PROTECTION OF MINANGKABAU’S RUMAH GADANG WALL CARVED AS TRADITIONAL KNOWLEDGE AND CULTURAL EXPRESSION AS THE INTELLECTUAL PROPERTY OF WEST SUMATERA

Indonesia

Abstract

Traditional knowledge and cultural expression (folklore) includes in the scope of an intellectual creation that comes from ideas, thought, or an innovation of group of people in a country. The scope of traditional knowledge can be traditional literature, artistic or scientific creations, shows, innovations, scientific findings, designs, marks and symbols, or undisclosed information. Those refer to the expression of traditional knowledge that is grown continually. One of the examples is the carved of Minangkabau Rumah Gadang’s walls that has a story that is inspired by the name of plants, animals, and things in Minangkabau society. Focus of this research is to cover the protection of Intellectual Property Right (HKI) of traditional knowledge on the walls of Minangkabau Rumah Gadang carved. The method of this research is qualitative design. The informants are chosen by purposive sampling. The results find that there is no the specific constitution or regulation that manage the traditional knowledge. The present regulation of the Intellectual Property Right cannot protect and give economic beneficial to the owner of the traditional knowledge. Intellectual Property Right as form of recognition of rights and awards of intellectual work has not been fully applicable to traditional knowledge. This resulted in the utilization of Traditional Knowledge and cultural expression (folklore), especially in the art of engraving the walls of Rumah Gadang by a non-owner of such knowledge, should have more attention by the government. This is necessary so that its existence can be protected and indigenous peoples as owners of Traditional Knowledge and cultural expression (folklore) get benefit from its intellectual property. Especially, when we realize that Traditional Knowledge and cultural expression (folklore) is a source of inspiration for new innovations for researchers to make inventions or develop it