Benefit Sharing in Communal Intellectual Property for Economic Improvement

Abstract

Communal Intellectual Property (KIK) is included in the protected Intellectual Property regime in Indonesia. Communal Intellectual Property such as Traditional Knowledge, Traditional Cultural Expressions, Genetic Resources, Indications of Origin, and Potential Geographical Indications have value not only as culture but also have economic aspects in them. However, currently in Indonesia there are no regulations that specifically or sui generis regulate the use of Communal Intellectual Property from an economic aspect even though the Nagoya Protocol has provided space for the use of KIK, namely Genetic Resources with the concept of Access and Benefit sharing. The aim of this research is to analyze the application of the Benefit Sharing concept to Communal Intellectual Property and its benefits in improving the economy for owners of Communal Intellectual Property. This research is normative in nature with secondary data sources in the form of statutory regulations, concepts and articles relevant to Communal Intellectual Property. This data was collected through library research (Library Research). The research results show that the concept of benefit and sharing can be applied to other types of Intellectual Property but requires sui generis regulations. Apart from that, the application of the Benefit Sharing concept with a contract model that specifically regulates the distribution of profits between owners of Communal Intellectual Property and Users of Communal Intellectual Property will has an impact on improving the economy for Communal Intellectual Property Owners.