Protection of Communal Intellectual Property as the Identity of Indigenous People: Comparative Practice of the Roles of Indigenous Peoples of Indonesia and Vietnam.

Abstract

Communal intellectual property originates from natural and cultural resources rich with local wisdom owned by indigenous people, who have a role in maintaining and maintaining communal intellectual property. Indigenous people is a term agreed upon in international law to refer to a community entity that has its own characteristics due to its historical, economic, social, and cultural background. Various definitions and criteria regarding indigenous peoples in the Indonesian legal framework need to be linked to the concepts contained in the international discourse on indigenous peoples. This is at least to provide an overview of the extent to which international concepts are in line with reality and concepts developed in policies at the national level. In order for the implementation of the law to run properly, as a comparison, Indonesia can implement the policy measures used by Vietnam. Not much different from Indonesia, Vietnam has unique traditional customs and has managed to maintain them from generation to generation. As countries that share the cultural wealth, traditional knowledge, and geographical potential that produce superior products, Indonesia and Vietnam have both given attention and recognition to the existence of cultural wealth as the identity of indigenous people whose existence has been recognized internationally. constitutional rights through policies that are certainly in favor of the rights of indigenous peoples.