Inclusive rights to protect communal intellectual property: Indonesian perspective on its new government regulation

Abstract

AbstractThis article promotes the concept of inclusive right to protect Communal Intellectual Property’s objects. Communal Intellectual Property is an issue for countries with natural and cultural wealth, including Indonesia. One of the challenges of Communal Intellectual Property is related to its non-individual holders. The purpose of this article is to put forward the concept of inclusive right that subsisted in the Communal Intellectual Property to respond to the challenge. Furthermore, inclusive right is a new concept in the Indonesian legal system to answer the problem of the general intellectual property legal system that relies on the exclusive right of individual right holders and unable to protect cultural properties and tradition-based objects those are viewed as lacking originality, inventiveness, and individual proprietors. In this regard, this article discusses the legal standing of the Indonesian government regulation that constitutes the inclusive right of the communal intellectual property and describes the consequences of its nuance. The data in this study were qualitative data. The data were obtained through literature studies, which were supported by observations in the field. The problem in this article was analyzed and solved through analytical descriptive, normative juridical, and exploratory juridical methods. The original results of the research find that the implementation of the concept of inclusive right requires procedural arrangements to utilize communal intellectual property objects with different forms of community consents.

Keywords

• communal intellectual property
• inclusive right
• government regulation
• Indonesia