Traditional Cultural Expressions Research Articles

AN ANALYSIS OF THE APPLICABLE LAWS ON THE PROTECTION OF TRADITIONAL KNOWLEDGE AND CULTURAL EXPRESSIONS IN NAMIBIA

Traditional knowledge (TK) and cultural expressions are morevulnerable to infringements because of their nature and the lack of protection as intellectual property (IP) under many legal systems. TK can, however, contribute to the social and economic development of a country, the preservation of cultural heritage, and the increase in innovation and invention. It is for this reason that it is important to enact laws and formulate policies that recognise, promote, and protect TK and cultural expressions. An analysis was made on the protection offered under Namibian laws to holders of TK and cultural expressions and considered the adequacy and effectiveness of such laws. The findings show that on a regional level, Namibia is a party to the Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore, however, the Protocol has not been incorporated into national IP-related laws. In terms of domestic laws, there are no IP laws that expressly recognise and protect works of TK and cultural expression. However, there are policies such as the National Intellectual Property Policy 2019-2024 and the Namibia Arts, Culture and Heritage Policy 2021/2022-2023/2026, which recognises the value of TK and the need to protect TK and cultural expressions. Therefore, it is recommended that government should develop a sui generis system that can help foster the preservation and development of TK and cultural expressions. The system should take into consideration the current social and economic structures so that it can be effective. The Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore can be used as a guide in developing a sui generis system for Namibia.

Protecting intangible cultural heritage in the era of rapid technological advancement

ABSTRACT Globalisation and social transformation have impinged upon Intangible Cultural Heritage (ICH) which is the foundation on which a nation’s identity and knowledge is built. Safeguarding and protecting it, therefore, is beneficial to understanding the present and charting the way forward for the future identities and development. Traditional Cultural Expressions (TCE) have over time suffered from misappropriation by the actions of people outside a traditional community. The development of technology has greatly enhanced this misappropriation on a world-wide scale with no benefits accruing to the traditional communities that originally own the expressions. With COVID 19 lockdown and social distancing, several sectors of the society have moved on to the use of technology to ensure that they remain relevant as technological advancement through scientific progress is a way of expressing the right to cultural life. This article appraised ICH, the problems of protection and focussed on Nigeria using traditional craftmanship as a case study. The article proffered modalities for safeguarding, most especially in this era of technological advancement amidst COVID-19 pandemic.

The Exploitation of Indigenous Communities by Commercial Actors: Traditional Knowledge and Traditional Cultural Expression

The protection of traditional knowledge (TK) and traditional cultural expression (TCE) of underprivileged indigenous communities is threatened due to frequent exploitation attempts by commercial actors for economic benefits. The literature highlighting the legal gaps and necessities to support such legal reforms to protect those communities are scarce in the literature, which has been studied in the current research. The current study aims to provide insightful recommendations for policymakers to help protect the legal rights of underprivileged communities scattered in various parts of the world. Indonesian study setting provided a perfect case to achieve the study objectives. Using a qualitative doctrinal legal research design, the secondary data were collected, and content was analyzed using phenomenological and linguistic analysis. The results revealed that the protection of TK and TCE in Indonesia and several underprivileged communities in various countries need serious legal amendments in local legislation considering international laws. Contextually, the Indonesian Copyright Law is inadequate to accommodate the full protection for TCE. Meanwhile, Indonesian laws that regulate traditional knowledge are overlapping and immature to protect national cultural heritage comprehensively. A new regulation is recommended to ensure that all international legal instruments related to traditional knowledge should help the community of traditional knowledge copyrights in Indonesia with affirmative action towards indigenous communities. Policy recommendations and future research directions are suggested to protect Traditional Cultural Expression and Traditional Knowledge of underprivileged communities in general and Indonesia in focus.

The Implementation of the Traditional Cultural Expression (TCE) Protection in Indonesia Based on Article 38 Law Number 28 of 2014 regarding Copyright

Indonesia as a multicultural and multi-ethnicity country has a wide Traditional Cultural Expression (TCE) which needs active protection as a cultural heritage from extinction and to provide certain economic benefits. However, a lot of elements are endangered due to the effect of globalization, lack of facilities, appreciation, and comprehension which cause erosion of values, functions, and cultural elements. This research was, therefore, conducted to discuss the implementation of TCE protection in Indonesia based on Article 38 Law Number 28 of 2014 concerning Copyright (Copyright Law 2014). It was concluded that the implementation of TCE protection is through the Draft of Governmental Decree concerning TCE but this draft has not been promulgated.

