Protection Of Traditional Knowledge Research Articles

Harnessing the Experience of Research and Indigenous Knowledge for Sustainable Agricultural Transformation in Arunachal Pradesh, India

Traditional knowledge includes methods for nutrient management that rely on natural resources and minimize reliance on artificial inputs. Techniques such as using botanical extracts like Bilb Rasyan and Gaajar Ghaas Svaras, as well as incorporating organic materials like cow urine and plant residues, help enrich the soil with essential nutrients. Farmers in various regions have implemented ITK practices for soil conservation. For instance, the use of Vetiver grass as a vegetative barrier helps prevent soil erosion and stabilizes slopes. This method is cost-effective and adaptable to different environmental conditions. Advocating for policies that recognize and support the integration of ITKs into mainstream agricultural research and extension services is crucial. The Protection of Plant Varieties and Farmers' Rights Act (PPVFR Act) in India provides legal recognition and protection for traditional knowledge and farmer innovations. The synthesis of Indigenous Technical Knowledge and modern agricultural research not only supports the livelihoods of local farmers but also contributes to environmental health and cultural preservation. This approach holds the promise of a more sustainable and prosperous future for Arunachal Pradesh and can serve as an inspiring model for other regions seeking to harmonize tradition with innovation.

Perlindungan Pengetahuan Tradisional dan Ekspresi Budaya Berdasarkan Undang-Undang Pemajuan Kebudayaan

The purpose of this study is to analyze by discussing the protection of cultural knowledge seen from Law No. 5 of 2017, which at the time of the case in decision 823/K/Pid.Sus/2009 occurred where Law No. 5 of 2017 had not been passed. Indonesian society is a communal society, where there is a lack of awareness in protecting traditional culture. The emergence of various problems related to the Protection of Intellectual Property in Traditional Knowledge and Cultural Expression has made the public begin to realize the importance of Intellectual Property Law itself. In this study, the researcher uses a normative juridical law research method, namely reviewing and studying literature, legislation related to Traditional Knowledge and Cultural Expression by conducting a Law and Literature approach by analyzing secondary data through literature such as books, journals, articles and laws and regulations related to Traditional Knowledge. As a result, Decision No. 823/K/Pid.Sus/2009 showed that judges lacked understanding of traditional knowledge, which at that time had not been specifically regulated and only through the Patent Law, Trademark Law, and Copyright Law. Public awareness of Intellectual Property Rights is also low, leading to legal uncertainty. Law No. 5 of 2017 provides protection for traditional cultural knowledge and expressions, such as arts and customs, with the state obliged to carry out inventory, maintenance, and preservation. This law also emphasizes the importance of public legal awareness in its enforcement.

Geographical indications (GIs) protection in Pakistan: assessing the role of new legislation in sustainable development

ABSTRACT This study examines the potential of Pakistani Geographical Indication (GI) products and compares the old and new legal frameworks for GI protection. It also explores GI Laws in Asian countries and compares them with Pakistan’s newly enacted GI Law i.e. Geographical Indications (Registration and Protection) Act, 2020 (GIRPA’20). Additionally, this article explores challenges after Pakistan’s recent enactment of sui generis GI legislation. Based on an extensive review of the GI literature and policy documents, this qualitative study utilises secondary data to identify numerous potential GIs in Pakistan, collectively representing significant economic value. This study finds that inadequacies in the previous legal system, institutional weaknesses, and delays in enacting sui generis GI legislation caused considerable damage to Pakistani economy, including the usurpation of GIs, market losses, and declining exports among others. The new legislation addresses previous lacunas, providing greater protection to GIs and significantly contributing to Pakistan’s sustainable development. However, comparing Pakistan’s GI law with those of India, Malaysia, China, Indonesia, and Thailand reveals similarities and differences in terms of the registration process, scope of protection, legal framework, protection of traditional knowledge, and enforcement mechanisms. This study also discusses important post-GI legislation issues and proposes unique solutions for Pakistan’s sustainable development.

