Balinese Endek Weaving a Communal Intellectual Property Under Geographic Indication

May 04, 2021

The vast archipelago of Indonesia stretching six thousand kilometers diagonally from North Sumatera to the southeastern and of Indonesian Papua is rich of ethnic differences languages and cultures. Indonesia has 17 thousand islands over 6 hundred ethnic groups spread over for which the waters and the island are in a sovereign territory or exclusive economic zones of Indonesia.

For centuries weaving and clothmaking is an art of the needs of the people but also the products reflect the culture of the origin making location.  Endek is a specific weaving of Bali and is produced in a communal manner.

As Indonesia is a multiethnic and multicultural society, Indonesia has the richness of weavings that reflect the individual cultures which strongly influence by its natural environment, ethnic traditions, and its individual religion.

Bali is very influenced by its beautiful nature, its mountains and its fabulous beaches, which all this is combined with the pleasant attituded of its society. The Balinese Endek weaving had the opportunity to be utilized in a Christian Dior Fashion Week in Paris, France in 2020.

This has raised the popularity value of the Endek weaving to international levels and haves indeed caused interest in the market, for which Indonesia can say that it is very proud of its.

The Indonesian Government has become fully aware of the economic opportunities in regard to this specific Balinese weaving. Therefore, the regional government has taken the step to register thus Endek weaving under intellectual property rights. The registration was duly implemented by the Indonesian authorities under the Ministry of Law and Human Rights.

Such registration has been very important and has provided the necessary protection of Intellectual Property Rights. Indonesia has on many different occasions have its traditional product being claimed by other countries, for example neighboring Malaysia has unfairly and in properly done thus which included not only products but also several specific cultures like dances, music, and traditions that were never owned by Malaysia.

The numerous conflicting claims have been partially and amicably settled upon vehement protests by the Indonesian Government and society.

Bali’s action by its government to take the initiative of intellectual property rights is absolutely correct and should be taken as a good example by all the other regions in Indonesia. Particularly to protect their local products, designs, and traditions. Intellectual property also includes the property under a geographic indication that covers products that are specifically made in a specific region.

There are several regions in the vast archipelago that also have specific weavings. For example the North Sumatera “Ulos”, the “Pandai Sikek” of west Sumatera, the “Songket” of South Sumatera, and the beautiful weavings of the Nusa Tenggara Island.

Again, Indonesia is a very large country, with a population of 270 million, and indeed has so many specific, cultural, products that are made in a traditional and communal manner. Indonesia must see to it that it can protect this product under intellectual property rights and geographic indication. To do this, Indonesia already has the appropriate loss in effect. (su/raa/sas)

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Untuk informasi lebih lanjut lagi terkait artikel di atas dapat menghubungi Sdri. Ratu Aurora di email ratu.aurora@kk-advocates.com.

 

(Tulisan di atas adalah merupakan artikel dan tidak dapat dianggap sebagai advis atau opini hukum dari penulis dan/atau kantor hukum K&K Advocates).



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Ratu Aurora

SENIOR ASSOCIATE

K&K Advocates