scholarly journals MENAKAR PELUANG PELINDUNGAN INDIKASI GEOGRAFIS PADA BIDANG JASA DALAM KERANGKA HUKUM INDONESIA: SEBUAH DIAGNOSA AWAL

2021 ◽  
Vol 13 (1) ◽  
pp. 47-60
Author(s):  
Muh. Ali Masnun
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Service Sector ◽  
Legal Protection ◽  
Legal Framework ◽  
Trips Agreement ◽  
Geographical Indications ◽  
Protection Theory

The protection of geographical indications in Indonesia is still limited to the goods sector, but not yet for the service sector. The purpose of this study is to analyze the opportunities for the protection of geographical indications in the service sector within the legal framework in Indonesia. This research is a doctrinal research using a conceptual and statute approachs. The results of the study can be concluded that the opportunity for protection of geographical indications in the service sector is very good with an argument consisting of 4 aspects, including the provisions of the TRIPS agreement which are open, the potential for uniqueness of the region. based services, protection through the relative geographical indications still has weaknesses, and protection through communal intellectual property (traditional knowledge) is also relatively weak. The opportunities for the protection of geographical indications are also very relevant to several legal protection theories, including: predictive and anticipatory legal protection theory, integrative and coordinative theory, and social ownership theory.

scholarly journals Perlindungan Hukum Terhadap Produk Indikasi Geografis dari Tindakan Peniruan

2019 ◽  
Vol 8 (1) ◽  
pp. 49
Author(s):  
Anak Agung Ngurah Tresna Adnyana
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Research Method ◽  
Legal Protection ◽  
Trips Agreement ◽  
Geographical Indications ◽  
Geographical Indication ◽  
Legal Certainty ◽  
Empirical Law

Legal protection of Geographical Indications is necessary to determine whether there are communal or collective people. The communal community character means to belong to the community in the registered Geographical Indication area. This study aims to analyze legal certainty as well as the legal protection of product geographical indications of imitation actions. This research uses empirical law research method. In this case, the authors find that the TRIPs Agreement (Trade-related aspects of Intellectual Property Rights) and the act no 20 of 2016 concerning Trademarks and Geographical Indications are terms used to register. Perlindungan hukum terhadap Indikasi Geografis sangat perlu di perhatikan karena karakter kepemilikannya yang kolektif atau komunal. Karakter kepemilikan yang komunal memiliki arti menjadi milik bersama semua masyarakat dalam wilayah Indikasi Geografis yang telah didaftarkan. Penelitian ini bertujuan untuk menganalisis kepastian hukum serta perlindungan hukum produk indikasi geografis dari tindakan peniruan. Dalam penelitian ini metode yang digunakan adalah metode penelitian hukum empiris dengan menggunakan pendekatan perundang-undangan. Dalam penelitian ini penulis menemukan bahwa TRIPs Agreement (Trade Related aspects of Intellectual Property Rights) dan Undang-Undang 20 Tahun 2016 Tentang Merek Dan Indikasi Geografis mengatur secara khusus perlindungan bagi produk indikasi geografis yang telah didaftarkan.

scholarly journals Protection of traditional medical knowledge under intellectual property law

2015 ◽  
Author(s):  
Alexandra Alexandrou ◽  
Alkinoos Athanasiou ◽  
Panagiotis D Bamidis
Keyword(s):  
National Identity ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
Cultural Practices ◽  
Negative Impact ◽  
Medical Knowledge ◽  
Legal Protection ◽  
Legal Framework ◽  
Indigenous Populations ◽  
Ip Law