Supervision Arrangements in Order to Strengthen the Protection of Traditional Cultural Expressions as Intellectual Property

The government is responsible for protecting, not only traditional cultural expressions as part of biodiversity, but also as the property of local communities. Legal regulations related to the aspect of supervision in the protection of traditional cultural expressions have not been explicitly stated in statutory regulations. Regulating aspects of supervision related to the protection of Traditional Cultural Expressions are very important in order to provide a sense of security and comfort to indigenous peoples as owners of these Traditional Cultural Expressions, and to maintain respect for the communal community. The purpose of this paper is to find a juridical basis regarding the supervision of traditional cultural expressions. The research method in the preparation of this article is the normative legal research method, in which this research examines the laws and regulations that are related to legal problems that occur. The results showed that the aspects of supervision in the laws and regulations relating to the protection of traditional cultural expressions have not been regulated in a substantial and detailed manner and only become part of Article 38 paragraph (2) of the Copyright Law. The existence of an aspect of supervision carried out by related parties is very important as part of Article 38 paragraph (3) of the Copyright Law.

Mplementasi Perlindungan Hukum Hak Kekayaan Intelektual (HKI) Terhadap Ekspresi Budaya Tradisional (EBT) Di Tinjau Dari UU Nomor 28 Tahun 2014 Tentang Hak Cipta


 
 
 The purpose of this research is to find out how the current intellectual property rights (IPR) protection which regulates Traditional Cultural Expression (EBT). The research approach method used in this study is a juridical empirical method with descriptive analytical specifications. The results of the study found that Traditional Cultural Expressions (EBT) need protection of Intellectual Property Rights (HKI). The government's efforts to protect Traditional Cultural Expressions (EBT) can be carried out by implementing appropriate and proper protection regulations for Traditional Cultural Expressions. The importance of implementing proper and good regulations with the aim of protecting in the future Traditional Cultural Expressions do not experience extinction at both the regional and national levels.
 
 

Perlindungan Hukum Atas Hak Kekayaan Intelektual Karya Seni Musik Gamelan Bali

Indonesia has a variety of traditional arts, one of which is Balinese gamelan music, along with the development of times as well as technology and the internet, a Balinese gamelan music art is easy for the public to enjoy but is prone to copyright infringement. The Balinese gamelan is a traditional Balinese musical instrument that has a unique sound which is then developed and preserved by Balinese artists in anticipation of the occurrence of sengkera, and to obtain legal certainty for creators of Balinese gamelan music in their work. The purpose of this study is to determine the legal arrangements for the intellectual property rights of Balinese gamelan music and to know the legal protection of intellectual property rights of Balinese gamelan music. By using normative research methods. Intellectual Property Rights consist of copyrights regulated in Law No.28 of 2014 concerning Copyright which regulates protected works, traditional cultural expressions, and law enforcement efforts through civil suits, criminal charges, arbitration and legal remedies and criminal sanctions. It is better if the Copyright Law regulates traditional music works of art in more detail and is developed by examining legal violations that occur through technological sophistication both domestically and abroad.

Pengembangan dan Strategi Perlindungan Hukum atas Ekspresi Budaya Tradisional Di Kabupaten Lebak

This Research is aimed at knowing the development and strategy of law protection against Traditional Cultural Expressions in the Lebak district. In this Research, theoretically useful for society’s undergrad students. Practices are useful to both art and cultural users,of the Education and Cultural Services,of the Tourism service and associated agencies. But currently researchers have not found any particular protection against Traditional Cultural Expressions in the Lebak district. The expressions of traditional culture is a trademark of a people worthy of protection. The provision intended to avoid the actions of foreigners who might damage the cultural values. Since the role of the government to provide protection was necessary, it was necessary to bring out specific law. The qualitative work involves an empirical normative study method of law research by digging into the regulatory regulations. In addition to that researchers do retrieve direct data from communities.

INTERNATIONAL LEGAL PRINCIPLES IN THE IMPLEMENTATION OF ECONOMIC RIGHTS PROTECTION OF SEUDATI TRADITIONAL DANCE IN ACEH

The province of Nanggroe Aceh Darussalam is one of the regions in Indonesia which has a unique culture and has an interesting and famous traditional dance. One of them is the Seudati Dance of Aceh which has received copyright law protection. However, Seudati Dance has not been inscribed by UNESCO, nor has it had a legal framework in Aceh. The main question is how to protect the Seudati Dance of Aceh based on the principle of international law and how the protection would be implemented in Indonesia. The result of this research shows that the protection of Seudati Dance in international law falls into the category of traditional cultural expression. However, the role of Aceh Government, in this case, is still unclear. It seems that the Government is unable to take full responsibility for legal protection regarding traditional cultural expressions, especially Seudati Dance. This condition can be seen from the absence of regional regulation, specifically regulating the protection and preservation of the Seudati Dance. The protection of the Seudati Dance itself still only refers to Law No. 5 of 2017 concerning the Development of Culture.

