Traditional Cultural Expressions Research Articles

Harnessing the economic value of indigenous knowledge in Kenya: a qualitative review of the legal framework

Purpose Commercial entities have recently expressed growing interest in commercialising indigenous knowledge (IK) due to its enormous economic and intrinsic value. As this happens, custodial communities must not be disadvantaged in the process. This paper aims to understand the legal framework of the commercialisation of IK to identify the opportunities and factors impeding or affecting the commercialisation of indigenous knowledge in Kenya. Design/methodology/approach The study used a qualitative research approach. An extensive exploratory literature review of existing legal instruments was done to establish the progress and gaps for commercialising indigenous knowledge in Kenya. Findings The study shows that the legal framework of IK in Kenya is inadequate. There are no well-established frameworks and policies to protect IK in Kenya, and thus, host communities are subjected to exploitation. The diversity of tribes and communities makes it challenging to have a clear framework, mainly because IK is a devolved function. The study identifies the Protection of Traditional Knowledge and Cultural Expressions Act 2016, The National Museums and Heritage Act 2006 and the Natural Products Industry as the key milestones towards commercialisation of IK, while inadequate documentation of IK, communal ownership and inadequate legislation were identified as the main impediments to commercialisation of IK in Kenya. Research limitations/implications Owing to the diverse cultures and tribal communities in Kenya, the research could not access all the literature on all traditional IK in Kenya, and very few case studies have been conducted in Kenya. Practical implications The gaps identified in the legal framework can form a basis for legislation, policy change, actions and research needed to improve the commercialisation of IK. Originality/value The paper underscores the importance of balancing economic empowerment with preserving cultural integrity and protecting indigenous rights in commercialisation.

Exploring The Relationship of Traditional Cultural Literacy and Dance Teaching in Shanxi Vocational College of Art

Dance is an art form that originates from life and is higher than life. Dance presents meaningful or valuable events in life on stage through specific arrangements, costumes, and props. Dance originated from the primitive Nuo opera and was a form of celebration in primitive society. After thousands of years of development, dance forms have already acquired complete forms and cultural connotations. And China's unique folk dance culture also exudes unique charm. In addition to absorbing the essence of foreign culture, it is equally important to inherit traditional folk dance in dance teaching in universities. Therefore, it is particularly important to incorporate traditional culture into dance teaching through what methods and teaching methods are used.Dance is created by the working people in their long-term life practice, containing the wisdom of the working people. In dance teaching, it is not only necessary to impart dance skills, but also to enable students to understand the traditional culture of the nation. Dance is one of the forms of traditional cultural expression, with distinct regional and strong ethnic characteristics. Dance embodies special cultural phenomena from content to form. At the same time, traditional culture is a reflection of life at a specific time, reflecting cultural reconstruction. In dance teaching, incorporating traditional culture is beneficial for students to understand traditional culture and experience the essence of dance.

Legal Protection of Bambu Gila Dance as a Traditional Cultural Expression

This study aims to examine the bambu gila dance as a potential intellectual property for traditional cultural expressions in Maluku which should receive legal protection as part of efforts to defend cultural heritage from claims of ownership by other parties or other countries. Bambu Gila Dance is one of the famous traditional arts from Maluku. The traditional cultural expression in the form of the Bambu Gila dance is expressly protected by the Indonesian intellectual property rights system. However, protection for Bambu Gila Dance as a traditional cultural expression cannot be realized so that it can only be used by other parties illegally. This research is a normative juridical research supported by primary legal materials and secondary legal materials with a conceptual approach and statutory approach. Legal protection for the traditional Bambu Gila dance from Maluku Province has not been effectively implemented, both based on Article 38 of Law Number 28 of 2014 Concerning Copyright, as well as in terms of the actions of government officials who have not been able to inventory traditional dance performance artworks as an expression traditional culture in Maluku including the Bambu Gila Dance. The role of the Provincial and Regency Governments in Maluku is crucial in realizing legal protection for traditional dances, including the Bambu Gila Dance, as intangible cultural heritage through the establishment of regional regulations. These regulations serve as legal basic to provide legal certainty as part of efforts for preventive legal protection for the Bambu Gila Dance.

