LEGAL PROTECTION OF COMMUNAL INTELLECTUAL PROPERTY AS A BASIC CAPITAL FOR NATIONAL DEVELOPMENT BASED ON LOCAL WISDOM

Abstract

Communal intellectual property denotes rights held by a group collectively creations of a community that are passed down through generations, including traditional arts, music, dance, folklore, and traditional knowledge. In Indonesia, there are significant difficulties in ensuring the protection of communal intellectual property within a legal system that prioritizes individual rights, even though such works are collectively owned by native populations or nearby communities. This research focuses on examining the legal framework governing the protection of communal intellectual property in Indonesia and evaluating its contribution to national development rooted in local wisdom. This research utilizes a normative legal approach, focusing on a descriptive analytical approach. The results reveal that the legal safeguards for communal intellectual property in Indonesia remains limited, necessitating regulatory revisions to recognize the communal entitlements held by indigenous communities. Communal intellectual property holds great potential in driving economic, social, and cultural development based on local wisdom, particularly in sectors such as tourism, handicrafts, and the application of traditional knowledge. The research underlines the need for cooperative efforts involving the government, local indigenous groups, and the business sector in creating policies that protect and utilize communal intellectual property for sustainable, inclusive, and culturally-based national development.