Intellectual Property Protection of Indigenous Knowledge: Implementing Initiatives at National and Regional Levels

Kariyawasam, Kanchana; Guy, Scott

doi:10.21153/dlr2007vol12no2art222

Cited by 3 publications

(5 citation statements)

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“…Indonesia can also fight for its interests through regional cooperation forums, especially ASEAN. According to Kariyawasam and Guy (2008), strengthening regional cooperation in terms of protection of traditional knowledge is a very effective strategy to achieve what is the goal of a state. Furthermore said by Kariyawasam and Guy (2008): "Regional experiences should be encouraged and supported, which would make it easier to find a comprehensive, holistic system when joint processes are initiated.…”

Section: International Law In the Establishment Of Traditional Knowledge Regulations In Indonesiamentioning

confidence: 99%

“…According to Kariyawasam and Guy (2008), strengthening regional cooperation in terms of protection of traditional knowledge is a very effective strategy to achieve what is the goal of a state. Furthermore said by Kariyawasam and Guy (2008): "Regional experiences should be encouraged and supported, which would make it easier to find a comprehensive, holistic system when joint processes are initiated. It is suggested here that a regional regime would optimize the possibility for cooperation among the Members to manage biodiversity; to maximize the efficient use of resources, and to ensure that the benefits from their exploitation are fairly and equitably shared in the region … Although protection of indigenous knowledge has become the particular property of sovereign states, this issue has gained momentum in a more generalized (supra-national) regional context.…”

Section: International Law In the Establishment Of Traditional Knowledge Regulations In Indonesiamentioning

confidence: 99%

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The Existences of International Law in The Establishment of Indonesian National Regulation on The Protection of Traditional Knowledge

Bangun

2019

JHN

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Introduction to The Problem: The debate about whether the protection of traditional knowledge governed by international law has led developing countries, such as Indonesia, to have the potential for traditional knowledge to feel disadvantaged. Purpose/Objective Study: This paper intends to discuss the existence of international law in the formation of Indonesian national regulations concerning the protection of traditional knowledge. Design/Methodology/Approach: This research designed as doctrinal legal research. The data used in this study are secondary data which analyzed qualitatively Findings: From the results of research and discussion it is known that stipulation of regulations related to the protection of traditional knowledge in Indonesia needs to be accompanied by efforts to encourage the acceptance of national interests in international agreements, both through increasing TRIP agreements and the ASEAN framework. Also, it must be ensured that all binding international legal instruments related to traditional knowledge will truly benefit especially the community of traditional knowledge owners in Indonesia.

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Section: International Law In the Establishment Of Traditional Knowledge Regulations In Indonesiamentioning

confidence: 99%

Section: International Law In the Establishment Of Traditional Knowledge Regulations In Indonesiamentioning

confidence: 99%

The Existences of International Law in The Establishment of Indonesian National Regulation on The Protection of Traditional Knowledge

Bangun

2019

JHN

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“…Brazil was one of the first countries to develop a sui generis legal system specifically for the protection of traditional knowledge in 2001 (Kariyawasam & Guy, , p. 107). Provisional Measures () numbers 2.186–16 are aimed at regulating access to genetic heritage and associated traditional knowledge.…”

Section: Disclosure Requirements In Other Jurisdictions: Us Nz and Bmentioning

confidence: 99%

“…Despite these criticisms, the disclosure requirement and associated sanctions are an effective way of protecting traditional knowledge from biopiracy. Kanchana Kariyawasam and Scott Guy (, p. 108) state that Brazil has taken all possible measures to prevent unauthorized third parties from misappropriating traditional knowledge. Although Brazil may need legislative amendment to address bureaucracy around the access requirements and ensure innovation is not impeded, the patent disclosure requirement provides an effective checkpoint to consider whether traditional knowledge has been obtained with PIC and benefit‐sharing.…”

Section: Disclosure Requirements In Other Jurisdictions: Us Nz and Bmentioning

confidence: 99%

Combating biopiracy in Australia: Will a disclosure requirement in the Patents Act 1990 be more effective than the current regulations?

Dawkins

2017

World Intellectual Property

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Genetic and biochemical resources have the ability to provide considerable economic, social and environmental benefits to a nation. Traditional knowledge of these natural resources is extensive. Biopiracy occurs when commercial actors appropriate traditional knowledge without recognition or benefit‐sharing. It has faced international condemnation. The importance of acknowledging traditional knowledge and ensuring benefit‐sharing from inventions based on this knowledge is recognized. This paper explores strategies for protection of traditional knowledge and considers the adequacy of Australia's approach. It discusses the global problem of biopiracy and Australia's international obligations. It explores Australia's current protection, including part 8A of the Environment Protection and Biodiversity Conservation Regulations () (Cth). This paper then compares Australia's strategy to the protections afforded in the United States, New Zealand and Brazil. It is argued that an additional disclosure of origin and source requirement within the Australian Patents Act (Cth) would assist in better protection of traditional knowledge and the promotion of benefit‐sharing.

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“…The rules for the protection are, since then, been established and adopted, giving rise to several national regulations to provide Sui Generis protection for traditional knowledge [14][15][16], most of them taking into account the definitions and perceptions of the characteristics of the traditional knowledge presented by those organizations in several meetings and conferences.…”

Section: Introductionmentioning

confidence: 99%

The Role of Intellectual Property in Assuring Cultural and Gender Diversity in Labor Force in an Internationalized World

Ertner,

Cordeiro,

Miranda

et al. 2023

Intellectual Property - Global Perspective Advances and Challenges [Working Title]

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When we think of a globalized world, whose development is based on internationalized actions, the ease of communication, access to information, cultural and commercial exchanges and the technological development that they ignite immediately come to mind. Clearly, much is earned from internationalization, however, what is lost is rarely considered. A rigorous assessment of the changes that internationalization represents for a nation is needed, in order to understand its effective costs and handle it properly. It is a common sense that the main impact of internationalization is on the culture of a people. Internationalization, as a mechanism to facilitate sharing of information, products, knowledge, certainly has an impact on cultural diversity, however, it is not always clear if it is positive or negative. Regarding intellectual property, it often influences authorship recognition and, therefore, ownership of innovative creations. Often, cultural issues affect the way in which authorship recognition occurs, especially when it comes to different ethnicities and genders. In this chapter, we will explore the aspects of intellectual property related to traditional knowledge that influence cultural and gender diversity, worldwide, evidencing their pros and cons, aiming to collaborate to public policies to bridge the gender gap and truly protect diversity.

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Intellectual Property Protection of Indigenous Knowledge: Implementing Initiatives at National and Regional Levels

Cited by 3 publications

References 1 publication

The Existences of International Law in The Establishment of Indonesian National Regulation on The Protection of Traditional Knowledge

The Existences of International Law in The Establishment of Indonesian National Regulation on The Protection of Traditional Knowledge

Combating biopiracy in Australia: Will a disclosure requirement in the Patents Act 1990 be more effective than the current regulations?

The Role of Intellectual Property in Assuring Cultural and Gender Diversity in Labor Force in an Internationalized World

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