THE FULFILLMENT OF ECONOMIC AND MORAL RIGHTS OF INDIGENOUS PEOPLES ON TRADITIONAL KNOWLEDGE AND TRADITIONAL CULTURAL EXPRESSIONS THROUGH INDONESIA'S TPR's SYSTEM

Abstract

Economy and moral rights are the part of basic human rights entitled to the proprietor of the intellectual property that must be full filed by the state, to meet the requirements of Constitution. Similar treatment must be provided by the state to economic and moral rights of indigenous peoples on their own Intellectual Property, in the form of Traditional Knowledge and Traditional Cultural expressions as described in Article 18 b of the Constitution of 1945 “The state recognizes and respects the customary law community units including their traditional rights as long as it exists and in accordance to society development and principles of Unitary State of The Republic of Indonesia, as stated by the Law.”. Fulfilment of these rights through modern TRIPs-WTO IPRs regime brings about legal problems, considering their different character, where individual and commercial character of modern IPRs contradicts the communal and non-commercial character of Traditional Knowledge and Traditional Cultural Expression. On the other hand, to get modern IPRs protection, Traditional Knowledge and Traditional Cultural Expression must meet particular conditions such as originality/ novelty, inventive step and applicable to industry which indeed unable to fill due to its anonymous inventor, developed and bequeathed from generation to generation and is not intended specifically for industrial/commercial purpose. Keywords: Rights, Indigenous Peoples