scholarly journals Using Liability Rules to Stimulate Local Innovation in Developing Countries: Application to Traditional Knowledge

2005 ◽  
pp. 337-366 ◽  
Author(s):  
Jerome H. Reichman ◽  
Tracy Lewis
Keyword(s):  
Developing Countries ◽  
Traditional Knowledge ◽  
Liability Rules

scholarly journals Positive Protection: Protecting Genetic Resources Related to Traditional Knowledge in Indonesia

FIAT JUSTISIA ◽  
2018 ◽  
Vol 11 (2) ◽  
pp. 122
Author(s):  
Rohaini Rohaini ◽  
Nenny Dwi Ariani
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Genetic Resources ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Patent Law ◽  
Intellectual Property Right ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
International Pressure

Genetic Resources is a foundation of human life, as a source of food, industrial raw materials, pharmaceuticals, and medicines. From its utilization may provide a financial benefit to the provider and the user of it. Unfortunately, most of it obtained from developing countries through biopiracy, 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, a problem on it still arises. Intellectual property right laws, in certain aspects, are possible for using to protect traditional knowledge from their utilization. However, at the same time, intellectual property regime also becomes “a tool” to legitimate of biopiracy practices. Due to massive international pressure, mostly in developing countries, it proposes two kinds of protections, which 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 kinds of positive protections that we can develop to protect genetic resources related to traditional knowledge, which are optimizing the patent law and developing the sui generis law. Furthermore, it can be done by some revision by adding new substances, an 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 the rights acquired; how to enforce it; how the rights lost or expired; and dispute resolution.  Keywords: Positive Protection, Genetic Resources, Traditional Knowledge.

Trend on the protection of traditional knowledge associated with genetic resources within intellectual property chapters of Free Trade Agreements: the Peruvian experience

2019 ◽  
Vol 14 (9) ◽  
pp. 728-738
Author(s):  
Diego Francoise Ortega Sanabria
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Genetic Resources ◽  
Traditional Knowledge ◽  
Free Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Developed Countries ◽  
Benefit Sharing ◽  
Legitimate Interests

Abstract During negotiations of Free Trade Agreements, the bargaining power of developed countries has pushed developing countries to yield to higher standards of intellectual property protection in exchange of commercial benefits. However, there is evidence that developing countries can also seek and ensure the adoption of measures aimed at safeguarding their legitimate interests as a result of these negotiations. An example is Peru, which has sought to ensure the inclusion of provisions to require patent applicants to disclose the origin of the genetic resources and the associated traditional knowledge when they are used in the development of an invention, as well as the presentation of the evidence as to the prior informed consent from their legitimate owners and the corresponding equitable benefit-sharing. This article seeks to analyze whether the terms finally adopted have had a real impact on the protection of the Peruvian traditional knowledge associated with genetic resources.

scholarly journals PERLINDUNGAN HUKUM TERHADAP PENGETAHUAN TRADISIONAL MELALUI PENGEMBANGAN SUI GENERIS LAW

FIAT JUSTISIA ◽  
2016 ◽  
Vol 9 (4) ◽  
Author(s):  
Rohaini Rohaini
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
Qualitative Approach ◽  
Property Right ◽  
Intellectual Property Right ◽  
International Pressure ◽  
Property Regimes ◽  
Scope Of Protection

It’s cannot deny that intellectual property right laws, in certain aspects are possible for using to protect traditional knowledge from their utilization. However, in the same time, intelectuual property rezim also become “a tool” to legitimate of biopiracy practices. Due to the massive of international pressure, mostly developing countries, and the awereness that intellectual property regimes doesn’t optimal to protect traditional knowledge, it develops a discourse to develop a sui generis law outside of intellectual property right regimes. By using the normative method and qualitative approach, this research shows that in order to develop the sui generis law in Indonesia, there are several minimum elements that shall be contained in it, inter alia: the purposes of protection; scope of protection; creteria 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: protection, traditional knowledge, sui generis law

Designing patent policies suited to developing countries needs

2008 ◽  
Vol 10 (2) ◽  
Author(s):  
Carlos Correa
Keyword(s):  
Developing Countries ◽  
Traditional Knowledge ◽  
Innovation Systems ◽  
Patent System ◽  
Inventive Step ◽  
Utility Models ◽  
Recent Trends

Despite the internationalization of the patent system that started morethan one century ago and, particularly, the establishment of minimum standardsof protection under the Agreement on Trade-related Aspects of Intellectual PropertyRights (TRIPS), States still enjoy a certain degree of discretion to determinekey substantive aspects relating to the grant of patents. Initiatives for furtherharmonization of the system have not materialized yet. Recent trends in somedeveloped countries point to a drastic relaxation of the standards of patentability,particularly in connection with the inventive step. Developing countries neednot follow the same approach; they may apply strict standards of patentabilitycompatible with their innovation systems and reward incremental innovationsby means of utility models rather than patents. They may also develop rules todeal with the specificities of traditional knowledge.

BIOPIRACY, A BIOLOGICAL THEFT?

