Boosting and Protecting Balinese Communal Intellectual Property in Digital Tourism: Why We Need Practical Guideline?

Bali has various Communal Intellectual Property like traditional foods, drinks, and dances that support the economy of Micro, Small, and Medium Enterprises in Bali. However, digital commercialization, including digital tourism, is often used commercially without the permission of the community of origin where the Communal Intellectual Property originates, which has the potential to bring economic losses. This article aims to analyze the existing regulations on Communal Intellectual Property and Digital Tourism at the Indonesian national and Bali regional levels as well as to elaborate on how practical guidelines on Intellectual Property be able to boost and protect Balinese Communal Intellectual Property in digital tourism. This paper used empirical legal research that began with library research and progressed to in-depth interviews, followed by analysis using qualitative descriptive techniques. The study reveals that both nationally and regionally (in Bali), there are already various adequate laws and regulations addressing the Communal IP and digital tourism issues. The government and other relevant stakeholders should prepare IP Practical Guidelines for the village as the closest and smallest starting point to boost Communal IP. The guidelines need to have detailed steps identifying problems that may exist regarding inventory and recording of Communal IP and personal IP, the potential of existing works in the Village to be protected, steps inventorying and recording Communal IP and personal IP, steps improving the economy of the community of origin with the existence of Communal IP and personal IP concerning digital tourism, steps to prepare and implement continuous supervision, and evaluation. To implement this practical guideline, local government (Regional Research and Innovation Agency) to carry out dissemination to every village in Bali. The Head of the administrative village (Desa Dinas) together with the Head customary village (Desa Adat) of a village in Bali will implement it in such village.