Reconstruction of Communal Intellectual Property Management for Cultural Protection in the Contemporary Era

Communal culture in the contemporary context has experienced increased visibility and economic value, yet simultaneously faces structural vulnerabilities due to appropriation, commodification, and weak recognition of its owning communities. This essay analyzes the limitations of modern Intellectual Property regimes that are individualistic in orientation and insufficiently compatible with the collective and transgenerational character of communal culture. Through an analytical-conceptual approach, this essay evaluates practices of Communal Intellectual Property protection, including tendencies toward symbolic protection, policy fragmentation, and unequal power relations among the state, the market, and communities. As a conceptual contribution, this essay proposes a reconstruction of community-based Communal Intellectual Property management by integrating customary law and formal law, while emphasizing principles of justice and intergenerational sustainability.