Protecting Batik As A National Heritage : A Malaysian Legal Analysis

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Ahmad Shamsul Abd Aziz Noor
Azlina Mohd Noor

Abstract

Malaysians, and especially Malays, take pride in keeping batik alive as a cultural tradition or heritage passed down through the ages. Cultural artefacts that can be easily transported, like batik paintings, are a valuable part of Malaysian history. Which country has the exclusive cultural heritage rights to the batik making process is a frequent source of contention between Malaysia and Indonesia, both of which claim a significant role in the art form's history. It's worth noting that on October 2, 2009, batik was officially recognised as part of Indonesia's cultural heritage by UNESCO. The vexing question in this situation is unquestionably about the legal position of batik in Malaysia. Among the question that need to be ponder is whether the production of batik in Malaysia being in its legal rights? This article therefore focuses on the legal protection on batik in Malaysia. For this purpose, the discussion adopts the doctrinal analysis by examining the existing primary and secondary materials including statutory provisions, case law, and other legal and non-legal literature related to the legal protection of batik in Malaysia. This article concludes that batik by its unique nature and design is protected by National Heritage Act 2005 and also be best shielded under intellectual property legislations such as copyright law and industrial design law. Even though Malaysian batik hasn't been officially recognised by international bodies like UNESCO, it still needs legal protection to ensure its continued viability. Efforts are needed to revive batik's status as a as a national heritage and cultural treasure for the nation


 

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How to Cite
Abd Aziz Noor, A. S. ., & Noor , A. M. . (2022). Protecting Batik As A National Heritage : A Malaysian Legal Analysis. BiLD Law Journal, 7(4s), 249–254. Retrieved from https://bildbd.com/index.php/blj/article/view/511
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