There is No Such Thing as Bioprospecting and It's Ugly Too!

The discourse surrounding the proliferation of biological resources from the global south and its subsequent commercialization by the corporations in the developed world has been subject to impassioned rhetorical assertions in India and the rest of the third world. The people from the third world view the commercialization of their traditional knowledge and traditional cultural expressions from the prisms of their insecurities rooted colonial subjugation. The wide range of literature on the topic suggests that the International legal order too is aligned at felicitation of the plunder of the rich biological resources from the poor third world countries and the TRIPS stands at the forefront of those legal instruments. It is upon this premise that the proponents of greater protection to the TK describe the practice as colonial continuity, plunder of nature, patent imperialism, biocolonialism and biopiracy. Quite unsurprisingly, the charges of neo-colonist modes of exploitation of indigenous knowledge and resources are met with an equally rhetoric laden justification in the form of “Bioprospecting”. However upon a closer perusal of the modus operandi, one finds that “Bioprospecting and Biopiracy” are one and same thing in essence as they involve epistemological tagging of the indigenous knowledge as unscientific. Through this paper, I intend to undertake, from the philosophical prism, an assessment of the rationale behind IP protection to so-called knowledge of the west, to counter the rhetoric of Bioprospecting. Thereafter, I intend , inter alia, to explore alternatives to the practice of Bioprospecting which may bring significant long term dividends for the TK holders.

Politik Hukum Kewenangan Pemerintah Daerah dalam Pengaturan Hak Kekayaan Intelektual

Seiring dengan perkembangan ilmu pengetahan dan teknologi, objek perlindungan hak kekayaan intelektual pun semakin berkembang dari waktu ke waktu. Objek-objek yang dimaksud tidak hanya ada di satu tempat saja, tetapi menyebar di berbagai daerah. Pada beberapa cabang HKI, salah satunya karena kepemilikan komunal atau penemunya tidak lagi diketahui, tidak dapat diberikan perlindungan perspektif HKI, misalnya pengetahuan atau obat-obatan tradisional. Beberapa kasus di antaranya adalah pembajakan keanekaragaman hayati dari pengetahun obat-obatan tradisional Indonesia, yakni dipatenkannya tanaman brotowali oleh perusahaan Jepang. Di sisi lain, peraturan perundang-undangan bidang HKI minim memberikan kewenangan secara langsung kepada pemerintah daerah berkaitan dengan perlindungan HKI. Oleh sebab itu, penelitian yang bersifat normatif dengan pendektan peraturan perundang-undangan ini mengkaji politik hukum tentang kewenangan pemerintah daerah dalam peraturan perundang-undangan di bidang hak kekayaan intelektual. Hasilnya, dari seluruh peraturan perundang-undangan bidan HKI, kewenangan pemerintah daerah secara eksplisit hanya diatur dalam Undang-Undang Merek dan Indikasi Geografis. Selebihnya penyebutannya bersifat umum, misalnya penggunaan istilah “negara” dalam Undang-Undang Hak Cipta sebagai pemegang ekspresi budaya tradisional dan hak cipta atas ciptaan yang penciptanya tidak diketahui. Padahal, dalam konteks negara hukum, wewenang pemerintahan berasal dari peraturan perundang-undangan yang berlaku, sejalan dengan asas legalitas yang merupakan dasar dalam setiap penyelenggaraa kenegaraan dan pemerintahan.

Integration of Cultural Digital form and Material Carrier form of Traditional Handicraft Intangible Cultural Heritage

