Communal Intellectual Property Protection Arrangements in Megadiversity Countries

Abstract

<p><em>Indonesia is a country rich in diversity. Indonesia is one of six countries that are the center of cultural diversity (a center of cultural diversity) as well as being a mega-biodiversity country. Indonesia also has varied geographical conditions, diverse customs, and cultural resources, including traditional knowledge and rich traditional cultural expressions which are a form of communal intellectual property (Communal IP). Protection of Communal IP in Indonesia is different from the practice in other countries that already have regulations on Communal IP, some examples of which are India, Peru, and several other megadiversity countries. The formulation of the problem that will be discussed is how the form of the arrangement for the protection of Communal Intellectual Property in Megadiversity Countries and how the Classification of Communal IP Protection in Several Countries: Comparison of Regulatory Practices. The method used is a normative legal research type. The approach used is the statutory approach and the concept approach. The result of the discussion is the form of regulation on the protection of Communal IP in megadiversity countries, including the regulation on the protection of Communal IP in megadiversity countries, which can be classified as follows, the United States has laws to protect Indian culture and American descent. Peru, has laws on protecting the traditional knowledge of local and indigenous peoples about biodiversity in general and plant genetic resources for food and agriculture in particular. Even though Brazil has not ratified the Nagoya protocol, benefit-sharing access to genetic resources is at the forefront. Australia has laws governing Aboriginal cultural heritage and has a sui generis system for the protection of geographical indications. South Africa, already has laws on the protection of traditional knowledge and traditional cultural expressions and already has benefit-sharing access to genetic resources. India has made efforts to document indigenous knowledge on its own by creating the Traditional Knowledge Digital Library (TKDL) in 2001.</em></p>