Legal Protection of Traditional Cultural Expressions “Penginyongan” in Banyumas Regency Based on Law No.28 of 2014 concerning Copyright

Traditional Cultural Expressions (TCE) in Penginyongan are diverse and unique. The uniqueness of Penginyongan culture has distinguished between the Javanese Palace culture (Keraton) and Ngapak culture. This condition makes cultural expressions more tangible to the community as folk art. The protection of TCE in Article 38 of Law No. 28 of 2014 on Copyright mandates the state to inventory existing TCE. However, only a tiny part of Penginyongan TCE in Banyumas Regency has been recorded, namely cowongan and begalan. This research uses a qualitative approach with normative juridical. Institutionalisation in protecting Intellectual Property Rights in Banyumas Regency can be seen in terms of legal substance, structure, and culture. In terms of legal substance, the protection of TEE is shown by the laws and regulations that protect it, although there is no specific law for the protection of TEE. Regarding legal structure, TCE protection in Banyumas Regency is carried out by Dinporabudpar (Department of Youth, Sport, Culture, and Tourism). Still, it has limitations, including in efforts to register Communal Intellectual Property Rights. In terms of legal culture, the protection of TCE in Banyumas Regency has obstacles related to the existing ‘speech’ culture.

Quo Vadis Traditional Cultural Expressions Protection: Threats from Personal Intellectual Property and Artificial Intelligence

Legal certainty for Communal Intellectual Property protection on the inventory and record-keeping arrangements in terms of ownership proof in Indonesia, has increasingly been regulated in various regulations. However, threats are also growing. Traditional Cultural expression works are easily turned into personal video works. Along with that, such works are also vulnerable as those are easily threatened by Artificial intelligence’s ability to express works made from previous works of art such as paintings. This article aims to analyze Traditional Cultural Expressions protection which are transformed or adapted into personal works or works made by Artificial Intelligence and the measures to overcome these threats. The results show that referring to Government Regulation 56/2022, the commercial use of Traditional Cultural Expressions works both in the form of adaptation and transformation by individual humans and Artificial Intelligence is required to obtain a permit and pay attention to the distribution of benefits which will further be determined by the Minister. However, regulations on this mechanism has not been explicitly regulated. Measures to overcome threats can be made through measures to turn threats into opportunities and strengths. It is also relevant to prioritize countervailing measures, namely by following the pattern of threats as a balancing act.

Pelindungan Tarian Tortor Dan Gordang Sambilan Sebagai Ekspresi Budaya Tradisional Di Indonesia

The role of the local government of North Sumatra province in the development of Tortor Toba dance and gordang sambilan dance as performing arts that are expressions of traditional culture. EBT (traditional cultural expression) is a form of traditional intellectual property. Tortor is a dance, but the meaning more than the movements states that Tortor is a medium of communication, where through the movements displayed there will be interaction between participation in ceremonies, weddings, and also welcome. On the other hand, the lack of attention of the Indonesian government makes the Tortor dance has no copyright protection, therefore the author is interested in conducting further research on legal protection of the Tortor dance, the important role of the local government of North Sumatra province and the solution that can be provided by the government to the problem of claiming tortor and gordang sambilan dances by neighboring countries. This research uses qualitative descriptive research methods, with normative-empirical legal research types. Data collection techniques are interviews, documentation and data sources from the North Sumatra Provincial Culture and Tourism Office and the owner of the Sihoda dance studio. The finding in this study is that legal protection for Tortor's dance has not provided legal certainty specifically for Tortor's own dance, but the law recognizes the existence of regional arts.

