Perlindungan Pengetahuan Tradisional Secara Sui Generis Untuk Menyongsong Masyarakat Ekonomi Asean

Abstract

At this time the Asean Economic Community is being held which is a free trade system in ASEAN Countries (Asean Economic Community), so that traditional knowledge is important to be protected by sui generis in Indonesia which causes the absence of legislation who specifically regulates traditional knowledge because it deals with the transfer of technology, economic development and national honor, and attracts investors in the field of research development in Indonesia, one of the countries that has natural resources and human resources in resulting in a variety of traditional knowledge as a feature of local wisdom, traditional knowledge has a very strategic value to be protected by sui generis in the field of intellectual property as a nation's intellectual work. Protection of traditional knowledge requires regulations in order to regulate the use of sharing benefits that are balanced and equitable for people who have the right to traditional knowledge. The current application of the IPR regime is not optimal in its application to protect traditional knowledge especially regarding traditional medicine against violations committed by foreign countries. The impact of legal protection on traditional knowledge is known to other countries, especially the ASEAN Economic Community as a society that values and utilizes traditional knowledge as an increase in regional income.

Directions for improving the concept of technology for the purpose of financial support for their transfer within the European Union

“…Issues related to the definition of the essence, features, internal nature, and place of technologies within the innovation process and technology transfer in the law of the European Union are investigated both in general and in the section of their individual elements, both at the national level and within international regulatory documents. Thus, work [1] examines the issue of compliance of the existing rules of technology transfer with the needs of such participants as scientific and research institutions. It was concluded that the main approach to defining the essence of technologies as a set (system) of objects of intellectual property rights does not meet the needs of technology transfer participants, as it is not able to protect the main idea (basic knowledge).…”

“…All the works reviewed above [1][2][3][4][5][6][7] testify to the focus of scientific research on solving the issue of improving the efficiency of technology transfer, through a change in the approach to understanding their essence. No works were found, within which proposals for improving the generalized constructions of defining the essence and features of technology would be formed.…”

“…The lack of a single approach to determining the essence of technology within the framework of the legislation of the European Union ("EU") is determined on the basis of a systematic analysis of the rules of its transfer. In most EU regulatory acts, technology is understood as an object that exists autonomously and does not require additional definition within the framework of the legal system [1,7]. This interpretation is determined by those international obligations that were previously accepted by EU member states and defined at the level of a number of international agreements.…”

Pengobatan Alternatif Tradisional Untuk Mencegah Penularan Covid-19 Menurut Perspektif Hukum Kekayaan Intelektual Di Kota Ambon

“…Kondisi ini dapat kita lihat dari rendahnya dukungan pemerintah untuk mengembangkan industri pengobatan tradisional herbal. 4 Hasil dari kegiatan riset dan pengembangan tersebut yaitu produk pengembangan dengan kemasan baru, yang mereka sebut sebagai produk baru, seperti dalam bentuk obatobatan modern. Obat-obatan modern tersebut dimohonkan untuk didaftarkan hak paten dan diklaim sebagai miliknya sehingga menghilangkan asal usul dari produk tersebut, padahal hak paten tidak dapat diberikan kepada perusahaan multinasional tersebut jika dapat dibuktikan telah pernah ada sebelumnya (prior art).…”

Implementation of Economic Rights Principles on Trademark In Trading of Product in The Pandemic Covid-19 Era

“…Indonesia, which is a member of the Asean Economic Community (MEA), has become a risk in competition in the economic field, especially Intellectual Property which is developing in the flow of the Asean Economic Community (AEC) as the main pillar in the economic development of a country 1 . As an intellectual product, trademark play an important role for continuity and increases good and service transaction of trading and investment 2 . Trademark with the image can accomplish the customer demand for the important sign or distinguish and guarantee for good and service qualities in the competition atmosphere.…”