Traditional Cultural Expressions Research Articles

Legal Research of the Indigenous People Status Related To Access and Benefit Sharing the Utilization of Genetic Resources Traditional Knowledge and Cultural Expression Traditional In Indonesia According To the Regulation in Indonesia

Legal Research of the Indigenous People Status Related To Access and Benefit Sharing the Utilization of Genetic Resources Traditional Knowledge and Cultural Expression Traditional In Indonesia According To the Regulation in Indonesia

Perlindungan Hak Kekayaan Intelektual Terhadap Perbatikan (Tinjauan Terhadap Batik Yogyakarta Dan Solo)

One of the traditional knowledges in the arts and culture that is protected by Indonesia is Batik. Traditional batik with its classic motifs has been worked on for generations and is included in Traditional Knowledge and Traditional Cultural Expressions. Not all batik is registered for copyright because batik that needs copyright protection under Article 11 paragraph (1) letter f of the 1987 Copyright Act is a new art of batik. The problem that arises is how the legal protection of Yogyakarta Batik and Solo Batik is applied as Traditional Knowledge and Intellectual Property Rights (IPR). The purpose of this research is to know and understand the legal protection that can be obtained by Batik Yogyakarta and Batik Solo as the application of Traditional Knowledge and Intellectual Property Rights (IPR). The main theory used in this thesis research is John Locke's theory of Natural Law which states that the concept of property has something to do with human rights with its statement 'life, liberty, property'. The research method used is empirical normative research with qualitative research carried out in the field (field research) and take a research method with a non-judicial case study approach. The conclusion of the research is legal protection for Batik Yogyakarta and Solo as Traditional Knowledge carried out by the State by inventorying traditional batik motifs and maintaining Traditional Knowledge and Traditional Cultural Expressions. The legal protection of Intellectual Property Rights (IPR) that can be applied to Yogyakarta and Solo Batik is through the Copyright, Trademark, Patent and Trade Secret regimes.

Universalization of Indonesian cultural and scientific regulations

Indonesia ratified the agreement on the establishment of the World Trade Organization, including its annex agreement, the Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 1995. The alignment of Indonesian Intellectual Property Rights (IPRs) with that of the WTO’s TRIPS has been made easy owing to shared universal human principles that emanated from the country's constitution that was established at the time of independence. Consequently, Indonesia has transformed its legal system to be in sync with the United Nations Bill of Rights. While the WTO's TRIPS Agreement focused heavily on IPRs to which Indonesia’s contribution by way of filings has been low, Indonesia offers other countries lessons in the more subtle area of public order and morality. Community-based IPRs have emerged as a new area of interest in international fora, which has led to the recognition of traditional sources of knowledge, traditional cultural expressions and intangible cultural heritage. It is in this context that the Ten Principles of Bandung on cultural equality is examined to provide an illuminating account of how the harmonization of universal IPRs can help promote cultural equality for the benefit of society globally. The Five Principles of Indonesia’s constitution evolved to recognize the diversity generated from around 1300 indigenous communities in Indonesia. This paper provides an elucidating account of interventions to protect public order and morality using the examples of the Buddha Bar case, the Tropic Effect and the Wayang Golek statues. The manner in which the Indonesian government acted to protect public order and morality offers an incisive narrative towards strengthening universal regulations on cultural equality.

Reforming Copyright Law for a Developing Africa

This article explores the intersectionality between enhanced national copyright laws and economic growth of African creative industries. Recently, African creative industries, which include films, fashion, traditional cultural expressions, music, and literary arts, resurged into various national economic productive space. This article critically examines and analyzes the connecting thread between African creativity and economic growth. I use Nigeria as a case study to critically analyze how a strong National copyright regime may impel an indigenous creative industry, for example, ‘Afrollywood (a collection of indigenous African audiovisual film genre productions), and Nollywood, the Nigerian film industry, the third largest globally in terms of production index. Hollywood is the leading film industry while Bollywood and Nollywood occupy the second and third position respectively. Most developing economies in Africa, including Nigeria suffer from legal lag in their intellectual property (IP) right regimes. The consequences of playing ‘catch-up’ in IP policies and rights enforcement stalls the developing of a robust regional and international trade system and creative industrial base. Therefore, Africa interacts in a monetized creative field that is uneven. This article concludes that a starting approach to spur African creative industrial economic engine and artistic forces is reforming and enhancing its copyright laws to recognize digital era productive realities.

