The Existences of International Law in The Establishment of Indonesian National Regulation on The Protection of Traditional Knowledge

Budi Hermawan Bangun

doi:10.26555/novelty.v10i1.a13122

Abstract

Introduction to The Problem: The debate about whether the protection of traditional knowledge governed by international law has led developing countries, such as Indonesia, to have the potential for traditional knowledge to feel disadvantaged. Purpose/Objective Study: This paper intends to discuss the existence of international law in the formation of Indonesian national regulations concerning the protection of traditional knowledge. Design/Methodology/Approach: This research designed as doctrinal legal research. The data used in this study are secondary data which analyzed qualitatively Findings: From the results of research and discussion it is known that stipulation of regulations related to the protection of traditional knowledge in Indonesia needs to be accompanied by efforts to encourage the acceptance of national interests in international agreements, both through increasing TRIP agreements and the ASEAN framework. Also, it must be ensured that all binding international legal instruments related to traditional knowledge will truly benefit especially the community of traditional knowledge owners in Indonesia.

Highlights

Introduction to The ProblemThe debate about whether the protection of traditional knowledge governed by international law has led developing countries, such as Indonesia, to have the potential for traditional knowledge to feel disadvantaged
The IPR protection primarily contained in the Trade-Related Aspects of Intellectual Property Rights (TRIP’s), which is an annex of the Marrakech Agreement of 1995 on the establishment of the World Trade Organization (WTO) that provides individualistic and specific protection over a while (Oguamanam, 2004)
In the view of developing states, traditional knowledge as part of IPR must be protected, without discrimination, as TRIP’s protects seven types of IPR oriented to the interests of developed states

Summary

Introduction

Introduction to The ProblemThe debate about whether the protection of traditional knowledge governed by international law has led developing countries, such as Indonesia, to have the potential for traditional knowledge to feel disadvantaged. Purpose/Objective Study: This paper intends to discuss the existence of international law in the formation of Indonesian national regulations concerning the protection of traditional knowledge. Developed from experience gained over the centuries and adapted to the local culture and environment, traditional knowledge is transmitted orally from generation to generation. It tends to be collectively owned and takes the form of stories, songs, folklore, proverbs, cultural values, beliefs, rituals, community laws, the local language, and agricultural practices, including the development of plant species and animal breeds. Traditional knowledge is mainly of a practical nature, in such fields as agriculture, fisheries, health, horticulture, and forestry.”

Methods

Results

Conclusion