Intellectual Property (IP) Law constitutes the legal framework that ensures the protection of original creations of the mind against their illicit use and misappropriation. Providing the original creator with his rights constitutes a problem in cases such as traditional knowledge and cultural expressions since the rights over a practice cannot be traced back to specific individuals. Traditional Medical Knowledge (TMK) describes the practices and knowledge gained by native indigenous populations which is passed on from generation to generation and which is conducive towards the development of medicinal research. These forms of medical know-how are multidimensional and are often closely linked to the cultural practices and the national identity of many indigenous populations. The lack of a means of legal protection for this source of knowledge is an issue that touches both upon economic and moral grounds. The industrial exploitation of TMK native to a country may not only undermine that country’s economy and facilitate misappropriation; it may also have a negative impact on matters of national identity. This is an issue of ongoing importance, which has not yet been adequately met. Patents (a significant IP protection in the medical field) have little application to TMK. Trade secrets and geographical indications are other such solutions of limited usefulness in the protection of TMK but have been used in some countries alongside with sui generis systems and customary laws or practices. A possible solution example can be examined at initiatives such as the Traditional Knowledge Digital Library, which aims at documenting traditional medical literature on ancient Indian therapeutic practices. It is necessary that based upon current IP resolution methods a new means of protection is provided for that will enable all nationalities to safeguard their cultural diversity whilst respecting medical knowledge dissemination within the framework of a digital era.

The Legal Framework for the Protection of Geographical Indications in Ethiopia: A Critical Review

2014 ◽  
Vol 58 (2) ◽  
pp. 210-230 ◽  
Author(s):  
Sileshi Bedasie Hirko
Keyword(s):  
Developing Countries ◽  
Critical Review ◽  
Legal Protection ◽  
Legal Framework ◽  
Trips Agreement ◽  
High Time ◽  
Geographical Indications ◽  
Effective Protection ◽  
Important Concern

AbstractThe legal protection of geographical indications (GIs) has become an important concern in both developed and developing countries. In Ethiopia, despite the existence of the need and enormous potential for the protection of GIs, the issue of GIs has not been given due attention. The legal protection of GIs in Ethiopia has not been expressly regulated by any specific legislation. It may arguably be protected under a collective trademark system. However, this system only operates for distinctive GIs. Consequently, most descriptive GIs are not embraced by the system unless the distinctiveness requirement is dispensed with for the registration of GIs as collective trademarks. Moreover, the existing system needs to be redefined in light of the notion of GIs under the TRIPs Agreement. It is therefore high time that an appropriate legal framework be designed to ensure the effective protection and enforcement of GIs in Ethiopia.

scholarly journals Protection of traditional medical knowledge under intellectual property law

2015 ◽  
Author(s):  
Alexandra Alexandrou ◽  
Alkinoos Athanasiou ◽  
Panagiotis D Bamidis
Keyword(s):  
National Identity ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
Cultural Practices ◽  
Negative Impact ◽  
Medical Knowledge ◽  
Legal Protection ◽  
Legal Framework ◽  
Indigenous Populations ◽  
Ip Law

Intellectual Property (IP) Law constitutes the legal framework that ensures the protection of original creations of the mind against their illicit use and misappropriation. Providing the original creator with his rights constitutes a problem in cases such as traditional knowledge and cultural expressions since the rights over a practice cannot be traced back to specific individuals. Traditional Medical Knowledge (TMK) describes the practices and knowledge gained by native indigenous populations which is passed on from generation to generation and which is conducive towards the development of medicinal research. These forms of medical know-how are multidimensional and are often closely linked to the cultural practices and the national identity of many indigenous populations. The lack of a means of legal protection for this source of knowledge is an issue that touches both upon economic and moral grounds. The industrial exploitation of TMK native to a country may not only undermine that country’s economy and facilitate misappropriation; it may also have a negative impact on matters of national identity. This is an issue of ongoing importance, which has not yet been adequately met. Patents (a significant IP protection in the medical field) have little application to TMK. Trade secrets and geographical indications are other such solutions of limited usefulness in the protection of TMK but have been used in some countries alongside with sui generis systems and customary laws or practices. A possible solution example can be examined at initiatives such as the Traditional Knowledge Digital Library, which aims at documenting traditional medical literature on ancient Indian therapeutic practices. It is necessary that based upon current IP resolution methods a new means of protection is provided for that will enable all nationalities to safeguard their cultural diversity whilst respecting medical knowledge dissemination within the framework of a digital era.