Indonesian Legal Protection of Traditional Knowledge as Community Identity

Traditional knowledge is knowledge developed by indigenous people or intellectual work based on tradition. This knowledge includes methods of cultivating and processing plants, medicine, art, and food and drink recipes. Based on this, it is very important for a country to protect traditional knowledge, especially in this case Indonesia. This research uses normative legal research methods. The results of the research show that the Indonesian state has paid attention to this matter, which is included in intellectual property law and is currently developing a bill on the protection and utilization of intellectual property of traditional knowledge and traditional cultural expressions.

Implementation of Traditional Knowledge Protection of Enbal Processing

Implementation of Traditional Knowledge Protection of Enbal Processing

Принцип предварительного обоснованного согласия на использование традиционных знаний

Corporations make huge profits from the use of traditional indigenous knowledge, but the owners of this knowledge often receive no compensation. This is illustrated by litigation on biopiracy widely discussed in the foreign media. The author argues that the classical mechanisms for protecting intellectual property, which have proven to be effective, are not suitable for protecting the traditional knowledge of indigenous peoples. Transnational companies take advantage of gaps in the legal protection of traditional knowledge, patenting both their own production methods and methods of using plants in medicine, and registering traditional images of tribal peoples as their own designs. Protecting traditional knowledge of indigenous peoples requires the creation of new models of protection, a key element of which is obtaining the prior informed consent of the indigenous community to access and use traditional knowledge.

Harnessing the economic value of indigenous knowledge in Kenya: a qualitative review of the legal framework

Purpose Commercial entities have recently expressed growing interest in commercialising indigenous knowledge (IK) due to its enormous economic and intrinsic value. As this happens, custodial communities must not be disadvantaged in the process. This paper aims to understand the legal framework of the commercialisation of IK to identify the opportunities and factors impeding or affecting the commercialisation of indigenous knowledge in Kenya. Design/methodology/approach The study used a qualitative research approach. An extensive exploratory literature review of existing legal instruments was done to establish the progress and gaps for commercialising indigenous knowledge in Kenya. Findings The study shows that the legal framework of IK in Kenya is inadequate. There are no well-established frameworks and policies to protect IK in Kenya, and thus, host communities are subjected to exploitation. The diversity of tribes and communities makes it challenging to have a clear framework, mainly because IK is a devolved function. The study identifies the Protection of Traditional Knowledge and Cultural Expressions Act 2016, The National Museums and Heritage Act 2006 and the Natural Products Industry as the key milestones towards commercialisation of IK, while inadequate documentation of IK, communal ownership and inadequate legislation were identified as the main impediments to commercialisation of IK in Kenya. Research limitations/implications Owing to the diverse cultures and tribal communities in Kenya, the research could not access all the literature on all traditional IK in Kenya, and very few case studies have been conducted in Kenya. Practical implications The gaps identified in the legal framework can form a basis for legislation, policy change, actions and research needed to improve the commercialisation of IK. Originality/value The paper underscores the importance of balancing economic empowerment with preserving cultural integrity and protecting indigenous rights in commercialisation.

Juridical Study of Intellectual Property Rights (IPR) for Plant Variety Protection (PVP) in Improving Agribusiness Competitiveness to Support the Sustainability of Indonesia's Economic Development

Purpose: This research aims to examine IPR protection for plant varieties through the regulation of the Patent Law and the PVP Law and formulate an appropriate legal regime to increase agribusiness competitiveness to support sustainable economic development. This research provides solutions for breeders and inventors as well as the government for the weaknesses of the Patent Law and PVP Law in addition to formulating the right IPR legal regime.
 
 Design/methodology/data analysis: The research method uses normative juridical. Researchers analyzed through secondary data, comparative law methods, and historical juridical IPR theories. Researchers construct the formulation of an appropriate IPR regime system.
 
 Findings: Researchers formulate that the PVP Law is an IPR regime system that is more appropriate than the Patent Law to improve agribusiness competitiveness. The PVP Law can accommodate the characteristics of plant varieties, the value of traditional knowledge, and farmer exceptions. However, a new legal regime system related to traditional knowledge that can accommodate special matters is needed.
 
 Originality/value: No one has examined the improvement of the IPR regime system and the establishment of a new legal regime related to "traditional knowledge" to improve agribusiness competitiveness to support sustainable economic development.
 
