Legal Protection Of Ulos Batak Toba Traditional Motifs As Communal Intellectual Property In The Development Of National Law

Abstract

The protection of traditional Batak Toba ulos motifs as communal intellectual property is the responsibility of the state. The traditional motif of Toba Batak ulos is a traditional cultural expression (TCEs) that needs to require a much deeper regulation, both in the form of its regulations and implementing regulations to complement existing regulations. In supporting the protection of communal rights in indigenous peoples, there is a need for in-depth regulation of traditional motifs as traditional cultural expressions (TCEs) as well as provisions for the scope of protection of traditional intellectual property, such as traditional motifs that already existed in indigenous peoples. Traditional motifs as traditional cultural expressions (TCEs) as well as provisions for the scope of protection of traditional intellectual property, such as traditional motifs that already existed in indigenous peoples, are needed to support the protection of communal rights in indigenous peoples. The system for protecting intellectual property rights (IPR) on traditional cultural expressions, as regulated by Law Number 28 of 2014 concerning Copyrights, is still unable to protect indigenous peoples' (custodians') interests regarding the importance of special arrangements (Sui Generis) regarding traditional cultural expressions. Several countries have enacted a specific law (Sui Generis) to address the issue that much existing intellectual property (IP) systems do not conform to the specific qualities of traditional cultural expression (TCEs).