THE FULFILLMENT OF ECONOMIC AND MORAL RIGHTS OF INDIGENOUS PEOPLES ON TRADITIONAL KNOWLEDGE AND TRADITIONAL CULTURAL EXPRESSIONS THROUGH INDONESIA'S TPR's SYSTEM

• Main Author: Dwi Martini
• Format: Article
• Language: English
• Published: Magister Ilmu Hukum Universitas Mataram 2014-12-01
• Series: Jurnal IUS
• Online Access: http://jurnalius.ac.id/ojs/index.php/jurnalIUS/article/view/181

Economy and moral rights are the part of basic human rights entitled to the proprietor of the<br />intellectual property that must be full filed by the state, to meet the requirements of Constitution.<br />Similar treatment must be provided by the state to economic and moral rights of indigenous<br />peoples on their own Intellectual Property, in the form of Traditional Knowledge and Traditional<br />Cultural expressions as described in Article 18 b of the Constitution of 1945 “The state recognizes<br />and respects the customary law community units including their traditional rights as long as it<br />exists and in accordance to society development and principles of Unitary State of The Republic<br />of Indonesia, as stated by the Law.”. Fulfilment of these rights through modern TRIPs-WTO<br />IPRs regime brings about legal problems, considering their different character, where individual<br />and commercial character of modern IPRs contradicts the communal and non-commercial<br />character of Traditional Knowledge and Traditional Cultural Expression. On the other hand,<br />to get modern IPRs protection, Traditional Knowledge and Traditional Cultural Expression<br />must meet particular conditions such as originality/ novelty, inventive step and applicable to<br />industry which indeed unable to fill due to its anonymous inventor, developed and bequeathed<br />from generation to generation and is not intended specifically for industrial/commercial purpose.<br />Keywords: Rights, Indigenous Peoples