Digital Management of Traditional Cultural Expressions: Why It is Needed in the Context of Gaining the Benefit-Sharing
Ni Ketut Supasti Dharmawan- Desak Putu Dewi Kasih- Putu Aras Samsithawrati- Putri Triari Dwijayanthi

Faculty of Law, Udayana University, Bali

Abstract

The success of inventorying, recording, and ownership of Recording Letters for Traditional Cultural Expressions works as part of Communal Intellectual Property from Bali is still accompanied by challenges. Those are uploading and utilization of the Communal Intellectual Property works documentation as personal video works and photos on digital platforms. This study aims to analyse the model of strengthening the protection of communal works through the existence of a digital management mechanism, as well as the presence of the state in ongoing facilitation activities in the context of the state as the owner of Communal Intellectual Property. This study uses the socio-legal research method with statutory, economic, social, cultural, and technological approaches. The results of the study show that in reality, Bali is very rich in Communal Intellectual Property works which has not been fully inventoried. Besides that, even though it has been registered and has a certificate as recording proof, in reality, the custodial community does not receive yet the benefit, in the context of benefit-sharing, of the commercialization of such works through the creation of individual intellectual property works like photo or video created by other people. Bearing in mind that the works of the custodial community has preserved and developed for generations from generation to generation in today^s technological era. The example of this uploading practice of communal intellectual property documentation to social media by other people has a detrimental impact on custodians who have such communal intellectual property as their source is used as a personal creation. Facing such a phenomenon, a relevant model for strengthening communal intellectual property is through a hybrid inventory. First, it needs a recording certificate. Second, the custodial community needs to empower communal intellectual property digital management by having official social media accounts as a vehicle for information and announcing their works internationally.

Keywords: digital management- traditional cultural expressions- benefit sharing

Topic: Intellectual Property Rights