PELINDUNGAN HUKUM ATAS PENGETAHUAN OBAT TRADISIONAL

Abstract

As a manifestation of human intellectual, basically the knowledge of traditional medicine needs to be aligned with the IPR regime. Although it has highly enonomic values, unfortunatelly, until now the protection of knowledge of traditional medicine is still inadequate. In facts, many biopiracy cases are considered to be very detrimental to Indonesia. This article, produced from normative and empirical researches, discusses the legal protection of the knowledge of traditional medicine in Indonesian IPR regime and the role of the state to protect the knowledge of the traditional medicine. In this research, the protection of the knowledge of traditional medicine basically has been regulated in several laws and regulations concerning IPR, however, the IPR still onsidered unable to provide adequate protection against the rampant act of missappropriation by foreign parties. That is why a regulation (sui generis) to protect the knowledge of traditional medicine is needed. In addition, the role of the state to protect the knowledge of traditional medicines can be implemented by: establishing regulations, establishing a national data base, regulating benefits sharing on traditional medicine knowledge; and arrangements for granting access to knowledge of traditional medicine.