batikkita.com

The other, I expected to visit at once heir Pekalongan batik. So I said my intention to examine the possibility of strengthening the protection of the batik them with the Copyright, cash flow concerns.

Dozens of years ago, a number of  Pekalongan batik artist invited to Malaysia to demonstrate making batik proces. With a clean heart and pride to the naive they thought, they meet the invitation. However, the Malaysian students who are not only smart, but also astute.

So to understand the specifics of making and the enrichment of Pekalongan batik idiom, they create a pattern design with a distinctive Floral motifs and colors that are similar with Pekalongan batik. Results “creative” and that it is registered as their Intellectual Property Rights.

Pekalongan city government reacted with a record of various patterns typical of Pekalongan batik and registered to the Directorate General of Intellectual Property Rights in Tangerang. Now, tens of origin of Pekalongan batik patterns have been “safekeeping” through the protection of Copyright.

Of course, the registration was not immediately clear the rights of the applicants in Malaysia. The problem, they are beginning to register more “creative” batiknya, which now start in the world known as a mark of batik. Apparently, they can also prove that the paper batik patterns they have a certain originality of different batik Pekalongan.

In the Copyright, creation of two independent artists similar to the same protection, can be proven that during the creation is not generated from the bad intention of mencontek. Moreover, if the “cheat sheet” is derived from traditional art works that are still difficult to completely protected by the system of Intellectual Property Rights, which is now public, which is generally derived from the International TRIPS Agreement 1994 (Agreement on Trade-Related Aspects of Intellectual Property Rights 1994).

Property

Why so? The legal argument presented is the most easy, because most of the work is so traditional public property. In order to be protected, it should be clear who first resultant. Even difficult to find individuals traditional creator of the art. If they can, often resultant have died more than 50 years ago. Nonetheless, the protection of Copyright average is only valid as long as the creator of life plus 50 years. Over the period, the paper should be considered to be public property.

Even if the national Copyright law has now been made a breakthrough by enabling the government take over the management rights for the interests of creators of identity is not known, the protection term also prone to debate.

Consequently, batik Pekalongan, Angklung sundanese, “Rasa Sayange”, and reog Roxburgh, if the works appear as pure, without the traditional “new touch” of individuals survivors, is also the wealth that is so traditional property. This is what makes the protection of Copyright which now applies only can talk, but not many.

Moral rights

Copyright also covers the Moral Rights. Moral rights listed in the Bern Convention, with Malaysia and Indonesia tied in it. Moral rights are not economic rights, but to protect the integrity of creation and creator rights to the name remains listed, even though he is no longer have the right to receive economic benefits from the brothers.

Experts protection of Intellectual Property Rights and Culture bloody Aboriginal Australia, Terri Janke stated, indeed Moral rights can also be used, not only to protect the integrity of a creator with his work, but also the integrity of dozens of community groups stakeholders tradition of Aboriginal Australia with the wealth of their traditional (Terri Janke Sam Garkawe in et.al, 2001).

So, at least, if there is a reproduction or use of new works from their tradition, permission must be asked and the group’s name must also remain included. Because the characters Copyright is a right of individuals, which usually occurs later, an Aboriginal artist who has authority from his nation, to create works based on their tradition. Then, when the paper was announced, he put his name at a time the name of the region or group of Aboriginal people who gave the authority, as one owner.

Indications on the Rights of Origin

In addition, there are also other potential protection offered by law, namely, the protection of the marks, names or an indication of the origin of goods, called the protection Indications of Origin. Protection of this Agreement is in Paris for the protection of Industrial Property 1883 (the Paris Convention for the Protection of Industrial Property of 1883). International agreement to protect the rights of intellectual property, other than Rights Reserved. Same with the Bern Convention, the agreement is also binding on Malaysia and Indonesia. Paris Agreement prohibits any outstanding items using a false indication of Origin or misleading.

In the national law of Indonesia, Indication of Origin actually have also been arranged. Unfortunately, the setting is only a small part of the Law. 15 Year 2001 on Brand. That makes a narrow interpretation of the public in the national legal experts, if there is discussion concerning Indications of Origin, which would be discussed “only” similar trademarks such as Nike, Prada or Channel.

