THE URGENCY OF SUI GENERIS PROTECTION OF COMMUNAL INTELLECTUAL PROPERTY IN INDONESIA: A Comparative Study in Philippines

Abstract

Indonesia is a culturally megadiverse country, which is a source of Communal Intellectual Property. However, Communal Intellectual Property that has high economic value can lead to the misappropriation and destruction instigated by foreign parties. Thus, a Communal Intellectual Property legal protection is needed in the international and national law. This research aims to describe about communal intellectual property in national and international law. By using normative juridical research, statute approach, conceptual approach, and comparative approach regarding primary and secondary legal materials, it is then analyzed with the findings that Communal Intellectual Property protection in international and national law do not only cover legal protection in the field of Intellectual Property Rights. It also encompasses non-Intellectual Property Rights legal protection, both preventively and repressively (hybrid protection). This research has an essential meaning in the formation of national law on sui generis Communal Intellectual Property by adopting the best practices in the Philippines.