Normative Protection of Traditional Knowledge and Traditional Cultural Expressions in Indonesia

It is undeniable that the flow of globalization plays a major role in every aspect of state life, including the field of law and the legal product itself. Indonesia as a WTO member is obliged to ratify various types of international agreements to be made into domestic law products in the form of the Law. One of the important issues that must be protected is Intellectual Property Rights which is compiled based on the TRIPs standard. In its development, the concepts and characteristics of IPR have caused losses to developing countries such as Indonesia which have many assets in the form of traditional knowledge and traditional cultural expressions held by local communities. The IPR legal regime cannot accommodate the protection of traditional knowledge and traditional cultural expressions as a whole. The direction of legal regulation that protects traditional knowledge and traditional cultural expressions today is to form a new legal product that is specifically outside the IPR regime. The Bill on Traditional Knowledge and Traditional Cultural Expressions has long been composed by Indonesia since 2008 and included in the 2009-2014 National Legislation Program. But even until now there has been no approval made by the government. The normatification of this bill is very important to be done so that it can be given that traditional knowledge and traditional cultural expressions can be used as an aid for advancing the nation's economy. By using normative legal research methods and qualitative approaches, this study concludes that the IPR legal regime in Indonesia has not been able to provide maximum protection to traditional knowledge and traditional cultural expressions. Therefore, it is very important to discuss and ratify the Bill on Traditional Knowledge and Traditional Cultural Expressions to become products law to guarantee protection and provide economic benefits to the State and society.

Protection Of Indonesian Cultural Heritage Through Sui Generis Law

Indonesia‘s copyright law is inadequate to protect Traditional Cultural Expression (TCE) because moral right and economic rights in copyright law cannot be applied to TCE. The State/Government as copyright holder of TCE is also a false concept as it is a political entity that has no right to hold the moral and economic rights. Regulating TCE in different laws raises ―overlapping‖ legal consequences. A sui generis law might be more appropriate for cultural heritage protection as it specifies the policy objectives, subject matter, criteria, the owner of the rights, the kind of and the way the rights are adminsitered and enforced, as well as when the rights are lost and expire.

The person who has received the right to practice in traditional medicine as a subject of intellectual property right in the sphere of Health Care

This article reflects the person who has received the right to practice in traditional medicine. The traditional forms of creativity and innovation must be protectable intellectual property to protect traditional remedies and indigenous art and music against misappropriation, and enable communities to control and benefit collectively from their commercial exploitation. However, unlike the other countries in Ukraine traditional knowledge is protected by conventional intellectual property systems. In our country there are not any specific systems for protecting traditional knowledge.The traditional knowledge is generally regarded as collectively originated and held, so that any rights and interests in this material should vest in communities rather than individuals. In some cases, however, individuals, such as traditional healers, might be regarded as the holders of traditional knowledge or traditional cultural expressions and as beneficiaries of protection. So the subject of intellectual property rights on traditional knowledge is indigenous peoples, indigenous communities, local communities, traditional communities, individuals, as a group of people living in the territory, which differ from other community social cultural or economic living conditions, with their own traditions and customs legislation and in some cases individuals, such as traditional healers.The living nature of traditional knowledge means that it should be protected by the special intellectual property legislation.The author provides the idea to amend the legislation of Ukraine and make a legal instrument would define what is meant by traditional knowledge who the rights holders would be, how competing claims by communities would be resolved, and what rights and exceptions ought to apply.

Promoting Traditional Cultural Expressions via YouTube

YouTube is a potential media to promote Indonesian traditional cultural expressions in Indonesia. Even though the promotion of traditional cultural expressions is growing fast, the communal intellectual property law is still a big question mark. The purposes of this paper are, first, to identify how YouTube impact on utilizing Indonesian culture, to analyze how to gain economic benefit from broadcasting through YouTube, and to note how to balance rights and obligations between traditional cultural expressions stakeholders. From a methodological standpoint, this paper used both a normative and ethnography-legal research approach. This paper result is, first, YouTube gives influence directly and indirectly to the promotion of traditional cultural expressions; and second, custodian and performers of traditional cultural expressions potentially receive the economic benefit from broadcasting through YouTube. Ultimately, petahelix approach is required in obtaining a balance right and obligation between traditional cultural stakeholders.Keywords: YouTube, Traditional Cultural Expressions, Intellectual Property, Copyright

Exploring the Intellectual Property, Traditional Cultural Expression, and Gender Dimensions of the Benin Bronze Casting Art: An Agenda for Research

Benin bronze art are widely recognised cultural symbols of the Benin traditional empire in modern-day Edo state, Nigeria. By custom, the art is restricted to only male members of the bronze casting families; and the art remains much localised to Benin City, the capital of Edo state. There is a lot of literature on the bronze casting art but there remains a gap from the intellectual property (IP), traditional cultural expression (TCE), and gender dimensions. Undertaken as a desk-based research, this paper identifies the key issues and proposes a research agenda in that regard, with the aim of encouraging economic exploitation and proper harnessing of the IP and TCE rights of the bronze casting community, while also addressing the question of gender-inclusive participation in the art.

