TISNI SANTIKA, NPM. 138040039_HK. EKONOMI (2016) PERLINDUNGAN SUMBER DAYA GENETIK DAN PENGETAHUAN TRADISIONAL SEBAGAI PERWUJUDAN KEDAULATAN NEGARA DALAM PEMBANGUNAN HUKUM KEKAYAAN INTELEKTUAL NASIONAL PASCA TRIPs. Thesis(S2) thesis, UNPAS.
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Abstract
Indonesia is a mega - biodiversity country with genetic resources richness and most of the times are associated with traditional knowledge. The loss of biodiversity and commercialization of genetic resources and associated traditional knowledge have been causing great concern, especially when Intellectual Property Rights are applied to claim monopoly. The conquest for a intersection between Indonesia’s international obligation as WTO state member and TRIPs parties and the national interest regarding the souvereignity has become a high level urgency to set up a fair and equitable protection between two important issues : Traditional Knowledge and Intellectual Property. Internationally, Genetic Resources and Traditional Knowledge issues have been a tension between the predominantly northen hemisphere, industrialized nations and the predominantly southern hemisphere, financially poorer but biologically diverse nations. Developed countries for centuries have been exploited the Genetic Resources and Traditional Knowledge of developing countries through Bioprospecting for financial reward and excessive monopoly rights and in the process have caused significant destruction, in return such patented products arising from bioprospecting have been sold back to the developing countries at unaffordable prices. Genetic Resources and Traditional Knowledge do not fit with conventional Intellectual Property regime under TRIPs, as it is a communal collective rights rather than private individual rights, therefore sui generis system with custodianship based on national souvereignity is far more appropriate system to protect Genetic Resources and Traditional Knowledge. This system mainly depends on the synergy between government action and community participation and they are entitled to participate at all levels of decision making concerning the use and exploitation of Genetic Resources and Traditional Knowledge. In international scope, the cooperation and reciprocity of good faith are fundamental in providing a certainty that the use and exploitation of Genetic Resources and Traditional Knowledge are conduct with prior informed consent, fair and equitable benefit sharing and disclosure of origin in a mutually agreed terms. Key words : Genetic Resources, Traditional Knowledge, Intellectual Property Rights, National Souveregnity, Mutually Agreed Terms.
| Item Type: | Thesis (Thesis(S2)) |
|---|---|
| Subjects: | RESEARCH REPORT |
| Divisions: | Pascasarjana > S2-Ilmu Hukum 2016 |
| Depositing User: | asep suryana |
| Date Deposited: | 04 Nov 2016 17:28 |
| Last Modified: | 04 Nov 2016 17:28 |
| URI: | http://repository.unpas.ac.id/id/eprint/14002 |
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