Articles

Safeguarding Heritage: Preserving Traditional Knowledge in Global Patent Law

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The present study investigates the defensive safeguarding of traditional knowledge within the framework of international patent law. The chosen research methodology is evaluative, employing secondary data sources. The primary emphasis of this study is on primary and secondary legal materials. The process of data analysis involves the utilisation of qualitative juridical analysis techniques. The findings suggest that traditional knowledge has distinct attributes intricately linked to traditional communal elements and spans diverse areas of human existence. The safeguarding of traditional knowledge is paramount to uphold principles of fairness, environmental preservation, cultural heritage, prevention of misappropriation, and the advancement of sustainable utilisation. In international patent law, there is a notable incongruity between traditional knowledge and patent systems that prioritise human ingenuity and originality. The efficacy of patent systems in protecting traditional information is limited by the inherent characteristics of traditional knowledge, which is often collective and transmitted orally. The safeguarding of traditional knowledge necessitates a harmonious integration of both legal and practical dimensions. These endeavours encompass the acknowledgement of pre-existing knowledge and inventions, the creation of organisations to oversee safeguarding, and the implementation of pragmatic strategies to guarantee availability and equitable utilisation. The ability to patent novel discoveries derived from traditional knowledge is possible; nevertheless, conflicts often occur due to disparities between patent regimes and the inherent characteristics of traditional knowledge. In the present situation, it is imperative to adopt a comprehensive and equitable strategy to safeguard traditional knowledge’s long-term viability within the intellectual property framework.

Safeguarding Intellectual Property in the Post-Cultural Advancement Law Era in Indonesia: Preserving Traditional Knowledge

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Traditional Knowledge, as a product of the interplay between ecological, social, and cultural factors, embodies the insights acquired by communities in understanding the demands of nature. Embedded in intellectual activities shaped by a nation’s thoughts, ideas, and creations, Traditional Knowledge necessitates legal protection and certainty of ownership by the state due to its significant value, categorizing it as a national asset. This protection is often sought through laws like the Cultural Advancement Law, primarily designed to uphold the nation’s interests. This research aims to analyze the role of the Cultural Advancement Law in safeguarding Traditional Knowledge in Indonesia and identify the challenges faced by this legal framework in providing protection. Employing a normative approach through a literature review, the study reveals the pivotal role of the Cultural Advancement Law in developing, utilizing, advancing, preserving, and safeguarding Traditional Knowledge. However, its enforcement faces obstacles due to the ongoing debate surrounding the impact of traditional Knowledge on the economy and society.