Intangible cultural heritage is the continuous progress of human society. Intangible cultural heritage refers to various traditional cultural expressions that exist in intangible form and are closely related to the lives of the people and inherited from generation to generation. Intangible cultural heritage is a human-oriented living cultural heritage. It emphasizes human-centric skills, experience, and spirit, and is characterized by living changes. What stands out is the intangible attribute, and more emphasis on the quality that does not depend on the material form. The biggest feature of intangible cultural heritage is that it is not divorced from the special life and production methods of the nation, and it is the living of the nation's personality and national aesthetic habits. Appears. It exists on the basis of human beings, using voice, image and skills as means of expression, and passing from word to mouth as a cultural chain to continue. It is the most vulnerable part of living culture and its traditions. Therefore, for the process of inheriting intangible cultural heritage, the inheritance of people is particularly important. The traditional handicraft intangible cultural heritage is one of the best. However, with the rapid development of society, the living environment of intangible cultural heritage has changed, and the intangible cultural heritage of traditional handicraft industry is rapidly declining or even disappearing. In order to protect traditional handicraft intangible cultural heritage, this article studies the influence of the integration of traditional handcrafted intangible cultural heritage with the form of material carrier, reading and analyzing a large number of related documents using the literature survey method, and according to research needs, through the study of the content of the literature In summary, a questionnaire survey method was adopted to investigate traditional handicraft intangible cultural heritage visitors and inheritors. The results of the survey found that visitors’ satisfaction with the integration of digital forms and physical carrier forms of intangible cultural heritage projects was nearly 30% higher than that of unintegrated forms. Inheritors generally believe that integrated research has better publicity and education for traditional handicraft intangible heritage. The merged handmade intangible cultural heritage items are easy to store, retrieve and query, and at the same time help to preserve the related traditional handmade intangible cultural heritage items safely and for a long time, making the traditional handmade intangible cultural heritage items widely spread and shared around the world.

Functions of Hausa Proverbs in Political Discourse

Karìn màganā̀ is a form of traditional cultural expression which has the status of a genre in Hausa oral literature. It is equivalent to a proverb. This paper presents examples of Hausa proverb usage in political discourse. The data were extracted from press articles published during the period of the Nigerian general election (February 2019). The research focuses on analysing discursive features of karìn màganā̀ and aspects of its contextual understanding and translation. In contemporary Hausa discourses proverbs perform textual and pragmatic functions. Each function in which a proverb is used changes its interpretation (representational meaning).

PERLINDUNGAN EKSPRESI BUDAYA TRADISIONAL INDONESIA DALAM SISTEM YANG SUI GENERIS

This paper aims to analyze the importance of Indonesian traditional cultural expressions governed by sui generis. To obtain these objectives, this legal research uses statutory approach with a systematic interpretation. Based on the results, it can be concluded that the regulation of Indonesian traditional cultural expression in Law Number 28 of 2014 about Copyright still cannot realize the protection of Traditional Cultural Expressions due to differences in characteristic between copyright with traditional cultural expression.

Protection of Traditional Cultural Expressions

This paper intends to study the protection of traditional cultural expressions in the context of the conventional intellectual property regime. It first identifies the genuine protection needs of indigenous communities. Next, the paper goes on to examine relevant treaties and touches upon the effectiveness of the type of protection. Last but not least, it presents the differences of positive and defensive protection strategies. To sum up, this paper discusses the protection of traditional cultural expressions mainly in copyright and copyright-plus terms.

Perlindungan Hukum Terhadap Hak Cipta Geguritan Bali Di Indonesia

Geguritan Bali as a Traditional Cultural Expression whose copyright is held by the State is a provision of Article 38 paragraph (1) of Law Number 28 Year 2014 concerning Copyright. Countries are required to inventory, preserve and preserve traditional cultural expressions. The problem is that the use of traditional cultural expressions is easily claimed to be the domain of other parties who registered and published it earlier. This study aims to analyze legal protection and legal remedies if the Bali Geguritan is reproduced without permission for commercial needs. This study uses a normative legal research method with a statutory approach. The results of this study indicate that the protection of Geguritan Bali's copyright works in the Copyright Act has not been able to protect the expression of traditional culture as a whole because of the blurring of norms and character differences between Intellectual Property Rights and Traditional Cultural Expressions. The Regional Government has the authority to file a lawsuit related to the multiplication of Geguritan Bali without permission for commercial needs. Based on the theory of the authority of the mandate granted by the state as the copyright holder to the Provincial Culture Office and the City Culture Office as the area carrying the Traditional Cultural Expressions.

Dilemmas of protection: decolonising the regulation of genetic resources as cultural heritage

ABSTRACT This article argues that since genetic resources carry cultural significance to many Indigenous communities, the protection of genetic resources should be considered in relation to the protection of Indigenous cultural heritage. It compares international regulations of genetic resources and associated traditional knowledge to those of traditional cultural expressions, focusing particularly on the Convention on Biological Diversity (CBD) and its implementation through the Nagoya Protocol. The article discusses how attempts to decolonise the regulation of genetic resources are impeded by two dilemmas that have also affected UNESCO and WIPO’s attempts to safeguard traditional cultural expressions. The first dilemma concerns the problems of promoting Indigenous self-recognition within a system of governance based on national agency and sovereignty. The second dilemma concerns how international regulations are based on a Western ontology that polarises natural and cultural resources, which has resulted in a reluctance to address intellectual property rights within the CBD. Exploring parallels between the regulation of genetic resources and traditional cultural expressions provides new perspectives on the difficulties facing the decolonisation of the protection of Indigenous resources and the implementation of Indigenous data sovereignty.