 Practical implications: The government needs to reassess the PVP Law, among others: (1) need to accommodate protection arrangements related to "processes," (2) affirmation of the time limit for the protection of traditional knowledge, (3) enforcement of security and environmental sustainability, (4) authority to grant compulsory licenses. In addition, it is necessary to develop new types of laws related to the protection of traditional knowledge. This research can be applied in other countries that have the same characteristics as Indonesia.

Legal protection of traditional medicine knowledge as intellectual property of North Aceh communities

The Convention on Biodiversity affirms the principles of having respect for and protecting traditional knowledge related to biodiversity, including traditional medicine knowledge. Indonesia as a country rich in traditional medicine knowledge ratified the Convention on Biodiversity in 1994. Traditional knowledge is a communal intellectual property which is one of the potential areas for improving people’s welfare. The North Aceh District is one of the districts in Aceh Province which still uses traditional medicines as part of the traditional knowledge of the community. Traditional medicine knowledge includes treatments related to, for example, coughs, broken bones, sprains, fever, itching and ringworm. The ingredients used are Peacock Leaves, Moringa Leaves, Black Seunijuk Leaves, Henna Leaves, Broken Nutmeg Leaves, areca nut roots, logs, areca nuts and noni fruit. This article will analyse the legal protection of traditional medicine knowledge as an intellectual property for the people of North Aceh. The results of the study show that legal protection for the traditional medicine knowledge of the people of North Aceh has not yet been implemented, and the entire existing traditional medicine knowledge is not yet known. Therefore, there is a need for strategic steps such as the availability of data collection in databases and collaboration with institutions observing traditional medicine knowledge.

Unravelling framework for herbal product manufacturing and approval in south India

This study investigates the regulatory framework for manufacturing and approving herbal products in South India, a region with increasing global demand for natural remedies. It focuses on understanding the specific guidelines and processes crucial for industry stakeholders and regulatory authorities. The research highlights the unique aspects of the South Indian regulatory environment, including botanical authenticity, safety assessments, labeling requirements, and the protection of traditional knowledge. The aim is to assist manufacturers, regulators, and policymakers in ensuring the quality, safety, and efficacy of herbal products. Methodologically, the study relies on document analysis, expert interviews, and case studies of approved herbal products. Its findings aim to enrich the understanding of herbal product regulation, promoting sustainable development and trade in this field. This research is a valuable asset for industry professionals, researchers, and policymakers in the herbal products sector. Keywords: Herbal products, regulatory framework, South India, traditional knowledge, safety assessments, authenticity. (160 words).

An approach to the protection of traditional knowledge under the existing IP regime

An approach to the protection of traditional knowledge under the existing IP regime

Legal Protection of Traditional Knowledge in Uganda: Development, Problems and Perspectives

Legal Protection of Traditional Knowledge in Uganda: Development, Problems and Perspectives

TRIPS and Protection of Traditional Knowledge of Genetic Resources: New Challenges to the Patent System

TRIPS and Protection of Traditional Knowledge of Genetic Resources: New Challenges to the Patent System

An approach to the protection of traditional knowledge under the existing IP regime

An approach to the protection of traditional knowledge under the existing IP regime

The Urgency of Implementing Intellectual Property Regulations in the Protection of Traditional Knowledge in Indonesia

For the people of Indonesia, traditional knowledge is the most important knowledge that aims to preserve assets or wealth that is rarely owned by countries other than Indonesia. Traditional knowledge acquires the interaction between nature and the environment that belongs to every society. This study has secondary data consisting of three materials, including 1) secondary legal material, and 2) primary legal material. The material of the secondary law is in the form of articles or news about the protection of traditional knowledge, both from international and national. Then, the material of the premier law is based on Government Regulation Number 56 of 2022 concerning Communal Intellectual Property. Then, qualitatively the data was analyzed by comparing the regulations that became references with the protection of traditional knowledge. A country has cultural heritage that must be protected in order to avoid extinction, where in providing protection the state plays an active role, especially in the Indonesian state. Indonesia as a state of law applies the urgency of regulations related to the protection of traditional knowledge.

