The traditional silversmith started to get frightened due to the fact that thousands of Balinese traditional models have been registered to the Directorate General of Intellectual Property Rights at the Department of Law and Human Rights in Jakarta. They were worried to explore their creativity to improve Balinese traditional designs which have been inherited across generations, as being registered by a certain party, it could bring legal consequences.
The chairman of Suarti Design Center Drs. Nyoman Lodra, M.Si. told that traditinal Balinese designs has been in existence and used by traditional silversmith from the past generations. Inventor of most of those designs are no longer identifiable, and therefore the such designs are now belong to Balinese collectively. “I believe it is easy for us to register the designs, however it is a shameful conduct as we are not the inventor of them”, said the owner of N. Lodra Art Printings.
The lecturer at a university in Surabaya took the existence of a design called patra punggel as an example. The design has been inherited through generations from the ancient ancestors, no one knows exactly the inventor of the design, and ironically it is now patented by a foreigner. It was explained that Balinese traditional silversmith used to use inherited pattern as the base of their creation, therefore having patra punggel and many other patterns patented by foreigners as their own invention was just does not make any sense.
The effect of the such concern was obvious among traditional goldsmith in Celuk and surroundings. Ten years ago they proudly show their working mechanism to visitors. Now the situation has reverted, they chose to hide worrying that their work will be accused a piracy of someone’s design.
Similar concern was also expressed by Desak Nyoman Suarti, the owner of PT Suarti Collection. As a pioneer in exporting silver jewelry to USA, she worried that one day her products will be rejected to enter US market as an effect of accusation of piracy conduct. Technically no one but registered owner is allowed to make and sell patented design, and traditional designs which have been a pride of Balinese for centuries are at no exception. As a result, delivered products are returned to the producer. “What will happen to Balinese traditional silversmith. Their production can no longer enter international marketplace as abroad law enforcement is very strict”, said Suarti. She is very much worried that there will be more Balinese silversmith caught in similar problem as Ketut Deny Aryasa who has been prosecuted for piracy.
Similar concern was also expressed by Ketut Deny Aryasa. However, he admitted that Balinese silversmith and exporter were not really care about law protection, especially intellectual property rights. Their mindset was very much different from foreigners. Balinese tend to be proud if their invention gets widely adopted and wore, and do not aware of intrinsic value of the such product. Foreigner in contrasts thought the opposite way round, the knew that an invention has to be patented at the first chance, considering that invention is in-valuable property.
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As a “foreigner” from the United Kingdom, I can assure you that we do not all think “the opposite way”. I was absolutely appalled when I first heard of this a few days ago and I am sure many in the west would feel the same way if they knew what was happening.
That anyone, especially a foreigner, should do such a thing is the true crime.
Hi there , I agree with this article, just sometimes I read so fast everything and I miss things that after read them again, I can understand it better.. ;). Your onal Balinese Models of Silver Jewelry Patented by Foreign Company Blog Stumbled up and Bookmarked, so I keep updated on every article you write from now now on jewelry.