Asian Borderlands and the Legal Protection of Traditional Knowledge and Traditional Cultural Expressions

2013 ◽  
Vol 47 (4) ◽  
pp. 1403-1433 ◽  
Author(s):  
CHRISTOPH ANTONS
Keyword(s):  
Intellectual Property ◽  
United Nations ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Legal Protection ◽  
Indigenous Communities ◽  
Cultural Property ◽  
World Intellectual Property Organization ◽  
Convention On Biological Diversity ◽  
Nuanced Understanding

AbstractTraditional knowledge related to biodiversity, agriculture, medicine and artistic expressions has recently attracted much interest amongst policy makers, legal academics and social scientists. Several United Nations organizations, such as the World Intellectual Property Organization (WIPO) and the Convention on Biological Diversity under the United Nations Environmental Programme (UNEP), have been working on international models for the protection of such knowledge held by local and indigenous communities. Relevant national, regional or provincial level legislation comes in the form of intellectual property laws and laws related to health, heritage or environmental protection. In practice, however, it has proven difficult to agree on definitions of the subject matter, to delineate local communities and territories holding the knowledge, and to clearly identify the subjects and beneficiaries of the protection. In fact, claims to ‘cultural property’ and heritage have led to conflicts and tensions between communities, regions and nations. This paper will use Southeast Asian examples and case studies to show the importance of concepts such as Zomia, ‘regions of refuge’ and mandala as well as ‘borderlands’ studies to avoid essentialized notions of communities and cultures in order to develop a nuanced understanding of the difficulties for national and international lawmaking in this field. It will also develop a few suggestions on how conflicts and tensions could be avoided or ameliorated.

scholarly journals Pelindungan Hak Paten atas Pengetahuan Obat Tradisional Melalui Pasal 26 UU No. 13 Tahun 2016 tentang Paten (Protection of Patent Rights on Traditional Medicine Knowledge Through Article 26 of Law No. 13 of 2016 Concerning Patents)

2019 ◽  
Vol 10 (1) ◽  
pp. 49-65
Author(s):  
Trias Palupi Kurnianingrum
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Medicine ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Trips Agreement ◽  
Patent Law ◽  
Benefit Sharing ◽  
Traditional Medicines ◽  
Patent Rights

Patent as a branch of Intellectual Property Rights (IPR) serves to protect inventions on the field of technology, one of them being medicine. The rise on the number of cases on the theft of genetic resources and traditional knowledge on the field of medicine for commercialization purposes shows that the protection of patent rights on traditional medicine knowledge is still not optimal. This article is the result of a normative juridical research which is supported by an empirical data, examines the protection of patent rights on traditional medicine knowledge and the implementation of Article 26 of Law No. 13 of 2016 on Patents (Patent Law year 2016). In the research results, it was mentioned that even though the TRIPs Agreement did not accommodate the traditional knowledge, the presence of Patent Law year 2016 complemented the Indonesian government's efforts to save the knowledge of traditional medicines from biopiracy and misappropriation. It is necessary to regulate the disclosure obligation in TRIPs agreement and further mechanism regarding benefit sharing and granting access to traditional medicines knowledge. AbstrakPaten merupakan salah satu cabang Hak Kekayaan Intelektual yang berfungsi untuk melindungi invensi di bidang teknologi, salah satunya obat-obatan. Maraknya kasus pencurian sumber daya genetik dan pengetahuan tradisional di bidang obat-obatan untuk tujuan komersialisasi menunjukkan bahwa pelindungan hak paten atas pengetahuan obat tradisional masih belum maksimal. Artikel ini merupakan hasil penelitian yuridis normatif yang didukung dengan data empiris, membahas mengenai pelindungan hak paten atas pengetahuan obat tradisional dan implementasi Pasal 26 Undang-Undang Nomor 13 Tahun 2016 tentang Paten (UU Paten 2016). Di dalam hasil penelitian, disebutkan meskipun Perjanjian Trade-Related Aspects of Intellectual Property Rights (TRIPs) belum mengakomodasi pengetahuan tradisional namun hadirnya UU Paten 2016 melengkapi usaha pemerintah Indonesia dalam menyelamatkan pengetahuan obat tradisional dari biopiracy dan misappropriation. Perlu pengaturan kewajiban disclosure di dalam Perjanjian TRIPs dan mekanisme lebih lanjut mengenai benefit sharing dan pemberian akses atas pengetahuan obat tradisional.

