Proceedings of the 4th International Conference on Law, Social Sciences, Economics, and Education, ICLSSEE 2024, 25 May 2024, Jakarta, Indonesia

Research Article

Legal Politics of Communal Intellectual Property Rights Protection in Indigenous Communities

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  • @INPROCEEDINGS{10.4108/eai.25-5-2024.2349488,
        author={Ibrahim  Ibrahim and Evita Isretno Israhadi},
        title={Legal Politics of Communal Intellectual Property Rights Protection in Indigenous Communities},
        proceedings={Proceedings of the 4th International Conference on Law, Social Sciences, Economics, and Education, ICLSSEE 2024, 25 May 2024, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2024},
        month={8},
        keywords={legal politics communal intellectual property indigenous people},
        doi={10.4108/eai.25-5-2024.2349488}
    }
    
  • Ibrahim Ibrahim
    Evita Isretno Israhadi
    Year: 2024
    Legal Politics of Communal Intellectual Property Rights Protection in Indigenous Communities
    ICLSSEE
    EAI
    DOI: 10.4108/eai.25-5-2024.2349488
Ibrahim Ibrahim1,*, Evita Isretno Israhadi1
  • 1: Universitas Borobudur
*Contact email: i.massidenreng@gmail.com

Abstract

Communal Intellectual Property emerged as a form of respect for the original culture of the Indonesian people, as a country rich in traditional culture. Problems arise when the rampant theft and claims to traditional Indonesian culture, then the regulation related to Intellectual Property still tends to protect individual rights rather than communal and in the aspect of regional regulations (Perda) not all regions already have regulations governing Communal IP. This research is conducted through a normative juridical approach, the results of this study are Communal IP arrangements are regulated in various regulations such as, UUHC, Trademark Law and Geographical Indications, Plant Variety Law, and Industrial Property Rights. PP Communal IP and Regional Regulation (Perda). This is an effort for more comprehensive protection. However, when viewed based on the political aspect of law, it is still necessary to improve the current regulations and optimize regional authority in protection efforts through regional regulations that are evenly distributed in each region.