Inclusive rights to protect communal intellectual property: Indonesian perspective on its new government regulation

Figures & data

Table 1. The position of Communal IP in the system of non-individual IP

Table 2. Dialectical approach for Communal IP

Table 3. In-between variation of IP rights

Table 4. Variations of the community consent in the utilization of a Communal IP

Communal IP Subject Matters	Forms of Community Consent	Legal Bases
Traditional Cultural Expressions	Written consent, Verbal consent, and/or Silent consent	Copyrights Law Law about the Development of Culture Government Regulation on Communal IP
Traditional Knowledge	Written consent, Verbal consent, and/or Silent consent	Patent Law Law about the Development of Culture Government Regulation on Communal IP
Genetic Resources	Prior Informed Consent (written) and Mutually Agreed Term (written)	Patent Law Law on the Ratification of Nagoya Protocol Government Regulation on Communal IP
Traditional Knowledge related to Genetic Resources	Prior Informed Consent (written) and Mutually Agreed Term (written)	Patent Law Law on the Ratification of Nagoya Protocol Government Regulation on Communal IP
Traditional Cultural Expressions related to Genetic Resources	Prior Informed Consent (written) and Mutually Agreed Term (written)	Copyright Law Communal IP Government Regulation Regulation of the Minister of Environment and Forestry No. P34/2017
Geographical Indication’s Potential	Written consent, Verbal consent, and/or Silent consent	Government Regulation on Communal IP
Indication of Source	Written consent, Verbal consent, and/or Silent consent	Trademark and GI Law Government Regulation on Communal IP