2019 ◽  
Vol 5 (1) ◽  
pp. 349-388
Author(s):  
Riya Gulati
Keyword(s):  
Developing Countries ◽  
Genetic Resources ◽  
Traditional Knowledge ◽  
New Product ◽  
Developed Countries ◽  
Biological Resources ◽  
The Developed Countries ◽  
Made In

‘Biopiracy’ is an illegal appropriation of genetic resources or traditional knowledge by way of patents which restrict its future use. It has been observed in a lot of cases that the devel-oped countries make use of the biological resources or traditional knowledge of the devel-oping countries while inventing a new product. And when they claim a patent over their invention, they are denied of that monopoly right. The term biopiracy itself suggests 'biological theft' however it is not always the case. A number of regulations have been made in favor of developing countries to protect their resources and traditional knowledge but at the same time, it is evident that the developed countries do not apply the traditional knowledge 'as it is', they go beyond it and carry out further research and experiment to develop a new product. The fact that the mere sub-stance in a new product is a part of traditional knowledge of a particular country is not a suitable ground to revoke the application of patent. In most of the cases, patents have been denied to the developed countries on the ground that there was no novelty in their product as the product has been developed by using developing country's traditional knowledge is not justified. The interest of the patentee should also be taken into consideration.

scholarly journals Preserving of Traditional Culture Expression in Indonesia

2016 ◽  
Vol 12 (7) ◽  
pp. 59 ◽  
Author(s):  
Ayu Citra Santyaningtyas ◽  
Mahmood Zuhdi Mohd Noor
Keyword(s):  
Developing Countries ◽  
Traditional Knowledge ◽  
Traditional Culture ◽  
Developed Countries ◽  
Human Thought ◽  
Art And Culture ◽  
Cultural Expressions ◽  
The Developed Countries ◽  
Traditional Cultural Expressions ◽  
Traditional Communities

<p>The great nation is a nation that is able to uphold the identity of the nation. Indonesia as the country with works of art and culture is no exception in terms of the traditional cultural heritage indeed has tremendous potential. And this potential still seems to be hidden and not used optimally.</p><p>One of the potential that can be developed for economic development are traditional knowledge (traditional knowledge), including folklore, art, dance, carvings, weavings and other traditional cultural expressions is the result rather than the fruit of human thought both movable and captured by our senses that have either abstract or tangible form.</p><p>The emergence of issues of injustice felt by developing countries occur because of traditional cultural expressions they do not get the protection and respect for traditional communities as the owners of traditional cultural expressions. Utilization of traditional cultural expressions may be defined as the use of traditional cultural expressions assets commercially and used without any sharing of benefits from the developed countries, therefore we need a protection.</p>

scholarly journals Bioprospecting, Biopiracy and Food Security in India: The Emerging Sides of Neoliberalism

2014 ◽  
Vol 23 ◽  
pp. 49-56 ◽  
Author(s):  
Sayan Bhattacharya
Keyword(s):  
Developing Countries ◽  
Food Security ◽  
Genetic Resources ◽  
Traditional Knowledge ◽  
Developed Countries ◽  
Plant Resources ◽  
Edible Plant ◽  
Sovereign State ◽  
Political Bargaining ◽  
Source Countries

Biopirates benefited and prospered from the plundering of natural resources from the developing and less developed countries without paying any royalty to the source countries at all. In the recent past, there have been several cases of biopiracy of traditional knowledge from India. Biopiracy in India was observed in the common plant varieties like Haldi, Basmati, Neem etc. Some cases have been highlighted with a success story, but there are also numerous stories of deprivation in the context of biopiracy. The stealing of biological resources and indigenous knowledge would affect food security, livelihood of indigenous people, and consumers‟ choice. More than 70 % of our food supply is dependent on a small number of edible plant resources, mainly wheat, maize, rice, and potato, which are fundamental to food security. Patenting of these plants varieties will definitely pose threat to the consumers. In politics, biopiracy has triggered the problem of the intrusion of national sovereignty when a corporation or a government from other countries utilizes and benefits from the patent varieties of genetic resources which derived from genetic resources or traditional knowledge from another sovereign state. However, in the past few years, developing countries have become more vocal in the international arena. This would help developing countries in the political bargaining with developed countries and can help to solve the problem of biopiracy.

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

SASI ◽  
2021 ◽  
Vol 27 (2) ◽  
pp. 172
Author(s):  
Ronald Saija ◽  
Teng Berlianty ◽  
Pieter Radjawane
Keyword(s):  
Developing Countries ◽  
Alternative Medicine ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Vaccine Development ◽  
Modern Medicine ◽  
Provincial Government ◽  
Health Needs ◽  
The Government

The success of vaccine development, one of the experiments to cure this virus, namely Traditional knowledge for most people has an important role for food security and the health of millions of people in developing countries. The purpose of this study was to determine and analyze the important role of the creator of traditional alternative medicine concoctions to prevent the transmission of Covid 19 in Ambon City, and the form of legal institutions by the Maluku Provincial Government to grant patents to the creators of traditional alternative medicine concoctions as local wisdom in handling treatment to prevent transmission. covid 19 in Ambon city. This research was conducted using an empirical juridical approach which is a descriptive study of qualitative analysis. The results showed that people in developing countries depend a lot on traditional medicine for up to 80% of their health needs. In addition, knowledge about health plants has become a source of modern medicine. The importance of the Government and society's attention to traditional knowledge and technology systems in Indonesia, especially in the field of herbal medicine. The occurrence of various polemics that often occur in the lives of indigenous peoples related to traditional healing for patients to prevent Covid-19 transmission in Ambon City.

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