The Trade Related aspects of Intellectual Property Rights (TRIPs) is one of the World Trade Organisation (WTO) Agreements. After the Agreement was finally agreed in 1994, there has been an expansion of issues in the TRIPs negotiation. After the Uruguay round, the TRIPs negotiation has developed to cover some additional issues including the expansion of geographical indications other than wines and spirits, harmonisation between Convention on Biological Diversity (CBD) and the TRIPs Agreement, protection of the traditional knowledge (TK), Traditional Cultural Expression (TCE), and biological resources. These new issues mainly represent the interest of developing countries. The development of TRIPS negotiation post Uruguay Round, therefore, indicates the increase of the developing countries’ role in pursuing their interest.
This research aims to analyse Indonesia’s position in the current TRIPs negotiations, particularly related to the protection of TK, TCE, biological resources and the harmonisation of TRIPs with CBD. In doing so, the analysis based on International Relations theories will be equipped and enriched with legal aspect particularly in explaining traditional knowledge protection strategy in national law. The findings show that Indonesia, along with other developing countries, demand the amendment of the TRIPs Agreement, to include the protection of traditional knowledge and to acknowledge a clear relation between TRIPs and CBD. Nevertheless, Indonesia’s position in the current TRIPs negotiations at the WTO is not always compatible with the interest of Indonesia’s traditional society. By demanding the protection of TK, TCE, and biological resources under the TRIPs framework, it can be argued that Indonesia and most developing countries put more emphasis on the economic aspect of the protection of these sources. A deeper examination exhibits that the main interest of Indonesia’s traditional society is to maintain the sustainability of TK, TCE, and biological resources over their economic aspects.
Authors: Poppy S. Winanti, Fadhilatul Hikmah, Annisa Paramita, Tody Sasmitha Jiwa Utama
Collation: xi + 67 p