Protecting Balinese Culinary Innovation through Patent Law

The era of 4,0 undeniably influences the innovation product of Small and medium-sized enterprises in Bali including the culinary industry. Balinese traditional culinary is offered to the global marketplace both in the form of its origin and its innovation. More protection is needed from the intellectual property perspective. The study aims to examine the protection of Balinese culinary innovation through patent. The normative legal research used in this study is conducted by employing the law and economic approaches. The study shows that, traditional Balinese culinary is relevant and protected under Article 38 of Indonesia Copyright law as part of Traditional Culture Expression. However, it seems to bring potential conflict related to the benefit sharing concept. Then, a simple patent regime can be considered to protect Balinese culinary innovation. Providing incentives and rewards for the inventor in a balanced way to the community is part of keeping and respecting values embodied in society.