Enhancing Protection for Balinese Traditional Cultural Expression: A Government and Academician Cooperation Approaches

DOI

10.2991/978-2-494069-93-0_27How to use a DOI?

Keywords

Protection of Traditional Cultural Expressions; Government Obligations; Commercial used; Cooperation Between Government and Academician

Abstract

In order to strengthen the protection of Balinese traditional cultural expressions based on inventory at the National Data Center for Communal Intellectual Property, this study aims to investigate the arrangements of communal intellectual property protection in international flora and in Indonesia as well as the significant role of cooperation between the government and academician. This study employs analytical, conceptual, and normative legal research methods with statutes. The study’s findings demonstrate that one kind of communal intellectual property is traditional cultural expressions. According to WIPO/GRTKF/IC/40/19, traditional cultural expressions are used to produce inventive and creative goods, and their protection can benefit both users and custodians while maintaining a balance between rights and obligations. Meanwhile, from the national context in Indonesia, Traditional Cultural Expressions are protected under Article 38 of Law No. 28 of 2014 on Copyrights where the state is considered the copyright holder. Traditional Cultural Expressions works have the potential to be developed as creative products in tourism activities. Therefore, inventory activity as an obligation of the government must be implemented by the government followed by a registration process to strengthen the protection of such Traditional Cultural Expressions. Inventory activity is significant to be implemented, primarily to protect Communal Intellectual Property ownership and prevent its use by parties outside the custodian who use it for commercial purposes without asking for permission. Strengthening the protection, and improving the inventory activity as well as its recording mechanisms are relevant to be implemented through intensive collaboration between the government and the academician.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Desak Putu Dewi Kasih
AU  - Ni Ketut Supasti Dharmawan
AU  - Anak Agung Istri Ari Atu Dewi
AU  - I Gusti Ngurah Parikesit Widiatedja
AU  - Anak Agung Gede Duwira Hadi Santosa
AU  - Putu Aras Samsithawrati
PY  - 2023
DA  - 2023/01/25
TI  - Enhancing Protection for Balinese Traditional Cultural Expression: A Government and Academician Cooperation Approaches
BT  - Proceedings of the 3rd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2022)
PB  - Atlantis Press
SP  - 226
EP  - 234
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-93-0_27
DO  - 10.2991/978-2-494069-93-0_27
ID  - Kasih2023
ER  -