Challenges in Protecting Architecture of Traditional Houses in Indonesia

This paper aims to analyze the regulations related to protecting the architecture of the traditional house in Indonesia and the challenges in related regulations. To achieve these goals, the research uses a normative legal writing method with descriptive-analytical specifications. Firstly, the findings reveal that traditional houses are part of traditional cultural expressions (TCE). Indonesia protects architectural works and TCE in the same intellectual property regime, namely copyright. Therefore, this paper examines the protection of traditional house architecture from the perspective of Copyright law, the Law on the Advancement of Culture, and the TCE Bill. The abovementioned regulations state that the architecture is a protected object unless the TCE Bill is. Second, there are some challenges, such as 1) the priority of the TCE Bill after the change of president; 2) song and music get more benefit from copyright protection rather than the other objects in the copyright regime and no implementing regulation on architecture; and 3) the TCE data collection/inventory is still not optimal yet. Therefore, Indonesia needs to think more seriously about adequate and applicable legal protection for traditional house architecture and other TCEs. The central government should encourage regional governments and related parties to continue data collection and registration of various TCEs in each region to increase the number of registered TCEs. The central government should provide a target number of registered TCEs for the local government. If the target is met, the central government will give a reward so that the local government and related parties will be more enthusiastic about collecting data and registering the TCE with DJKI.
 Keywords: architecture, traditional house, legal protection, Indonesia

On the Tension between Copyright and the Conceptions of Collective Creation in some Mapuche Poetry

America has many Indigenous peoples in its territory, with their own cultural, artistic and intellectual ways of communicating. In this sense, the Mapuche people, who traditionally lived in the South of Chile and Argentina, have faced a dichotomous process of integration and resistance, in which the transmission of values and cultural/artistic elements across generations has been fundamental to preserving a common cultural base. Those values have been transmitted, among other things, through poetry. However, it seems that some cultural expressions find it very difficult to accommodate the rigid legal structure of Copyright. One of the main reasons is that Copyright understands creation as something individual, or at least as made by specific individuals. But the Mapuche understands that some of their artistic creations belong to the community as a whole, and not to one individual. This article attempts to show the existing tension between the individualistic tendency of the legal framing of Copyright and the collective characteristics of Mapuche poetry, to propose a review of the adequacy of Copyright norms to regulate those specific and traditional cultural expressions.

The Artistic Expression and Integration of Traditional Culture in Traditional Chinese Medicine Art: Innovative Paths and Practical Exploration

This article conducts an in-depth study on the artistic expression and integration of traditional culture in traditional Chinese medicine art, proposing strategies for innovative paths and practical exploration. Regarding the resonance and innovation in traditional culture, the article emphasizes the urgency of innovation in traditional Chinese medicine art through the exploration of its traditional cultural roots. It also discusses the balance between traditional culture and modern aesthetics. In the diversified exploration of artistic expression, the article pays attention to the inheritance of artistic conception of Chinese painting attempts to integrate contemporary art forms, and explores the application of multimedia technology in traditional Chinese medicine art. Furthermore, the article delves into the reconstruction of cultural symbols and their global dissemination, including the exploration of the connotations of symbols in traditional Chinese medicine culture, innovative methods for symbol reconstruction, and strategies for the international dissemination of traditional Chinese medicine art. Finally, through practical exploration and prospects, the article proposes specific development directions, such as exhibitions and promotion of traditional Chinese medicine art, innovative practices in traditional Chinese medicine art education, and the deep integration of technology with traditional Chinese medicine art. The aim of this article is to provide beneficial insights for the sustainable development of traditional Chinese medicine art, promoting the display of its unique charm on the international stage.

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

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

APAKAH ONDEL-ONDEL SEBAGAI WARISAN KEBUDAYAAN DALAM PERLINDUNGAN HUKUM KEKAYAAN INTELEKTUAL KOMUNAL ?

Ondel-Ondel is a cultural heritage that is used as a complement to various traditional ceremonies and art activities that are performing, introducing Betawi culture or art performances but at this time there is a diversion of the function of ondel-ondel art which should be an Intangible Cultural Heritage, turning into a tool for busking, begging is considered a form of violation of public order. This study aims to analyze the protection of Betawi people's rights to Ondel-Ondel art as communal intellectual property whose use by the State and examine the application of legal protection for changes in the function of Ondel-Ondel art for busking by the DKI Jakarta government. This research uses normative juridical research. The protection of the Betawi people's rights to the art of Ondel-Ondel as Communal Intellectual Property, Traditional Cultural Expressions, by the state is still unclear and needs an explanation of the rules for the application of the state as a holder and who protects EBT and needs to involve indigenous peoples, as holders of EBT, in order to protect the ownership of Communal Property and concrete actions of the State in collaboration with the local community, public awareness, supervision and provide strict sanctions against violations of public order. Keywords: Ondel-ondel; Order; Communal.