HARMONIZING CULTURAL DIPLOMACY AND COMMERCIALIZATION OF TRADITIONAL CULTURAL EXPRESSIONS: CASE STUDY ON I LA GALIGO THEATRICAL PERFORMANCE

Purpose: Indonesia is protecting Traditional Cultural Expressions (TCEs) by communal Copyright Law. In the case of I La Galigo, performers used one of Bugis's ancient literary works on theatre. Bugis people believe that there was a misappropriation of Bugis culture. This paper evaluates how cultural diplomacy gives benefit to the Bugis people and how to do Copyright law support I La Galigo theatrical performers. Methodology: From a methodological standpoint, this paper used both a normative and ethnography-legal research approach in data collection. Main Findings: Any society in Indonesia including the Bugis people has the freedom to preserve and develop their cultural values. Implications/Applications: The importance of harmonizing implementing legislation in protecting performers of traditional cultural expressions is very much needed. TCEs inscription as defending protection, its dissemination including cultural diplomacy, and its utilization become three chains supporting each other for the treatment of TCEs in the future. Novelty/Originality of this study: The research of I La Galigo theatrical performance in legal particularly traditional cultural expressions perspective has never been done by other researchers.

PROTECTION OF MELINTING DANCE AS HERITAGE CULTURE FROM LAMPUNG SOCIETY CUSTOM IN THE PERSPECTIVE OF INTELLECTUAL PROPERTY LAW SYSTEM

The existence of Melinting Dance as a traditional dance from East Lampung Regency does not get maximum protection against local communal intellectual property. The problem in this article is What is the protection of intellectual property law against Traditional Cultural Expressions? What is the role of the Lampung provincial government in protecting intellectual property against the communal rights of the traditional dance of Lampung Province? This research is intended to find a model of protection for the Melinting Dance. This research uses a Normative and Empirical Juridical approach.The research results found that the Protection of Intellectual Property Laws against Traditional Cultural Expressions is carried out by the government by making regulations Law No. 28 of 2014 concerning Copyright. To protect the masterpiece of Indonesian indigenous peoples, the Ministry of Education and Culture of the Republic of Indonesia has designated the Indonesian Intangible Cultural Heritage. The role of the Lampung Province government in protecting intellectual property against the communal rights of the traditional dance of Lampung Province consists of a normative role, namely by making regulations concerning the Protection of the Lampung People Intellectual. The ideal role of the Lampung Province government is by subjects and extracurricular in the school program, so children today do not forget the inheritance of their ancestors' culture. The factual role that is as an effort to protect and preserve the Melinting dance is done by holding activities such as the Traditional Festival, in various activities to be known by the public and also to show the existence of the Melinting Dance is maintained.As for the suggestions that can be conveyed in this study, the government and the House of Representatives of the Republic of Indonesia as the executive and legislative branch should immediately pass the Law on the Protection and Utilization of Intellectual Property Rights of Traditional Knowledge and Traditional Cultural Expressions. The Lampung Provincial Government should immediately realize the regional regulations governing art as a relic of the people of Lampung.

Technology in Support of Languages of The Pacific: Neo-Colonial or Post-Colonial?

The Pacific and Regional Archive for Digital Sources in Endangered Cultures (PARADISEC) has been digitising recordings of traditional cultural expression, oral tradition, and music (TCE) for 17 years. A major motivation for this work is the return of these recordings to where they were made. On the one hand there is social justice in preserving records of languages that are under-represented in the internet and cultural institutions, and making them accessible in what can be characterised as a postcolonial restitution of these records. On the other hand, if it is first world academics doing this work, it risks being yet another colonial appropriation of Indigenous knowledge. In this paper I explore some of these issues to help set directions both for our own work, and for future similar projects. “From ancient times to the present, disquieting use has been made of archival records to establish, document, and perpetuate the influence of power elites.” (Jimerson, 2007: 254). A quarter of the world’s languages are found in the Pacific. In communities sustained over many hundreds of years by local economies, the globalised world impinges through urbanisation and encroaching metropolitan languages, particularly in media, accelerating language change and language shift. Technology, in the form of computers, digital files, and ways of working with them, is a first world product, access to it is costly, and the interface to it is never in a local language but always in a major metropolitan language. Training and experience in using technology is not easily obtained, leading to a divide between those who are able to use it and those who are consumers of it, typically via expensive internet connections. How can a new kind of archival enterprise “establish, document, and perpetuate” the languages and their speakers, in order to counter what Jimerson calls the influence of power elites.