International law has provided regulations -Convention on Biological Diversity and Nagoya Protocolto protect indigenous peoples' rights to Traditional Knowledge (TK). Countries could implement these established international standards to protect indigenous peoples towards their TK. This comparative study aims to describe how countries implement international standards of TK protection to the national level. Brazil and Indonesia share the resemblance of: (i) being developing countries; (ii) countries with abundant biodiversity; (iii) and having concern for TK protection arrangement in the international community. The method used in this research is a normative judicial approach. This research shows, Brazil and Indonesia show resemblance by acknowledging indigenous people's rights constitutionally and having a registry system to anticipate the misappropriation to TK. Furthermore, the difference on both countries to this matter are mainly divided into several aspects: (i) the definition of TK. Brazil associates TK with biodiversity, while Indonesia defines it in a wider scope; (ii) the rights given to indigenous peoples to TK. Brazil regulates specific rights given to indigenous peoples, while Indonesia only gives recognition right of indigenous peoples to TK from its Patent Law; (iii) Prior and Informed Consent. Brazil has stipulated the methods of acquiring TK, one of which is to earn Prior and Informed Consent. Indonesia has also regulated the Prior and Informed Consent principle, but hasn't laid down the technical methods; (iv) Benefit Sharing regulation. Brazil has regulated the benefit-sharing process, procedure, and outcome (monetary and non-monetary benefits), while Indonesia doesn't specify the ends and means to conduct a Benefit Sharing; and (v) institutions that oversees. Brazil established two specific bodies to oversee the rights of indigenous peoples to TK, while Indonesia, in its regulation, only appoints a Minister, but doesn't clearly specify which ministry body. In general, it could be concluded Brazil has conducted positive and Indonesia is using the defensive protection method in regards to indigenous peoples' rights towards Traditional Knowledge.
Traditional Knowledge (TK) is a knowledge that indigenous people have over the results of interactions with their territories. Nowadays, TK is considered as a commodity for foreign parties, such as companies, for product development that can reduce research operations and costs. Oftentimes, the rights of indigenous peoples to TK are ignored for the commercial interests of the company. Internationally, regulations to accommodate TK has not yet been established, but the rights of indigenous peoples have been regulated in several legal instruments. This research showed that the rights of indigenous peoples to TK has been accommodated in international legal instruments such as the International Covenant on Civil and Political Rights, United Nations Declaration on the Rights of Indigenous Peoples, Convention on Biological Diversity, and Nagoya Protocol. Base on the provisions of the CBD and the Nagoya Protocol, that all parties, foreign parties, who make use of traditional knowledge held by indigenous peoples must take the steps of Prior-informed consent, establish a Mutual Agreement Term (MTA), and establish access and benefit sharing (ABS) so that the benefits of using traditional knowledge can be returned to indigenous peoples for social, economic, cultural and general welfare.
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