Traditional Cultural Expressions and Intellectual Property Rights in Indonesia
Protection of traditional culture and knowledge has been a concern in Indonesia. Efforts that have been made to legally protect Indonesian traditional expressions and knowledge usually involve intellectual property (IP) laws. However, the protection provided by IP laws may be inadequate for Indonesi...
| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
Universitas Airlangga
2019-12-01
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| Series: | Yuridika |
| Subjects: | |
| Online Access: | https://e-journal.unair.ac.id/YDK/article/view/15745 |
| _version_ | 1827364027253129216 |
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| author | Diah Imaningrum Susanti Rini Susrijani Raymundus I Made Sudhiarsa |
| author_facet | Diah Imaningrum Susanti Rini Susrijani Raymundus I Made Sudhiarsa |
| author_sort | Diah Imaningrum Susanti |
| collection | DOAJ |
| description | Protection of traditional culture and knowledge has been a concern in Indonesia. Efforts that have been made to legally protect Indonesian traditional expressions and knowledge usually involve intellectual property (IP) laws. However, the protection provided by IP laws may be inadequate for Indonesian traditional communities that care more about the survival and maintenance of their culture and knowledge than the legal exclusivity of their works. This study uses a normative legal approach with the perspective of hermeneutic circle to look at various studies and legal documents to find reasons why IP laws may not be entirely suitable for the Indonesian context and how an IP-based law can be designed to suit the actual needs of Indonesian traditional expression holders. The results obtained affirm that Indonesian traditional cultural expressions cannot be contained by laws that exclusively limit the usage of those expressions and thus a ‘sui generis’ law is needed to give a more appropriate protection. |
| first_indexed | 2024-03-08T07:59:51Z |
| format | Article |
| id | doaj.art-9688a3d03624407ea84e7760b54701aa |
| institution | Directory Open Access Journal |
| issn | 0215-840X 2528-3103 |
| language | English |
| last_indexed | 2024-03-08T07:59:51Z |
| publishDate | 2019-12-01 |
| publisher | Universitas Airlangga |
| record_format | Article |
| series | Yuridika |
| spelling | doaj.art-9688a3d03624407ea84e7760b54701aa2024-02-02T12:34:51ZengUniversitas AirlanggaYuridika0215-840X2528-31032019-12-0135225727610.20473/ydk.v35i2.157458034Traditional Cultural Expressions and Intellectual Property Rights in IndonesiaDiah Imaningrum Susanti0Rini Susrijani1Raymundus I Made Sudhiarsa2Widya Karya Catholic UniversityWidya Karya Catholic UniversitySekolah Tinggi Filsafat Widya Sasana MalangProtection of traditional culture and knowledge has been a concern in Indonesia. Efforts that have been made to legally protect Indonesian traditional expressions and knowledge usually involve intellectual property (IP) laws. However, the protection provided by IP laws may be inadequate for Indonesian traditional communities that care more about the survival and maintenance of their culture and knowledge than the legal exclusivity of their works. This study uses a normative legal approach with the perspective of hermeneutic circle to look at various studies and legal documents to find reasons why IP laws may not be entirely suitable for the Indonesian context and how an IP-based law can be designed to suit the actual needs of Indonesian traditional expression holders. The results obtained affirm that Indonesian traditional cultural expressions cannot be contained by laws that exclusively limit the usage of those expressions and thus a ‘sui generis’ law is needed to give a more appropriate protection.https://e-journal.unair.ac.id/YDK/article/view/15745intellectual property rightstraditional cultural expressionstraditional knowledgelegal protectionsui generis law. |
| spellingShingle | Diah Imaningrum Susanti Rini Susrijani Raymundus I Made Sudhiarsa Traditional Cultural Expressions and Intellectual Property Rights in Indonesia Yuridika intellectual property rights traditional cultural expressions traditional knowledge legal protection sui generis law. |
| title | Traditional Cultural Expressions and Intellectual Property Rights in Indonesia |
| title_full | Traditional Cultural Expressions and Intellectual Property Rights in Indonesia |
| title_fullStr | Traditional Cultural Expressions and Intellectual Property Rights in Indonesia |
| title_full_unstemmed | Traditional Cultural Expressions and Intellectual Property Rights in Indonesia |
| title_short | Traditional Cultural Expressions and Intellectual Property Rights in Indonesia |
| title_sort | traditional cultural expressions and intellectual property rights in indonesia |
| topic | intellectual property rights traditional cultural expressions traditional knowledge legal protection sui generis law. |
| url | https://e-journal.unair.ac.id/YDK/article/view/15745 |
| work_keys_str_mv | AT diahimaningrumsusanti traditionalculturalexpressionsandintellectualpropertyrightsinindonesia AT rinisusrijani traditionalculturalexpressionsandintellectualpropertyrightsinindonesia AT raymundusimadesudhiarsa traditionalculturalexpressionsandintellectualpropertyrightsinindonesia |