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Analyzing Indonesia's role in establishing international legal instruments relating to the protection of genetic resources, traditional knowledge and traditional cultural expressions

Indonesia is a country rich in diversity and abundant resources. Every region in Indonesia has cultural properties containing moral, wisdom, cultural, and spiritual values. These cultural properties are also known as Genetic Resources, Traditional Knowledge, and Traditional Cultural Expressions (GRTKTCE). Due to its high moral values and great potential to contribute to the national economy, the protection of GRTKTCE shall be considered highly important. It is especially considering the legal uncertainty in the past that has caused some of Indonesia's GRTKTCE to be unilaterally claimed by other countries, even having their intellectual property rights (IPR) registered. In the past years, the Ministry of Foreign Affairs (MoFA) has taken the lead through a multilateral diplomacy approach to establish the international legal text to provide broad and definite protection of GRTKTCE. However, until the present day, there are ongoing debates between pro-protection countries and counter- protection countries on how to protect GRTKTCE. The basis of the debates that occur is the disparity of interests between both sides.

This paper will analyze possible approaches for Indonesia to protect GRTKTCE at the international level. Therefore, it is essential to calculate the pros and cons of GRTKTCE protection under the different legal systems. In this case, the desired sui generis legal system and the existing intellectual property (IP) system. This paper will also evaluate and delve into previous Indonesian diplomatic approaches to develop a better strategy.

Ketersediaan
2021-0221Sekdilu 42-2021Training Materials RepositoryTersedia
Informasi Detail
Judul Seri
-
No. Panggil
Sekdilu 42-2021
Penerbit
Jakarta : Kementerian Luar Negeri.,
Deskripsi Fisik
Digital File
Bahasa
English
ISBN/ISSN
-
Klasifikasi
NONE
Tipe Isi
text
Tipe Media
computer
Tipe Pembawa
online resource
Edisi
-
Subjek
-
Info Detail Spesifik
-
Pernyataan Tanggungjawab
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