Abstract
Many literature in the collaboration of innovation have suggested inventors should avoid the join ownership of intellectual property. However, in a special case the intellectual right can be assigned to a product. Our paper addresses the issues and challenges of shared intellectual right in the context of Protected Geography Indicated (PGI). The PGI recognizes such products based on their originality (in term of geography), not based on who have been invented them. This highlights that the right is belong to a community, not to individuals. In practice, this is problematic in which individuals in a community may or able to claim the right on the product. To illustrate how policy makers in developing country deal with this situation, we use secondary data from Indonesian Agency on Intellectual Property and case studies on indigenous food products. We approached the cases using theory of resolving potential conflict in community. The discussion in our contribution is taking aim at identifying of problems of which may be occurred during the process of Intellectual Right application. Further, we propose recommendations for individual, communal, and policy levels to resolve potential problems in the future.
Highlights
The knowledge economy has emerged by the greater utilization of intellectual capital than the exploitation of natural resources [21]
The Open Innovation’ (OI) has triggered inventors to share the ownership of Intellectual Properties (IPs)
Whilst OI naturally nurtures inventors to collaborate in the i.e. technological invention, the coownership of IPs may put inventors in a dilemma - either protecting their inventions by private IPs or let others developing the inventions by sharing the co-ownership all of which resulted with profit consequences
Summary
The knowledge economy has emerged by the greater utilization of intellectual capital than the exploitation of natural resources [21]. Despite of success stories of the co-ownership of IPs, the conflict between shared and private IPs were remained problematic. These two situations contradict to each other [3]. The study in this paper uses a framework of Protected Geography Indicated (PGI) to illustrate how the knowledge economy that requires collaboration and sharing has collided with protection on geographical indication products. This paper majorly discusses the implication of OI for developing countries its effect for PGI and potential coownership of IPs in PGI. The last section is conclusion and recommendation for future study
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