Abstract
The protection of traditional knowledge through patents is still an interesting issue on an international level. Indonesia revised Patent Law in 2016 (Law Number 13 of 2016 concerning Patent or Indonesian Patent Law). This Law has confirmed that patent is an exclusive right that the country gives for the inventor to the invention in technology, for a certain amount of time, to implement itself or give other parties to implement it. The patent can be submitted if required terms of the patent application, there are novelty, inventive steps, and industrially applicable. That provision cannot be fulfilled by traditional knowledge, where traditional knowledge is the knowledge passed down from generation to generation. This study is a doctrinal study that will analyze Article 26 of the Indonesian Patent Law. The study found that Indonesia has required the mention of sources of origin in traditional knowledge under Indonesian Patent Law. This article provides opportunities for the protection of traditional knowledge. It is also a challenge for communities to obtain protection and benefit-sharing from traditional knowledge that the original source has stated when filing a patent.
Highlights
Legal protection of traditional knowledge (TK) is still an interesting issue to be international debated,1 that can be seen in the agendas of IPR council meetings at the World Trade Organization (WTO).2 The existence a long debate related to whether or not the protection of traditional knowledge is regulated by itself or incorporated into the IPR legislation of each member country
Legal protection of traditional knowledge (TK) is still an interesting issue to be international debated,1 that can be seen in the agendas of IPR council meetings at the WTO.2
This affirmation shows that Article 26 of the 2016 Indonesian Patent Law is in line with Article 29 of the TRIPs Agreement which regulates the obligation to disclose the source of ori
Summary
Legal protection of traditional knowledge (TK) is still an interesting issue to be international debated, that can be seen in the agendas of IPR council meetings at the WTO. The existence a long debate related to whether or not the protection of traditional knowledge is regulated by itself or incorporated into the IPR legislation of each member country. The Nagoya Protocol requires the state to recognize the existence of Indigenous and Tribal Peoples, their rights, and customary laws that regulate access to traditional knowledge related to genetic resources as long as it is following national laws and regulations.. Indonesian Patent Law 2016 has implemented the protection of TK with a defensive protection system This refers to efforts aimed at preventing the granting of intellectual property rights to TK or genetic resources related to TK by other parties without the knowledge and permission of the owners of TK.. The explanation in Article 26 emphasizes the reasons for disclosing the origin of genetic resources and /or TK in the patent registration description so that genetic resources and / or TK are not recognized by other countries and in order to support Access Benefit Sharing (ABS).50 This affirmation shows that Article 26 of the 2016 Indonesian Patent Law is in line with Article 29 of the TRIPs Agreement which regulates the obligation to disclose the source of ori-. The protection of TK in the IPR system is constrained
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