POSITIVE PROTECTION: PROTECTING GENETIC RESOURCES RELATED TO TRADITIONAL KNOWLEDGE IN INDONESIA
Abstract Genetic Resources is foundation of human life, as a source of food, industrial raw materials, pharmaceuticals, and medicines. From its utilization may provide financial benefit to the provider and the user of it. Unfortunately, most of it obtained from developing countries through bio-p...
| Main Authors: | , |
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| Format: | Article |
| Language: | Indonesian |
| Published: |
University of Lampung
2018-01-01
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| Series: | Fiat Justisia |
| Online Access: | http://jurnal.fh.unila.ac.id/index.php/fiat/article/view/985 |
| Summary: | Abstract
Genetic Resources is foundation of human life, as a source of food, industrial raw materials, pharmaceuticals, and medicines. From its utilization may provide financial benefit to the provider and the user of it. Unfortunately, most of it obtained from developing countries through bio-piracy, including Indonesia. Furthermore, in the early 1980s, access and benefit sharing (ABS) to genetic resources became an international issue. It leads to the adoption of the Convention on Biological Diversity (CBD) in 1992. However, since it was approved, the whole ideas of excellence of it could not be implemented, problem on it still arises. Intellectual property right laws, in certain aspects are possible for using to protect traditional knowledge from their utilization. However, in the same time, intellectual property regime also becomes “a tool” to legitimate of bio piracy practices.
Due to international massive pressure, mostly developing countries, it proposes two kind of protections, are positive protection and defensive protection. This paper will examine one of it, which is positive protection. By using the normative method and qualitative approach, this paper identified at least two kind of positive protections that we can develop in order to protect genetic resources related to traditional knowledge, are optimize the patent law and develop the sui generis law. Furthermore, it can do by some revision by adding new substances, improvement on the Articles, or even by doing the deletion on certain articles. Moreover, in order to develop the sui generis law, it identified several minimum elements that shall be contained on it, inter alia: the purposes of protection; scope of protection; criteria of protection; the beneficiaries of protection: the holder of traditional knowledge; the kind of rights to be granted; how does the rights acquired; how to enforce it; how does the rights lost or expired; and dispute resolution.
Keywords: Positive Protection, Genetic Resources, Traditional Knowledge. |
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| ISSN: | 1978-5186 2477-6238 |