Abstract

This article aims to analyze how the protection of traditional cloth within the framework of Intellectual Property Rights in ASEAN. This is done to discover and find out the concepts of ASEAN countries on intellectual property rights and protection mechanisms for traditional cloth as a part of traditional cultural expression (As we know, every country has its own traditional cultural heritage. One of the traditional cultural heritages is traditional cloth. One form of traditional cultural expression is through traditional cloth. In Indonesia, the protection of traditional cloth is through Communal Intellectual Property Rights, whose ownership is recognized and protected by the State with regulation of Communal Intellectual Property Rights being part of copyright law. As the concept of protection of traditional cloth in the framework of intellectual property rights in ASEAN countries has been established, it is hoped that a Communal Intellectual Property protection mechanism can be formed within ASEAN to continue advancing cooperation in economic and cultural fields, and protect the ASEAN Economic Community. This study uses the normative legal method, namely by examining positive laws. The data source comes from library research. The data material comes from primary legal materials, namely regulations on intellectual property rights, secondary legal materials consisting of books, articles and journals, and tertiary legal materials in the form of encyclopedias that can clarify primary and secondary legal materials. Based on research, Indonesia and Laos regulate traditional cultural expressions (communal intellectual rights) by including it in copyright regulations. The Philippines, Thailand and Cambodia already have laws and regulations regarding traditional cultural expressions separate from copyrights, trademarks and patents. However, in the Philippines, it is only regulated with respect to the rights of indigenous peoples without any explanation regarding the regulation of copyrighted cultural creations arising from these indigenous peoples. This is unlike the consideration of whether moral and economic values emerge like those currently being assessed by the World Intellectual Property Organization (WIPO). In Thailand, the law regulates national cultural organizations whose actions must be approved and supervised by the State. In Cambodia, cultural expressions are referred to as the expression of a copyrighted work known to the creator and not the work of the communal community as explained by WIPO.

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