Hak Kekayaan Intelektual dalam Industri Pariwisata (Studi Kasus Perlindungan Hukum terhadap Pemanfaatan Local Genius dalam Produk Pengusaha Lokal)

Cultural tourism brings the utilization of local genius Bali in the tourism industry such as the use of motifs woven or patra Bali. Implementation of such utilization clearly illustrated in the products produced by local businessmen in Bali. Local entrepreneurs still relatively weak in protecting their rights in the Intellectual Property Rights (IPR) to maintain the value and economic benefits of the work or product that they produce. These weaknesses affect many parties/foreign entrepreneurs who are trying to register their works as IPR foreign entrepreneurs. This study uses empirical research and analyze problems that occur in the field. Urgency of this study is trying to open the root problems that occur in the field of so much of the culture and the work of local entrepreneurs that claimed by the parties/foreign businessmen. The loss of the claim cultural of Bali is very influential for tourism because cultural is a major asset for tourism. The results showed that a local genius / traditional culture that had been there from time immemorial with anonymous ownership is becoming the state ownership, while exploiting local genius as a result of new work, new findings and packaged into a product is becoming private ownership (private / individual). Type awareness of local entrepreneurs in obtaining intellectual property rights depends on the intended target market. Indonesian Law only able to protect intellectual property rights in the realm of the Homeland but if claims abroad (other countries), the Indonesian law can not intervene in another sovereign in the sense that Indonesian law could not protect IPR local entrepreneurs who registered by party / foreign businessmen in other countries. Keyword : intellectual property rights, tourism law, tourism