Journal of Intellectual Property Rights

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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