Implementation of the Use and Protection of Traditional Knowledge for Sustainable Tourism Development

Implementation of the Use and Protection of Traditional Knowledge for Sustainable Tourism Development

Legal Protection for Traditional Knowledge in the Vernacular Settlements: The Role of Government in Safeguarding the Siak’s Weaving Art in Riau, Indonesia

Legal Protection for Traditional Knowledge in the Vernacular Settlements: The Role of Government in Safeguarding the Siak’s Weaving Art in Riau, Indonesia

Protection & Promotion of Traditional Knowledge of Marginalised Communities: A Legal Perspective

Marginalised rural communities, particularly in tropical countries such as those within Southeast Asia, are often aware of the use of indigenous herbs and agricultural products but concomitantly oblivious as to the means of protection and promotion of using their traditional knowledge. It is estimated that around 1,500 plant species have been widely used for traditional medicines in Southeast Asia. The paper will commence with a discussion of the meaning of “traditional knowledge”, adopting a utilitarian perspective. The paper focuses on the countries of Southeast Asia and provides a legal analysis of the protection of traditional knowledge provided under international treaties, namely: Agreement on Trade-related Aspects of International Property Rights (TRIPS); International Convention for the Protection of New Varieties of Plants (UPOV), International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA); and the Convention on Biological Diversity (CBD). To date, the World Intellectual Property Organization (WIPO) has been unable to agree on the contents of an international legal instrument relating to intellectual property rights over genetic resources, traditional knowledge, and traditional culture. The legislative responses of the 11 nations of Southeast Asia are analysed. Much of the focus of international treaties is on protecting plant breeders’ rights over farmers’ rights, and this imbalance should be addressed. Governments should be proactive and amend their patent legislation to require patent applicants to declare their use of indigenous resources and knowledge. Examples of the development and promotion of traditional knowledge are briefly described.

Kepemilikan Common Property Pada Pengetahuan Tradisional

This article discusses the concept of traditional knowledge and examines policy directions related to common property in Indonesia. Protection of traditional knowledge is not only the existence of intellectual works produced by indigenous peoples, but solely due to environmental factors and indigenous peoples which give special characteristics to products produced by an indigenous community. Thus traditional knowledge can provide protection to an object that is part of common property and not part of private property. This research is normative juridical research with a conceptual approach related to copyright and common property. The results of the study show that the concept of collective-communal ownership basically originates from the existence of a community unit that feels a sense of togetherness in owning something with the same interests and refers to the existence of rights that can be enjoyed by many people or groups. Meanwhile, in relation to traditional knowledge as part of common property, it can be interpreted that society as a whole has the same opportunity to enjoy the potential contained in this traditional knowledge. From the study of collective and communal concepts in the realm of customary law, the ownership of traditional knowledge is inherent in collective communal characteristics. The existence of this special characteristic of ownership indicates the need for the development of principles in the realm of copyright. Therefore, Indonesia should have a law specifically related to common property.

International Developments Related to Protection of Traditional Knowledge

International development efforts have increasingly recognized the importance of protecting traditional knowledge, especially in the context of indigenous communities. Traditional knowledge encompasses a broad range of information, practices, and beliefs that have been passed down through generations within a community, often related to areas such as medicine, agriculture, and the environment. However, the exploitation of traditional knowledge by outsiders has led to concerns about intellectual property rights and cultural appropriation. International efforts to protect traditional knowledge have included the creation of legal frameworks, such as the Nagoya Protocol, which aims to ensure that access to and use of traditional knowledge is based on prior informed consent and that benefits are shared fairly. Additionally, initiatives such as the United Nations Declaration on the Rights of Indigenous Peoples have emphasized the importance of recognizing and respecting the rights of indigenous peoples to their traditional knowledge and cultural heritage. Despite these efforts, challenges remain in effectively protecting traditional knowledge. The complexity of traditional knowledge and the diversity of indigenous communities means that a one- size-fits-all approach is not always effective. Additionally, the power imbalances between indigenous communities and external actors can make it difficult to ensure that traditional knowledge is used and shared in a manner that respects the rights and autonomy of the communities involved. Overall, protecting traditional knowledge is an important aspect of international development efforts, and requires ongoing engagement with indigenous communities to ensure that their rights and knowledge are respected and protected.