Communal intelectual property
- Owner/Holder of CIP
In general, holder of Intellectual Property Rights can be (i) Individual Property Rights such as patent, copyright, industrial design, trademark, integrated circuits design, and trade secret or, (ii) Communal Intellectual Property Rights such as the geographical indications.
Recently, communal creations, creativity, practices, or know-how are expressly recognized/acknowledged as Communal Intellectual Property Rights (“CIP”) under the Government Regulation No. 56/2022 on the Communal Intellectual Property (Kekayaan Intelektual Komunal) dated 20 December 2022 (“GR 56/2022”).
Pursuant to GR 56/2022 the State holds CIP on (i) Traditional Cultural Expressions; (ii) Traditional Knowledge; (iii) Genetic Resources; (iv) Indication of Source; and (v) Geographical Indication Potential.
- Traditional Cultural Expression is defined as all kinds of expressions in the forms of creation, either tangible or intangible, or combination thereof which indicates the existence of traditional culture which is hold by community or passed through generations.
- Traditional Knowledge is defined as all ideas and thoughts within the community containing local values resulting from actual experience in the course of interaction with environment, developed continuously, and passed from generation to generation.
- Genetic Resources are defined as genetic materials from plants, animals, or microorganism containing a unit carrying genetic function having real or potential values.
- Indication of Source is defined as source of goods and/or services which is not directly related with geographical factors, being protected as the true indication of origin of the goods and/or services used in trading.
- Geographical Indication Potential is defined a sign used on goods and/or products which is due to geographical conditions including nature, humans, or combination thereof granting certain reputation, having potential to be protected with geographical indication and not yet registered as geographical indication. - Protection
The protection of CIP against misappropriation and/or use in ways that are not in accordance with or not intended by traditional knowledge holders, is carried out by the Government/Regional Government and the Indigenous Community where CIP is originated (Komunitas Asal).
- Indigenous Community is customary law community and/or local community which produce, protect, maintain and/or develop CIP communally and through generations, including its supporting community. - CIP usage and exploitation
In general, CIP can be used and exploited commercially by eligible party, provided that it must: (i) indicate the source of the respective Indigenous Community, (ii) obtain permission/prior consent from the relevant Indigenous Community if the CIP concerned is sacred and secret; (iii) include mutually agreed benefit-sharing with the relevant Indigenous Community; and (iv) respect and protect the values, meaning, and identity of CIP accordingly. - Registration
In order to be acknowledged and recognized as being CIP, it must be registered at the National Database/ Pusat Data Nasional Kekayaan Intelektual Komunal (PDN KIK) administered by the Ministry of Law and Human Rights. Registration can be applied either by the Indigenous Community itself, Regional Government or other Government’s instances, separately or jointly.