Journal article

Culinary Culture Creations in Bali Making the Recognition Concept Work Rather Than Merely Debating the Benefit Sharing Concept

NI KETUT SUPASTI DHARMAWAN DESAK PUTU DEWI KASIH Putu Aras Samsithawrati I Gede Agus Kurniawan

Volume : 7 Nomor : 0 Published : 2017, September

Research Horizons International Peer Reviewed Journal

Abstrak

Various culinary culture expressions have been developed in Bali global tourism destination. This article highlights the suitable protection models for those Balinese culinary culture that are purposed to elaborate the connection of tourism activities with the need of culinary cultural, to analyze several legal regimes to protect the merge of food culture, and to analyze whether the whole cultural heritage, particularly culinary cultural need to be protected as a property. Several concepts are discussed in this article namely: individual reward concept, benefit sharing concept, as well as recognition concept and Balinese philosophy of Tri Hita Karana. This study used normative legal research. Recent development of culinary cultural in Bali is not only for the need of daily local people and their ritual religious, but also for global tourism needs. Efforts to preserve and protect culinary culture go beyond Intellectual Property Regimes, even debating the possibility to use benefit sharing approach under traditional knowledge and traditional cultural expression sui-generis model. However, it tends to raise potential conflict in its implementation. Therefore, making recognition concept work to preserve and protect culinary culture in global tourism for better prosperity and to keep harmony life for local people become necessary to be concerned. Keywords: Tourism, Culinary Culture, Intellectual Property Law, Benefit Sharing, Recognition