BALANCING TRADITION AND INNOVATION: LEGAL FRAMEWORK FOR PROTECTING COMMUNAL INTELLECTUAL PROPERTY IN THE BORDERLESS AGE

Abstract

The existence of communal intellectual property goes along with the presence of indigenous communities and local societies. Traditional cultural expressions represent one of the four categories of communal intellectual property. As a multicultural nation, Indonesia possesses diverse communal intellectual property. Unfortunately, communal intellectual property rights violations, such as unilateral claims, are prevalent. Given the challenges surrounding communal intellectual property in Indonesia and the rapid advancement of information technology, the author's interest is sparked in conducting an in-depth investigation and analysis of the legal protection of these issues. This study adopts a descriptive normative legal approach, utilizing primary and secondary literature sources for analysis and examination. Through this research, identifying problems leads to a thorough problem analysis and the developing of problem-solving strategies. The findings reveal that the Indonesian government employs a positive and defensive legal framework to protect traditional cultural expressions. Logical justifications for legal protection include societal benefits, national identity and sovereignty, preservation of ancestral heritage, and economic considerations. These measures are crucial in the borderless era, characterized by potential claims, theft, and other forms of infringement.