Professor Peter Jaszi Authors Report on Protection of the Traditional Arts in Indonesia

Professor Peter Jaszi’s new book on the protection of Indonesian traditional artists and their work has been. Traditional Culture: A Step Forward for Protection in Indonesia is the culmination of research conducted as part of a group of scholars, journalists, and observers of the arts who made multiple trips to Central Java and Bali to look at the practice of certain “traditional” arts. These arts—Javanese wayang kulit, gamelan music, and batik, and Balinese dance, gamelan music, and ikat—have, like most Indonesian arts, historically operated without Intellectual Property (IP) regulation.

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Traditional Knowledge, Genetic Resources & Traditional Cultural Expressions

Sarnoff/WIPOPIJIP performs scholarship and advises governmental, intergovernmental and nongovernmental organizations on the potential use of and limits on IP protections (including trademarks, geographic indications, copyright, and disclosure of origin and access and benefit sharing requirements) in order to protect indigenous rights to produce and profit from their cultural, genetic, and other resources. Prof. Farley is the author of a much-cited article in this area. Prof. Jaszi headed an academic mission to study the potential role of sui generis intellectual property systems in protecting and promoting traditional arts in Indonesia. Prof. Sarnoff has produced a report for UNCTAD on treaty mechanisms to implement disclosures of origin requirements in intellectual property applications.


PIJIP Reports, Submissions and Publications

 

TK Indonesia ThumbnailPeter Jaszi. Traditional Culture: A Step Forward for Protection in Indonesia. Laporan Penelitian. 2009.

Professor Jaszi's book is the culmination of research conducted as part of a group of scholars, journalists, and observers of the arts who made multiple trips to Central Java and Bali to study the practice of certain “traditional” arts.  These arts—Javanese wayang kulit, gamelan music, and batik, and Balinese dance, gamelan music, and ikat—have, like most Indonesian arts, historically operated without Intellectual Property (IP) regulation.

 

flowerJoshua D. Sarnoff, Jonathan Kahn and Lori B. Andrews. Submission of American Patent and Health Law Professors on Australian Senate Community Affairs Committee Inquiry Into Gene Patents. (March 18, 2009). To be read together with Appendix.

The authors explain the current state of American law in regard to biotechnological discoveries -- and particularly isolated and purified genetic sequences -- and how the provision of patents on genetic technologies has and will continue to create serious problems for innovation, health care, and society at large. Their comments recommend prohibiting patents on genetic sequences and other derivatives of naturally occurring materials, and certain diagnostic and other medical discoveries.

 

Indonesian DancersJoint NGO Statement. The Impact of Intellectual Property Laws on Indonesian Traditional Arts. (July 29, 2008).

In Indonesia, as many other parts of the world, there is an active debate about the desirability of extending intellectual property law protection to traditional art, music, theatre, dance, textiles, and crafts (among other so-called "traditional cultural expressions.") This collaborative statement by international and Indonesian civil society describes how new intellectual property rules affect traditional arts, and how well it responds to the desires of those creating the arts.

 

Basmati RiceJoshua D. Sarnoff (with Carlos M. Correa), Analysis of Options for Implementing Disclosure of Origin Requirements in IP Applications, UNCTAD Report. (2005).

New international treaty provisions to mandate disclosure of origin requirements in applications for IP are needed. They should specify the substantive and procedural triggers for making required disclosures, the types and timing of evaluations of disclosed information, the consequences of disclosure failures, and whether to mandate or facilitate the use of international certificates of origin in making required disclosures.



Navajo RugChristine Haight Farley, Protecting Folklore of Indigenous Peoples: Is Intellectual Property the Answer? Connecticut L. Rev. 30 (1997). SSRN Link

What can the Navajos do to prevent non-Navajos from using Navajo rug patterns to produce rugs overseas using cheap material and labor, thereby undercutting the Navajos themselves in a market for their famous rugs? What can the Australian Aboriginal peoples do when their sacred and secret imagery is reporduced on carpets they did not make, and sold to non-Aboriginals, who will inevitably walk on them?

Government Documents

Past Events

  • The Trade in Antiquities: Laws, Cases, Ethics and Staying “Out of Trouble.” February 1, 2007 | 5:00 PM – 6:00 PM, Room 603.
    Through this slide-illustrated lecture, Professor Patty Gerstenblith will explore the law and ethics surrounding preserving archaeological context and heritage by museums.
  • ILSP Anniversary Panel on Traditional Knowledge, March 27, 2007.
    In conjunction with the ILSP’s 25th Anniversary Celebrations, PIJIP will sponsor a panel on the relation between traditional knowledge and the development and human rights promotion interests of developing countries. View webcast.
  • Prosecuting Crimes Against Cultural Heritage, October 6, 2006.
    Robert Goldman, former Assistant U.S. Attorney, and FBI Special Agent, Robert K. Wittman, discussed their experience and work together in the Eastern District of Pennsylvania and on the FBI’s rapid deployment national Art Crime Team. In the past six years, Goldman and Wittman have been involved in the recovery of more than $150 million worth of stolen art and cultural property, including objects of cultural significance belonging to Geronimo, George Washington, Patrick Henry, John Brown, Andrew Jackson, Gettysburg commander General George Meade, and 19th century Arctic explorer Dr. Elisha Kent Kane.

Partners




Photo of Indonesian folk dancers taken by Prof. Jaszi. Attribution for graphcis posted on flickr.com under a creative commons license: Photo of 'gattaca' flower by Taylor. Black-and-white photo of performance artist by Haags Uitburo. Photo of basmati rice by IRRI Images. Photo of antique camera by Tato. Photo of Navajo tapestry by teofilo.