The Legal Protection Towards Traditional Clothes: Intellectual Property Regimes in ASEAN

Abstract

Traditional clothing is one of the important identities in Southeast Asian countries (ASEAN). In the past, traditional clothing was used to show an individual's status in society, and until now, traditional clothing continues to be preserved, where it is worn during special events. In fact, traditional clothing has now become a commercial product. However, it becomes vulnerable when it is subject to cultural piracy, ownership disputes, and differences of opinion regarding its origin. This condition will harm indigenous communities who are the owners of traditional clothing, and could potentially cause division among ASEAN countries. This research will examine the legal protection of traditional clothing under the Intellectual Property Rights regime in ASEAN and their national legal regulations. This research uses a comparative approach that mainly examines laws and regulations governing the protection of Intellectual Property Rights in ASEAN countries. It has been identified that no ASEAN country has specific laws regarding the protection of traditional cultural expressions (TCEs) in traditional clothing. Protection for traditional clothing will fall under other Intellectual Property Rights regimes, such as copyright, trademarks, or non-IP legislation. In the global context, the protection of TCEs is part of international regulations on intellectual property rights. However, without proper implementation at the domestic level, TCEs can easily be claimed by others who publish and register them first.