Protecting traditional knowledge and traditional cultural expressions through cultural heritage and human rights norms in Colombia

This paper deals with the legal protection of traditional knowledge and traditional cultural expressions through cultural heritage and human rights norms, considering the situation in Colombia. The first part of the paper observes the subject matter from the cultural heritage perspective. The second part sets forth the human rights viewpoint, emphasising some steps taken by the Colombian Constitutional Court. The last part offers a discussion of possible ways to explain some interactions between these two approaches, as well as between them and the intellectual property regime.

The governance of genetic resources, traditional knowledge and traditional cultural expressions under the Congo's legal system:

The governance of genetic resources, traditional knowledge and traditional cultural expressions under the Congo's legal system:

Protecting traditional knowledge and traditional cultural expressions through cultural heritage and human rights norms in Colombia

Protecting traditional knowledge and traditional cultural expressions through cultural heritage and human rights norms in Colombia

Traditional Cultural Expressions and International Intellectual Property Law

This presentation draws on my doctoral research, which was conducted on traditional cultural expressions in international law. This subject still fills me with passion even after having spent many years studying it. To sum up my Ph.D. thesis in a sentence, I studied how international law embraces traditional dances, songs, handicrafts, designs, and rituals. Very diverse fields of laws were relevant for this research, but in the framework of this presentation, the focus was kept on intellectual property. The goal of this presentation was to provide answers to two essential questions. The first question relates to the definition of traditional cultural expressions (I), the second one concerned the reasons underpinning the introduction of this concept in international law (II).

PERLINDUNGAN HAK CIPTA ATAS EKSPRESI BUDAYA TRADISIONAL PADA KERAJINAN TANGAN DI PROVINSI KEPULAUAN BANGKA BELITUNG

This study describes how the copyright protection of traditional cultural expressions on crafts in the province of Bangka Belitung. The study also aimend to determine the role of government on copyright protection of traditional cultural expressions on crafts in the the province of Bangka Belitung. Legal protection of the traditional cultural expressions on the crafts they attempt registration and record-keeping by the government, but there are some traditional cultures are registered and certified by the Ministry of Education and Culture called intangible cultural heritage. The role of government in the protection of copyright in traditional cultural expression in the crafts in this stage is to provide guidance, record keeping and registration by the government. With the government registering traditional cultures in the Pacific Island through the Ministry of Education and Culture annually through several stages of selection by the Ministry Center.

Perlindungan Hukum Preventif Terhadap Ekspresi Budaya Tradisional di Daerah Istimewa Yogyakarta Berdasarkan Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta

This research aims to get an overview of the legal protection of traditional cultural expressions in the Yogyakarta that will maintain several cultures from ownership claims by other parties or other nations. For this reason, efforts are needed so that the culture can be preserved from destruction and loss of culture due to claims of ownership by other parties. This research is a normative juridical research that takes data in the field as primary material. The result of this study is to protect against traditional cultural expressions which are communal, which is very different from the general intellectual property regime such as song copyrights, marks, patents which are very individualistic. The regulation regarding its proper protection component is carried out by using preventive protection as practiced by the Department of Culture of the Yogyakarta Province and the Culture and Tourism Office of Sleman Regency, namely by conducting cultural inventory and documentation, as mandated in Law Number 28 of 2014 concerning Copyright especially Article 38. Recording of non-material cultural heritage is considered important because some elements of cultural heritage do not begin to be threatened with extinction or potentially claimed ownership by other countries. Until 2016, 444 intangible cultural works were registered as Indonesian Intangible Cultural Heritage managed by the Directorate General of Culture, Ministry of Education and Culture. While the Yogyakarta Department of Culture has attempted to carry out an inventory of several cultures in Yogyakarta. There are 22 (twenty-two) cultural works recorded in Yogyakarta that have been designated as intangible cultural heritage of Indonesia.

Fashion as property in traditional culture: a Maasai case study

The cognizance of traditional knowledge and culture requires a perception into the history of a people of which their roots, culture and customs are encapsulated. In Africa, tradition existed way before its naming, definition or record during the continental wave by explorers or missionaries, and with time, colonial ideology cast it into categorizations of customs and ethnic tribes.4 The pre-existing tradition in its unaltered purity was distinct from the invented traditions Ranger5 describes as having been handed to Africans through socialization in European neo-traditions. Cultural imperialism aside, the concept of traditional knowledge and cultural expressions is a probable novelty to Western intellectual property systems depending on its discovery.6 A Western restrictive notion of intellectual property may consequently be ill-suited to incorporate other forms of property like culture or folklore outside its legal context7, posing a conflict of ideologies. The Africa Regional Intellectual Property Organization (ARIPO) thorough its Swakopmund Protocol8 recognizes tangible expressions such as textile, jewellery, costumes and needlework as expressions of folklore.9 Mirrored in Kenyan legislation, the Protection of Traditional Knowledge Act10, effectuates explicit constitutional obligations on the national foundation of culture11, which requires State legislative enaction for cultural protection including compensation for such use through royalties.12