scholarly journals Ochrona prawna tradycyjnej wiedzy rolniczej dotyczącej zasobów genetycznych

2020 ◽  
Vol 29 (2) ◽  
pp. 25
Author(s):  
Paweł Gała
Keyword(s):  
Intellectual Property ◽  
Conceptual Framework ◽  
Genetic Resources ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Modern Science ◽  
Legal Protection ◽  
Legal Regulations ◽  
Legal Norms ◽  
Living Organisms

<p>Traditional knowledge, including genetic resources of living organisms, especially plants, plays an extremely important role also in the development of modern science and present-day industry. This prompts us to consider the need, scope, and model of legal protection for such knowledge, both for the needs of the communities that create and cultivate it and for the wider public good. The present article includes an analysis of international legal regulations concerning the protection of traditional knowledge, with particular emphasis on the knowledge related to genetic resources, as well as legal works in this field. The considerations cover issues related to the development of the conceptual framework of such legal norms and the foundations of the legal protection of traditional knowledge, in particular the arguments concerning the need for such protection. The article also presents the basic types of intellectual property rights that can be the basis for legal protection of traditional knowledge.</p>

scholarly journals the Penggunaan Prinsip Konstitutif Pada Merek Dalam Perspektif Teori Pelindungan dan Tujuan Hukum

2021 ◽  
Vol 3 (1) ◽  
pp. 25-54
Author(s):  
Sudjana - Sudjana
Keyword(s):  
Economic Growth ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Secondary Data ◽  
Risk Theory ◽  
Geographical Indications ◽  
Incentive Theory ◽  
Public Benefit ◽  
Protection Theory ◽  
Constitutive Principles

This study discusses the use of constitutive principles (first to file) on brands based on Act No. 20 of 2016 concerning Trademarks and Geographical Indications in the perspective of protection theory and legal purposes. Research methods used: normative juridical approach, by examining library materials or secondary data through primary legal materials (legislation), secondary legal materials (opinions of legal experts), and tertiary legal materials (dictionaries and other sources); descriptive analysis research specifications; and data analysis is done in a qualitative normative manner. The results of the study showed: (1). The theory of protection that is in accordance with the basis for consideration is issued Law No. 20 of 2016 concerning brands in point a is Public Benefit and Economic Growth Stimulus Theory. But in its implementation, it must be supported by other brands of legal protection theory, namely Reward Theory; Recovery Theory; Incentive Theory; and Risk Theory. (2). The use of constitutive principles (first to file) in brands reflects the legal objectives of "certainty" and means of social change but does not pay much attention to aspects of "fairness" and expediency. "

Geographical Indications: Can China Reconcile the Irreconcilable Intellectual Property Issue between EU and US?

2019 ◽  
Vol 19 (3) ◽  
pp. 424-445
Author(s):  
Shujie Feng
Keyword(s):  
Intellectual Property ◽  
New World ◽  
Geographical Origin ◽  
Conflicts Of Interest ◽  
Trips Agreement ◽  
Geographical Indications ◽  
The European Union ◽  
Trademark Law ◽  
The Common ◽  
Intellectual Property Issue

AbstractGeographical indications (GIs), signs used on products that identify their geographical origin and special quality or reputation, are atypical intellectual property. The conflicts of interest between the New World and Old World and the diversity of legal regimes have obstructed the international harmonization of GI protection. Neither the Lisbon Agreement nor the TRIPS Agreement have been able to establish a widely accepted international GI registration or protection system. Though the Geneva Act has remarkably improved the treaty regime of GIs, the different approaches of the European Union and United States still seem irreconcilable. This article examines the Chinese dual GI system from a treaty perspective and explores the common functions of GIs and Trademarks, concluding that China's Trademark Law can ensure GI protection that is compliant with the TRIPS Agreement and the Geneva Act. The Chinese solution can be a reference for other countries which protect GIs with a trademark system.

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