The Principles of Traditional Knowledge Protection in the Perspective of Indonesian National Law

Usmina Wijaya, Andy (2021) The Principles of Traditional Knowledge Protection in the Perspective of Indonesian National Law. Doctoral thesis, Universitas 17Agustus 1945 Surabaya.

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Abstract

Indonesia has a wealth of culture, both historical heritage and traditional knowledge with enormous potential to produce various kinds of works and traditions from all regions of Indonesia. However, the indigenous people as the owner of this traditional knowledge still do not receive protection when foreigners use it without permission and / or acknowledge it as their property. Until now, the intellectual property regime has not been able to provide protection because there are differences in the concept of protection. The Indonesian state also does not yet have laws and regulations that specifically regulate and protect traditional knowledge of these indigenous peoples. This dissertation research uses a statutory approach, conceptual approach, a comparative approach and a philosophical approach. The result of this dissertation research is that the concept of traditional knowledge that is owned or controlled and used by a certain community, community or ethnic group that is hereditary and continues to develop in accordance with environmental changes is part of the intellectual property rights regime. The ownership of traditional knowledge that is collective communal is different from other intellectual property rights regimes which are more individualistic. Legal protection that can be applied to traditional knowledge is rooted in the recognition and protection of human dignity and origin from Pancasila and the principles of the rule of law by means of preventive and repressive legal protection. Keywords: Traditional knowledge, intellectual property rights, legal protection

Item Type: Thesis (Doctoral)
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Doktor Ilmu Hukum
Depositing User: Andy Usmina Wijaya
Date Deposited: 31 Mar 2021 11:43
Last Modified: 31 Mar 2021 11:43
URI: http://repository.untag-sby.ac.id/id/eprint/8736

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