Generally, song, dance, dance, or artistic works, the object is not directly Copyright Trademark, Copyright, but. So, what do not, that perception has arisen connection with the protection of Origin Indication works of traditional concrete works of art that is “wrong” from the beginning.

However, in Origin Indication protection is not sesempit. If Indications of Origin as a part of Geographical Indications in the broad sense, not only registered, historical and cultural roots of local, including the tradition of making, it is one of the main terms of protection, in addition to other natural factors.

Protection is also not require originality sekualitas Copyright or at the level of invention patents. That “only” need to be proven is, a name that disandang by goods or materials related works have a unique character, who comes from the influence of natural factors and the local cultural history. Thus, the protection of Geographical Indications, including indications of Origin, really respects the local character.

In short, the protection of Geographical Indications and Indications of Origin, according to name, want to protect and respect the “place of origin” that actually works. Interestingly, ownership Indications of Origin which is now commonly found and recognized many countries, it is the ownership of collective and not individual. In addition, once protected, perlindungannya time will be held continuously, for the quality intact. That needs to be done is to ensure that the work could have been related goods. This means, is already in the form of materials, such as tapes.

In addition, the work that still remains proven treatment, developed, and the expression of identity groups of people living in the area as an area of the wholeness (cluster). Indications of Origin because the most extensive scope, the unity of the region can only cover one town or village, some villages are in a neighboring province, an island in a country, region and even a country. Examples easy, in a wallet or purse Strandbag, one of Australia’s famous brands, there is usually also a description Made in China, imported by Strandbag, Australia. Description Made in China that is the indication of Origin.

Feta cheese case

Case traditional Feta cheese may be the most interesting case is controversial at a time of “seizing” a place of origin of products wealth tradition. Feta cheese is white or sheep from the goats that produced hundreds of years for local producers in Greece. Cheese is then known to the world with the traditional name, Feta. In Greek, Feta means incision. It is the traditional name does not directly linking the products with the original region, namely Greece. Because terkenalnya, cheese, and then also produced in France, Denmark, and Germany.

Initially, the name Feta has been considered to be public property, at least in mainland Europe. But then, the case revolved continue and scientific research, including the latest consumer survey, which was held to determine whether the name is really become public property in the area of Europe (generic) in mid-2005, appear with surprising results.

In fact, characteristic of traditional Feta cheese, both from the tradition of making or association in the minds of most consumers, shows that Feta is still rooted in the strong Greek. So, with big hearts, Feta cheese producers in France, Denmark, and Germany must stop their production. Most do not, change some elements of their production, including the use of the name Feta is a popular, in a period of five years at a time to restore control over the product to local producers in Greece.

Cultural Rights

Property is also a traditional Cultural Rights. According to the International Covenant rights Economic, Social and Cultural Rights, which Indonesia has ratified, the Rights are Human Rights Culture. Intellectual Property Rights can be said as part of the Cultural Rights because the same object. Moreover, if the object is also clearly associated with the Top Identity Rights, namely, as one of the determinants of cultural identity. Interestingly, the enforcement of the Rights of Culture as collective rights demands an active government role.

The government is obliged to take concrete steps, without delay, protect, fill, and uphold the rights of Culture. If not, a group of cultural identity, which is a source of collective mental strength, will also collapsed. In the context of the Rights of Culture, Indonesia actually have ratified the Covenant, while Malaysia has not.

In short, Moral Rights, Rights First Indication, and Cultural Rights can be used to maintain the cultural wealth of Indonesia. To menghormatinya, the Indonesian government must be more firmly and all the people of Indonesia should also be more study.

Community neighboring countries also, particularly Malaysia, must participate to learn. This process is not easy, but it is a necessity. If not, the integrity of the nation and harmony relationship nations antarsesama Serumpun will be the peril .***

The author, esais, a lecturer at the Faculty of Law, Ulead Bandung, and Doctoral candidates in the Law Faculty, University of Technology Sydney, New South Wales, Australia.

By Miranda Risang Ayu Opinion, Pikiran Rakyat, Tuesday December 4, 2007.

| | | | | |

---

[Translate]