In the modern era, the concept of intellectual property (IP) is often associated with patents, trademarks, or copyrights owned by individuals or companies. However, there is another form of intellectual property that is actually owned collectively by a community or group of people: Communal Intellectual Property . This concept is important to protect traditional knowledge, culture, and heritage that have been preserved from generation to generation. So, what exactly is communal intellectual property? Check out the full explanation below!
What is Communal Intellectual Property?
Communal intellectual property is intellectual property rights that are collectively owned by a particular group of people, tribe, or community. Unlike patents or trademarks that are usually owned by individuals or companies, communal intellectual property is inseparable from the identity and life of the community.
Its characteristics are:
- Created and developed from generation to generation by community members.
- There are no individual owners —all members of the community have rights to it.
- Closely related to the culture, traditions, or natural environment in which the community lives.
- Have spiritual, social, or economic value for the sustainability of the community.
A simple example: traditional Javanese batik motifs are not the work of one person, but rather the result of collective creations passed down from generation to generation. These motifs are the cultural identity of the Javanese people and may not be claimed unilaterally by outsiders.
Types of Communal Intellectual Property
Communal intellectual property can be grouped into several types based on its form and function. Here is the explanation:
1. Traditional Knowledge
This includes the knowledge, skills, or practices that a community has regarding natural resource management, agriculture, medicine, or the arts. This knowledge is often passed down orally or through direct practice.
Example:
- The Subak irrigation system in Bali, which regulates the distribution of water for rice fields based on the principles of justice and environmental sustainability.
- The use of medicinal plants by the Dayak tribe in Kalimantan to cure diseases.
2. Traditional Cultural Expressions
This type includes art, music, dance, folklore, textile motifs, carvings, or traditional rituals that become the identity of a community. These cultural expressions are often considered sacred and should not be used carelessly.
Example:
- Saman Dance from Aceh, which is a Gayo cultural heritage and may only be performed in certain traditional contexts.
- Batak Ulos Woven Motifs, each pattern of which has a deep philosophical meaning.
3. Genetic Resources and Related Knowledge (Genetic Resources)
Some communities have knowledge of plants, animals, or microorganisms native to their area that are used for food, medicine, or rituals. These genetic resources are often associated with local wisdom in preserving nature.
Example:
- Red rice from Toraja, which only grows in the mountainous region of South Sulawesi and is considered part of the local culture.
- Sandalwood trees in East Nusa Tenggara, whose management is regulated by local customs.
4. Geographical Indications
Although geographical indications are usually protected as commercial rights, some products related to a particular region are also considered communal property. For example, Toraja Arabica coffee or Sumbawa honey. These products cannot be separated from the geographical conditions and skills of the local community.
Case Study of Communal Intellectual Property Protection
Here are some real-world examples of how communal intellectual property is protected or even threatened:
- Indonesian Batik vs Malaysian Claims
In 2009, the Indonesian government officially registered batik with UNESCO as an Intangible Cultural Heritage. This step was taken after tensions arose because batik motifs were often claimed by foreign parties. This protection ensures that batik remains recognized as belonging to Indonesian culture. - Patents on Turmeric by Foreign Parties
In the 1990s, a foreign company patented turmeric (yellow ginger) as a wound treatment. In fact, turmeric has been used for generations in India and Indonesia for traditional medicine. This case sparked protests until the patent was finally revoked. - Flores Ikat Weaving Protection
The ikat woven motifs from Flores, East Nusa Tenggara, are now protected through geographical indication certification. This prevents outsiders from copying or selling similar woven fabrics without permission from the local weaving community.
Why Does Communal Intellectual Property Need to be Protected?
- Prevent Exploitation : Many companies or individuals exploit community knowledge or culture for personal gain without permission.
- Maintaining Cultural Identity : Communal wealth is part of a group's identity. If it is lost, the community loses its cultural roots.
- Promoting Economic Justice : If managed well, communal wealth can be a source of sustainable livelihoods for communities.
Challenges in Protecting Communal Intellectual Property
While important, protecting communal intellectual property is not easy. Some of the challenges include:
- No Specific Legal System : Many countries do not have specific laws governing communal rights.
- Difficulty in Proving Ownership : Because it is hereditary, there are often no official documents as proof of ownership.
- Pressures of Globalization : Modern culture and business interests often erode traditional values.
Conclusion
Communal intellectual property is a priceless heritage that reflects the wisdom and creativity of our ancestors. Protecting it is not only the government's duty, but also the responsibility of all of us. By understanding this concept, we can better appreciate cultural diversity and support efforts to preserve it for future generations.
So, if you see a batik motif, traditional dance, or local product typical of a region, remember: it is not just a work of art, but part of a communal identity that needs to be preserved!
