IPR Legal Protection Against Regional Culture

Abstract

This study discusses traditional Indonesian culture, including intellectual property rights protection. This is clearly detrimental to most traditional societies. To achieve this, the urgency of cultural protection is no longer confined to international conventions, but requires some domestic protection regulations. The Indonesian government must act swiftly so that traditional Indonesian culture can receive immediate legal protection. This study uses a juridical-normative approach. To draw conclusions about the problem under study, data analysis is performed qualitatively with a deductive method. the fact that there is no law that specifically regulates local cultural intellectual property, traditional communities have used existing laws and regulations on IPR to protect their intellectual property. The concept of customary law that animates traditional knowledge, such as communal, hereditary, in cash, and open nature, is in sharp contrast to the concept of IPR, such as exclusive property owned by one person or owned by another person. Due to several constraints, such as lack of understanding of Intellectual Property Rights and lack of documentation, this advantage has not been maximized in conventional knowledge of intellectual property rights.