The empowerment model of indigenous people for legal protection against Indonesian traditional knowledge

Abstract

As the holder of nation’s heritage intellectual rights like traditional knowledge, indigenous people are really proud to promote the forefather’s creation but they can not refuse if their traditional knowledge is exploited by foreigners without any compensation. Therefore, the linked Institution (of Intellectual Property Rights/IPR) has to apply an empowerment model to protect and enforce the traditional knowledge generally and specifically (sui generic). There must be an effort to protect the traditional knowledge optimally. This research is about legal protection to traditional knowledge by applying an empowerment model of indigenous people based on literary and field study. The applied approaches are historical approach, statute approach, and sociological approach. The result of research resumed that empowerment model of indigenous people in legal protection to Indonesian traditional knowledge is recommended to be applied by using this model seriously. Indigenous people have to take a part to promote it, supported by coordination National Government, Directorate General of Intellectual Property Rights Ministry of Law and Human Rights, Ministry of Industry, Ministry of Commerce, Ministry of Cooperative and SME’s, Ministry of Tourism and Creative Economy, Local Government, Banking, Local and National board of Industry (called DEKRANAS/DA), University, IPR Consultant and Non Government Organization (NGO). In the law of traditional knowledge, people will be supposed as a subject that has an active role in legal protection and traditional knowledge preservation activities.