INTELLECTUAL PROPERTY RIGHTS PROTECTION ON DANCE AND SONG AS AN TRADITIONAL CULTURAL EXPRESSION IN SOUTH SULAWESI UNDER NATIONAL AND INTERNATIONAL LAW

Legal protection of dance and song as an expression of traditional culture through the Intellectual Property Rights (IPR) regime has not been well regulated either nationally or internationally. Within the national scope of the regulation of traditional cultural expressions is still in the form of Draft Law (Bill), while in the international sphere there is still no agreement on protection of traditional cultural expressions in the IPR regime. This study aims to examine the form of legal protection arrangements and utilization by others on the intellectual property rights of dance and song as an expression of traditional culture in South Sulawesi in the perspective of national law and international law. This study will examine the art of dance and song which is an expression of traditional culture of Makassar, Bugis, Toraja in South Sulawesi. The research is socio-legal research, where data collected through library research and interview. The research indicates that there is mandatory law in national level, whereas there is no mandatory law in international level. Under national law, there are two separated Laws ruling the traditional cultural expression which stipulates the different aspects of traditional cultural expression. It is supposed that there is sui generis protection of traditional cultural expression, however it is difficult to make it due to technical, political, and time consuming aspects. there are two separated Laws ruling the traditional cultural expression which stipulates the different aspects of traditional cultural expression. It is supposed that there is sui generis protection of traditional cultural expression, however it is difficult to make it due to technical, political, and time consuming aspects. there are two separated Laws ruling the traditional cultural expression which stipulates the different aspects of traditional cultural expression. It is supposed that there is sui generis protection of traditional cultural expression, however it is difficult to make it due to technical, political, and time consuming aspects