PROBLEMATIKA PENGGUNAAN DESAIN INDUSTRI PADA ALAT MUSIK TRADISIONAL

Abstract

Industrial Design ActNo. 31 of2000providesprotectiontoany ornamental or aesthetic aspect of an article. Hence, it gives widestopportunity to people to createa creativedesign. On the other side, Traditional MusicInstrument which is partoffolkloreortraditional cultural expression(TCE) insome way still give an opportunity to anyone also to add an element and or make new design inherenttoinstruments.A mix betweenpublicowned rightsof TraditionalMusic Instrument and theprivaterightofIndustrial Designarisenew problemin legal sense including to define an exact definition ofa "novelty" element adhere in every Industrial Design application submitted. Thefactthat Industrial Design Office is in a passive standing when they accept a new Industrial Design's application bothfrom a good faith's creator oreven abadfaith'screatormake theoffice couldnotrejectthat applicationuntil some onepropose an objection. On the other side, legal awareness of interested parties, in this case, are traditional music instruments manufacturers who have been producing instruments for manyyearsare stilllow when opposeon suchproblems. This article will focus on reviewing "a novelty" element adhere in every on a new application ofIndustrial Designsubmittedfaced on"anotnovelty" elementwhich isarisinginTraditionalMusic Instruments base.