Indonesia’s Traditional Knowledge Documentation in Intellectual Property Rights’ Perspective

Dwi Tiara Kurnilasari,Annalisa Yahanan,Rohani Abdul Rahim

doi:10.28946/slrev.vol2.iss1.114.pp110-130

Dwi Tiara Kurnilasari, Annalisa Yahanan + Show 1 more

Open Access

https://doi.org/10.28946/slrev.vol2.iss1.114.pp110-130

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Abstract

Indonesia is a fertile place for traditional knowledge with more than 300 ethnical group inhabitants. Therefore, it is not surprising to know that Indonesia has the enormous potential of tradi-tional knowledge. However, Indonesia is still has some problems in legal framework to protect it. The research applies doctrinal research method. The problems that will be discussed in this article is what type of traditional knowledge documentation system that used in Indonesia and how it is performed in order to protect traditional knowledge. There are few goals from this research which are to find out about Indonesia's traditional knowledge documentation system and to compare it with other countries that also use documentation as the protection method. As a result, traditional knowledge documenta-tion system used in Indonesia is external registries which are done by parties outside the indigenous communities (Government, Academist, and NGO) and the information about traditional knowledge is placed in public domain. Even though it has not perfectly documented like India's Traditional Knowl-edge Digital Library, Indonesia has documented few of its traditional knowledge such as Songket pat-tern that belongs to South Sumatera. It could be summarized that traditional knowledge documenta-tion has a vital role as one of the most practical methods to perform traditional knowledge protection. In order to protect traditional knowledge, these documented activities need to be enhanced so it could give the financial benefit to indigenous communities as its owner.

Highlights

Traditional knowledge is a term used to describe a form of knowledge that created by a group of indigenous peoples which passed through many generations and have a direct impact on nature or society
One of its protection methods is by documenting it into a database so it could actively safeguard traditional knowledge
Traditional knowledge documentation system that used by Indonesia is external registries which are done outside the indigenous communities and the information about traditional knowledge is placed in public domain

Summary

INTRODUCTION

Traditional knowledge is a term used to describe a form of knowledge that created by a group of indigenous peoples which passed through many generations and have a direct impact on nature or society. Traditional knowledge always dynamically changing its character in order to accustom itself with nature and society lively condition. This article will describe how important documenting traditional knowledge for its protection as an Intellectual Property Rights object. Some countries that using this system are Peru and Kenya where Mijikenda Community working together with Kenya Forestry Research Institute (KEFRI).31 Both of these traditional knowledge documentation types seem different each other, there is one advantage from these systems which is their ability to prevent further mala fide intellectual property rights claim toward traditional knowledge. Article 26(1)(2) of The Law No 13 of 2016 on Patent implicitly said the role of traditional knowledge documentation in order to assist the process of disclosure of origin from a traditional knowledge-based invention.. According to two previous types of documentation system, Indonesia's documentation system included in the public registry which put the traditional knowledge on public domain with the main goal is to give defensive protection toward illegal patent application..

West Java

Central Sulawesi

CONCLUSION