Communal Intellectual Property (CIP) in Indonesia includes Traditional Cultural Expressions, Traditional Knowledge, Genetic Resources, Potential Geographical Indications, and Indications of Origin, which are collectively owned. CIP holds economic value that communities can commercially benefit from while still respecting the nation’s moral, social, and cultural values.
But what are the definitions of Traditional Cultural Expressions, Traditional Knowledge, Genetic Resources, Geographical Indications, and Communal Indications of Origin according to Indonesian law? How does the recordation process work?
This article summarizes it for you!
Definition
- Traditional Cultural Expressions
All forms of creative expressions, whether tangible, intangible, or a combination of both, that represent the existence of a traditional culture held communally and passed down through generations.
Examples:
Hula Dance Hawaii, Aboriginal Dot Painting, Betawi Pangsi Clothing, North Kalimantan Dragon Motif Necklace, and many more. - Traditional Knowledge
Intellectual works in the field of knowledge and technology that contain traditional heritage characteristics, developed, maintained, and preserved by a particular community or society.
Examples:
Ayurveda from India & Nepal, Kuna Healing Practices from Panama, Mencalok Lingga from Riau Islands, Kalakan from Pacitan, and many more. - Genetic Resources
Plants, animals, microorganisms, or their parts that have actual or potential value.Examples:
Peruvian Maca from Peru, Rooibos Tea from South Africa, Lengkir from Bangka Belitung, Alocasia Talambai from West Sulawesi, and many more. - Potential Geographical Indications
A sign that indicates the origin of a product due to geographical environmental factors, including natural factors, human factors, or a combination of both, which provide specific reputation, quality, and characteristics to the produced goods or products.
Examples:
Kobe Beef from Japan, Manuka Honey from New Zealand, Pacitan Chalcedony Agate, Sambu Mamasa Weaving, Majene Crystal Salt, and many more. - Indications of Origin
Identifies the place where a product is produced without linking it to environmental or human factors that influence its quality or characteristics. For example, a “Made in China” label on a product indicates that it was produced in China but does not imply that its quality or characteristics are influenced by specific geographical factors.Indications of Origin rights arise automatically upon the existence of the object and, like other forms of CIP, do not require special registration. However, they should be recorded with the Directorate General of Intellectual Property (DGIP) for legal protection.
Examples:
Jakarta Ginger Coffee, Pacitan Tuna Tofu, Fakfak Lontar Cake, Meulaboh Khop Coffee, Ngawi Mata Gareng Crackers, and many more.
Legal Basis for CIP Protection in Indonesia
At least five regulations serve as the legal foundation for protecting Communal Intellectual Property (CIP) in Indonesia:
- Government Regulation No. 56 of 2022 on Communal Intellectual Property
This regulation emphasizes the importance of inventorying, preserving, developing, and utilizing CIP as a fundamental national development asset. - Law No. 28 of 2014 on Copyright
This law states that the state holds the copyright over Traditional Cultural Expressions whose creators are unknown and provides perpetual protection. - Law No. 13 of 2016 on Patents
It regulates the disclosure of genetic resources and/or traditional knowledge in patent descriptions and mandates the formulation of technical regulations regarding benefit-sharing from the utilization of Traditional Knowledge or Genetic Resources. - Law No. 20 of 2016 on Trademarks and Geographical Indications
This law governs the registration of Geographical Indications as part of Communal Intellectual Property. - Law No. 11 of 2013 on the Ratification of the Nagoya Protocol
This law reinforces the importance of inventorying genetic resources and traditional knowledge and developing regulations related to benefit-sharing from their utilization.
To protect CIP, the government has established the National Communal Intellectual Property Database (PDN KIK) as an information portal and economic map for CIP, accessible via the DGIP website. This database integrates data related to Traditional Cultural Expressions, Traditional Knowledge, Genetic Resources, and Potential Geographical Indications.
As of January 2025, according to PDN KIK data, the following records have been documented:
- 1,823 Traditional Cultural Expressions
- 491 Traditional Knowledge entries
- 8,483 Genetic Resources
- 125 Potential Geographical Indications
- 59 Indications of Origin
Your community can also be part of this if you meet the following registration requirements.
Communal Intellectual Property Recordation Procedure
To protect Communal Intellectual Property (CIP) in Indonesia, DJKI has provided various inventory forms for each category:
- EBT Form for Traditional Cultural Expressions
- PT Form for Traditional Knowledge
- PIG Form for Potential Geographical Indications
- SDG Form for Genetic Resources
Alternatively, you can hire a trusted Intellectual Property Consultant to help formulate the contents of the forms, which generally include:
- Detailed description of the CIP
- Origin and history
- Community or society that preserves and develops it
- Cultural function and significance
- Supporting documentation (photos, videos, or audio recordings showing skills or production techniques)
- Declaration Letter stating that the information provided is accurate and that the CIP belongs to the relevant community
- Written statement of support for protection, preservation, development, and utilization signed by local governments, traditional community organizations, or cultural associations
Once the forms and necessary documents are submitted to DJKI, they undergo verification to ensure the completeness and authenticity of the provided data. If they meet the criteria, the CIP will be recorded in the National Database for legal protection.
Unfortunately, DGIP does not specify the estimated time required for the overall CIP recordation process. The duration may vary depending on the complexity of the CIP and the completeness of the submitted documents.
By legally protecting Traditional Cultural Expressions, Traditional Knowledge, Genetic Resources, Potential Geographical Indications, and Indications of Origin, your community can prevent unauthorized claims or misuse by third parties, preserve traditional culture for future generations, and increase economic value through the commercialization of its economic rights.
Should you need more information about the recordation of Communal Intellectual Property in Indonesia, feel free to contact us via email: [email protected].