PERLINDUNGAN HUKUM TERHADAP HAK KEKAYAAN INTELEKTUAL KOMUNAL DI SULAWESI UTARA

This research aims to determine and analyze the substance of the regulation of communal intellectual property rights in Indonesia and to determine and analyze the role of Regional Government in providing legal protection for communal intellectual property rights in North Sulawesi. The method used in this research is a normative legal research method which uses a statutory approach to examine the regulation of communal intellectual property rights and an empirical method to determine the role of Regional Government in providing protection for Communal Intellectual Property Rights in North Sulawesi. Data analysis uses the content analysis method for primary and secondary legal materials, while data obtained through interviews uses qualitative data analysis. The results of the research show that the regulation of Communal Intellectual Property includes several regulations, namely Law of the Republic of Indonesia Number 11 of 2013 concerning Ratification of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Haring of Benefits Arising from Their Utilization to the Convention on Biological Diversity, Law- Law of the Republic of Indonesia Number 28 of 2014 concerning Copyright, Law of the Republic of Indonesia Number 20 of 2016 concerning Marks and Geographical Indications. The role of the regional government of North Sulawesi Province and Regency/City in providing protection for Communal IPR by carrying out registration which includes Traditional Cultural Expressions and Traditional Knowledge, while Indications of Origin and Geographical Indications as well as Genetic Resources have not yet been registered. This research concludes the Legal Regulation of Communal Intellectual Property It has not been regulated in a specific regulation but is still spread across several laws and regulations, while the role of Regional Government shows that not all are actively paying attention to protecting Communal IPR, which is measured by the number of Communal IPR registered and those currently in the registration process.

Traditional Cultural Expression in Copyright: Bridging the Gap between Indegionous Knowledge

Traditional Cultural Expression in Copyright: Bridging the Gap between Indegionous Knowledge

Niektoré súčasné podoby pseudoľudovej kultúry vo verejnom priestore

Stylized expressions of traditional folk culture are currently enjoying increased public interest in Slovakia. When using and reviving elements of folk culture, we can encounter that even such manifestations that are not really folk culture are passed off as folk culture. This is pseudo-folk culture (fakelore), which misleadingly communicates false content. The text defines the term pseudo-folk culture in the context of other related terms. The next part of the study is devoted to specific forms of the use of "foreign" ornaments in pseudo-folk manifestations and considers the question of "ownership" of elements of folk culture.

Perlindungan Kekayaan Intelektual Batik Tradisional Dalam Perspektif Hukum

Batik is a culturally significant craft with considerable artistic merit that has permeated Indonesia. Batik featuring traditional motifs is thus a significant cultural artifact of Indonesia. Therefore, batik must be safeguarded, maintained, and its growth must be encouraged. The copyright for this batik art, which has been practiced for generations as part of a traditional culture, shall be owned by the state in accordance with Article 10, paragraph 2 of Law No. 19 of 2002 on Copyright. Nevertheless, this legislation has proven inadequate in safeguarding the intellectual property rights of conventional batik motifs during its execution. This research approach is based on an empirical legal methodology. The research findings indicate that Surakarta Kraton batik is categorized as one of the craft arts that has effectively rejuvenated its motifs, techniques, and applications, thereby ensuring its continued existence. Consequently, special protection is required, with the purpose of safeguarding traditional cultural expressions in order to prevent their extinction and preserve cultural heritage. Sui generis IPR protection is intended to safeguard folklore by ensuring that its philosophical, symbolic, theological, and sacrosanct values remain intact.

Genetic Resources in South Bangka (protection of communal intellectual property amidst environmental destruction)

Since the distance past, Indonesia has been notable for its abundant biological resources. This is partly influenced by the geographical factors. This abundance is also possessed by the Bangka Belitung Islands, including South Bangka Regency. Based on data processed from the National Data on Indonesian Communal Intellectual Property, there are six traditional cultural expressions and seven ancestral knowledge recorded in South Bangka. This means that no genetic resources are legally registered. However, there is a lot of potential. Moreover, this district geographically differs remarkably from other regions, one of which is its numerous small islands. On the other hand, this area comprises tin mining locations which have a direct impact on the environment, including sites that have been recognized as habitats for genetic resources, both flora and fauna. This research uses empirical judicial methods, associating regulations with the facts that occur. The data used is primary data obtained from interviews and focus groups discussion, as well as secondary data obtained from literature studies of a number of documents. The results of the studies carried out showed that the protection of communal intellectual property of genetic resources is facing several serious problems, one of which is environmental damage. This is due to the massive tin mining activities, as well as the pepper gardening system which has always been on the move since earlier period. This means that environmental management in the region has an impact on the protection of genetic resources, including legitimately.

