KONSEP PERLINDUNGAN HUKUM TERHADAP PENGETAHUAN TRADISIONAL MASYARAKAT ASLI TENTANG OBAT DI INDONESIA
<h3>The Protection of Traditional Knowledge, especially protection traditional medicine, have been an academic debate in international forum. Research is aimed to find out: <em>firstly</em>, living norms protecting traditional konowledge of medicine in indigenous communities; <e...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Universitas Muhammadiyah Yogyakarta
2012-12-01
|
| Series: | Jurnal Media Hukum |
| Online Access: | http://journal.umy.ac.id/index.php/jmh/article/view/99 |
| Summary: | <h3>The Protection of Traditional Knowledge, especially protection traditional medicine, have been an academic debate in international forum. Research is aimed to find out: <em>firstly</em>, living norms protecting traditional konowledge of medicine in indigenous communities; <em>secondly</em>, comparing practices of developing countries in regulating Traditional Knowledge; and <em>thirdly</em>, identifying the current applicable concept in protection Traditional knowledge. The finding of the research comprises, <em>firstly</em>, as a valid owner of traditional knowledge, indigenous peoples have reseonable rights to determine legal protection based on their perpectives. <em>Secondly</em><em>, </em>practices of medicinal knowledge arrangement in developing countries are variable and; <em>thirdly</em> defensive protection concept and positive protection involves intellectual property regime (patent, trademark and geographical indication) and legal regime <em>sui generis </em>to be applied in traditional knowledge, especially medicinal knowledge.</h3><h3>Key Words: <em>Traditional Knowledge; Indigenous Peoples; Ownership; Intellectual Property</em><em>, </em><em>Legal Protection.</em></h3> |
|---|---|
| ISSN: | 0854-8919 2503-1023 |