Journal of Intellectual Property Rights

Mas Rahmah ¹

Affiliations
1 Department of Private Law, Airlangga University, Surabaya, ID

Abstract

Indonesia has a lot of agricultural products with unique quality and special characteristic associated with geographical factors such as Toraja Coffee, Alor Vanili, Banda Nutmeg, Java Tea, Deli Tobacco, Cianjur Rise etc. This paper argues that GI protection may contribute to agricultural product diversities and productivity by enhancing production, processing and developing of unique local, niche and special agricultural products. By qualifying intangible assets that are difficult to transfer to other territories, GIs can be conceptually understood as a catalyst and counter point to dynamics of the local agriculture development in Indonesia. GI strategy becomes a tool to ensure the development of agriculture in Indonesia by increasing productivity, creating employment, increasing the incomes of farmers and producers, adding economic value to products, increasing the diversity of supply products, improving the exports of GI products and contributing to GDP, enhancing agriculture investment, etc.

Keywords

Geographical Indication, Green Revolution, TRIPS, Indonesian Trademark Law, National Medium-Term Development Plan, Agricultural and Rural Development Strategy 2020, Indonesian Food Law 2012, SME, Agricultural Products, Food Security.

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Mas Rahmah ¹, Nurul Barizah ¹, Sam Blay ²

Affiliations
1 Department of Private Law, Universitas Airlangga, Surabaya, ID
2 Department of Indonesian Studies, The University of Sydney, Sydney, AU

Abstract

As a country of mega biodiversity, Indonesia is also vulnerable to biopiracy target. To prevent biopiracy, it is crucial to protect the country’s genetic resources. In order to protect genetic resources and to prevent biopiracy, Indonesia has included the requirement of Disclosure of Origin (DO) in The Indonesian Patents Act, 2016 by imposing patent applicants to disclose the origins of genetic resources in Patent application. This paper critically analyses the Patents Act to highlight key issues that undermine the country’s efforts to combat biopiracy. The principal findings are that there are significant problems with implementing DO provisions of the Act in the fight against bio piracy. The effectiveness of the legislation remains questionable and some important sections of the Act lack clarity. The purported regulatory framework under the Act to enforce DO and to help deal with biopiracy is ill defined and human resources are inadequate. The paper concludes that to combat biopiracy effectively Indonesia needs to review its legislative and institutional framework on DO and consider establishing a National Anti-Biopiracy Commission.

Keywords

Patents, Disclosure of Origin, Trade Related Aspects of Intellectual Property Rights, The Indonesian Patents Act, 2016, Indonesian Economy, Biodiversity, UPOV Convention, 1991, Indonesian Plant Variety Protection Act, 2000, Convention on Biological Diversity, genetic resources, biopiracy, UPOV Convention 1991, National Anti Biopiracy Commission of Peru.

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