LEGAL PROTECTION OF INTELLECTUAL PROPERTY RIGHTS OVER TRADITIONAL KNOWLEDGE ACQUISITION AGAINST ECONOMIC BENEFITS

Traditional knowledge is the result of innovation and creation of human beings both in terms of knowledge, art, and literature. Traditional knowledge can be utilized economically for the betterment and prosperity of society. The research method used is descriptive analytical with Juridical normative specification. Indonesia's Efforts in protecting intellectual property on traditional knowledge in Indonesia is the Indonesian government is preparing the Draft Law on Traditional Knowledge and Traditional Cultural Expression. Other Efforts that can be done is through the way of inventory or documentation of traditional knowledge in a region and can be done by publishing the traditional knowledge as Widely as possible. The underlying factors of traditional knowledge have not been optimally utilized as economic resources namely the lack of public knowledge about the protection of traditional knowledge and the cost of producing intellectual property is high enough

Ancestor Worship in Shanghai

This report examines different experiences of ancestor worship held by members of a younger and older generation living in Shanghai. The information used in this report has been gathered from Shanghainese and non-Shanghainese people interviewed in Shanghai. The participants were chosen based on what political era in China they grew up in. The goal of this research was to determine whether or not different generations of Chinese people held different beliefs towards ancestor worship or practiced ancestor worship differently in modern day Shanghai, and the extent of these possible differences. Over eighteen interviews, differences and disparities within ancestor worship practices became evident. Most notable were the distinct reasons as to why each generation viewed ancestor worship as valuable; while older people recognized the benefits of ancestor worship in promoting filial piety, the younger generation saw the practice as an expression of traditional Chinese culture. Results also showed that older participants mentioned a wider variety of types of offerings in comparison to those mentioned by the younger participants. There are many individual and generational disparities in the offerings and attitudes towards ancestor worship. What remains constant between generations is the participation in worship activities during significant Chinese festivals, the recognition of value of ancestor worship, the desire to teach ancestor worship to the next generation, the proportion of each generation that view ancestor worship as a superstition, the proportion that does not view ancestor worship as superstition, and the desire to make practices of ancestor worship less harmful to the environment.

Regulating Access and Protecting Traditional Health Knowledge through Intellectual Property Rights? Issues from a Holistic Health Systems Perspective

Traditional Health Knowledge (THK) has been a resource for modern pharmacology and the pharma-ceutical industry since its inception. Until the 2000s, there was little obligation to acknowledge the use of THK by the pharmaceutical industry. Now, with the intellectual property regime becoming a prominent mode of regulating use of pharmaceutical inventions and innovations, and attempts by the pharmaceutical industry to patent products based on THK, rights of THK holders are being fore-grounded. The World Intellectual Property Organization (WIPO) is seeking to protect the rights of THK holders through international legal instruments under the Intellectual Property Rights (IPR) framework. This article discusses dilemmas arising from this attempt at bringing together two diverse knowledge frameworks. It draws upon existing literature on the nature of THK and upon the debates of the WIPO’s Inter-Governmental Committee on Genetic Resources, Traditional Knowledge and Traditional Cultural Expression (WIPO-IGC), and analyses them from the standpoint of a holistic health systems approach (HHSA) in an era of Sustainable Development Goals (SDGs). The approach leads to the conclusion that deliberations and promulgations of the WIPO-IGC will have long-lasting implications for the survival of diversity and context-specificity in healthcare. Therein lies the significance of thinking through the policy and legal measures to be adopted nationally and internationally.

Afro-Cuban Folkloric Dance in the Age of Intellectual Property

Abstract:This article analyzes drafts put forth by the World Intellectual Property Organization (WIPO) to examine the gaps that are created when institutions attempt to assign authorship of traditional knowledge and traditional cultural expressions to individuals and communities and how these gaps impact the use of folkloric dance in cultural institutions. The analysis produced via anthropological mappings of policy is underpinned with an examination of terminologies that circulate between fields of discourse, spiraling their way into public policies concerning marginalized peoples’ rights, economies of art, and intellectual property. This is followed by ethnographic accounts of Afro-Cuban folkloric dance classes, for it is in the dancing bodies that gaps between policies of authorship and the reality of unstable streams of transmission and reception materialize. By reproducing and circulating these unstable streams, combined with various legal doctrines put forth by WIPO, cultural institutions appropriate Afro-Cuban folkloric dance to commodify individuals and communities.