Scope for Branding Dora Baran Gamosa Through Intellectual Property Rights and Technology

Dora Baran’s (the groom stole/apparel of the Assamese community) value proposition is created by its contemporary designs, motifs, symbols, yarn richness and, made-to-order provision between the bride and the finesse of customary institution xipinie (Assamese word for Weaver). This apparel can be an avenue for the handloom weavers to increase and sustain a regular household income. However, it needs integrated marketing between buyers and weavers through multiple platforms, and thus, creating a niche or customized market. The business environment for the sector includes about 10,50,189 weavers operating through household looms, self-help groups, unorganized handloom sheds, handloom cooperatives and the regulatory authority of the Directorate of Handloom and Textiles and, policy intervention by the Ministry of Handloom Textile and Sericulture, Directorate of Economics and Statistics Assam. (2022). Statistical Handbook Assam-2022, 54th Edition. Government of Assam. This sector is severely constrained by product consistency, trust and deceptive quality of yarn, distressed sale and an infringement by Ghuni. The intrinsic challenges are depleting artistic weaving skills, revenue leakage from the Assam region, the stagnancy of income through weaving vocation and certain health hazards attributed to the weaving skills and age of the weaver. As a result, the Traditional Cultural Expression (TCE) is vanishing due to neo-societal norms and the weavers are switching to commercial weaving, short-term livelihood activities with little scope of sustainability within the local innovation system of the Assam region. The authors argue that the void between the demand side and supply side is due to a lack of trust, generic artistic skill and inconsistency of the yarn and artefact quality. The authors propose policy intervention of synchronizing branding strategy with registration for design rights, rule of law and block-chain technology solutions to imbibe authenticity and reliability across the supply chain.

Legal Protection Prospects Traditional Cultural Expression of Lampung

The protection of intangible cultural goods, such as oral traditions, is a source of tension between industrialized and developing nations. Many advanced nations argue that culture emerges in the absence of restrictions on normative forms of expression. Using normative approaches, this study examines the current state of traditional cultural expressions in Indonesia and their potential for legal protection in Lampung. The Heritage Law and the Copyright Law both place the onus on regional and municipal governments to conduct cultural inventory, recordings, and documentation to preserve Indonesia's rich cultural heritage. Traditional cultural manifestations in Indonesia are not now protected by a government-enacted statute. Lampung Province is home to a wealth of intangible and tangible cultural expressions that deserve legal protection. Such expressions could be safeguarded by provincial, regional, and municipal regulations that establish a hierarchical framework for protecting Lampung's traditional cultural expressions following the Copyright Law. To prevent other countries from readily claiming their intellectual assets, the Provincial Government of Lampung must work with the community, local government, and the central government to establish regional legislation to protect traditional cultural manifestations.

Protection and preservation of traditional cultural expressions & traditional knowledge in handicraft trade: advocating the need for a global cultural policy framework

Protection and preservation of traditional cultural expressions & traditional knowledge in handicraft trade: advocating the need for a global cultural policy framework

Rekindling the spirit of resistance in Ludruk folk art

Indonesian artist-activist Moelyono and arts worker Riksa Afiaty engage in a deep conversation focusingon the East Javanese folk performance called ludruk. Ludruk is a medium of art that voices theresistance and struggles of the lower classes through humour, improvisation and popular narratives.This Javanese traditional cultural expression has survived through the dark history of Indonesiangenocide followed by decades under an oppressive military regime. Ludruk has been historicallyelevating gender pluralism and galvanising community participation in attaining self-sustainability,including during the COVID-19 pandemic. In this dialogue, Afiaty and Moelyono reflect on how art isintertwined with social movements, self-organising, independence, and sustainability, and how artworkers’ are increasingly challenged in traversing their roles as facilitator, agitator, innovator,motivator, curator, and networker.