical legal research methodologies. The results of the discussion show that the Protection of Traditional Cultural Expressions is carried out based on Law Number 28 of 2014 concerning Copyright, Law Number 5 of 2017 concerning the Advancement of Culture, Law Number 11 of 2010 concerning Cultural Conservation and Government Regulation Number 6 of 2017. 2015 concerning Museums, and Regulation of the Minister of Culture Number 106 concerning Indonesian Intangible Cultural Heritage in addition to the autonomy of the Regional Government of West Lampung Regency has also made efforts to preserve istiadar custom through the Regional Regulation of West Lampung Regency Number 14 of 2000 concerning the Guidance, Preservation, and Development of Indigenous Peoples. and Customary Institutions. The West Lampung Regency Government also seeks to protect and preserve traditional cultural expressions by participating in activities such as traditional festivals organized by the Lampung Provincial Government so that the existence of traditional cultural expressions in West Lampung Regency is known to the public. However, overall the protection of the majority of traditional cultural expressions has not been inventoried and utilized optimally, including the traditional cultural expressions of West Lampung. There should be immediate efforts to regulate the protection of traditional cultural expressions in a sui generis manner apart from the Copyright Law.

Legal protection of geographical indications and the vacuum of international agreements in Iranian law

The intrinsic importance and value of geographical indications and their special characteristics, which, if protected, would have far-reaching economic, cultural and even political benefits, would justify the need to protect them. The present study descriptively-analytically examined the legal protection of geographical indications nationally and internationally and identified gaps in the protection of signs in Iranian law. The results showed that recognizing a geographical indication, whether through registration, court, administrative decision or other means, is not sufficient to realize the potential benefits of protecting a geographical indication. Also, although protecting a geographical indication is essential, it is not the only condition for its success. Also, although there are several ways to protect a geographical indication in theory, even ancillary laws such as the "Fight against Unfair Competition" and the "Consumer Protection Act" and other similar rules and regulations are among these valuable intellectual assets. They protect. However, there are limitations to their protection in practice, largely due to the wide variety of protection systems associated with these symptoms. It was also observed that despite special rules in some countries and territories with geographical indications, including Iran, there is still no global consensus and a single legal authority to support these indications at the international level fully. Therefore, it is necessary to create a comprehensive geographical indication design for a geographical indication to effectively create brand equity for a product or positively impact rural development or the preservation of traditional knowledge, traditional cultural expressions, or biodiversity.