Protection of traditional knowledge in the advance of technological era of intellectual property rights in Indonesia

Abstract

The ratification of Law No. 7 the year 1994 concerning The Establishment of WTO following the TRIPS agreement raised awareness on the protection of intellectual property rights internationally. Traditional knowledge of indigenous people is a wealth of the nation and form of biodiversity that has to be protected, but in recent development and existence, it is weak in terms of protection of intellectual property rights. Many cases found the fact that developed countries are taking advantage of the traditional knowledge from developing countries such as Indonesia due to the lack of protection. The different idea of Intellectual Property Rights protection on TRIPS which more take sides to the private property and monopoly is contrary to the communal ownership of indigenous people on their traditional knowledge. The different interpretations of the “prior act” and public domain of the traditional knowledge that comes in the debate also raise a juxtaposition between the invention and synthesis of the knowledge and the product. Indonesia does not have sui generis laws governing traditional knowledge. Therefore, this paper will analyze: 1) How the intellectual property frameworks and protection of traditional knowledge; 2) The fair benefit-sharing mechanism as respect and protection to the traditional knowledge of the indigenous people in Indonesia.