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Ensuring Disclosure of Origin of Genetic Resources in Patent Applications: Indonesia’s efforts to Combat Biopiracy

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Title Statement Ensuring Disclosure of Origin of Genetic Resources in Patent Applications: Indonesia’s efforts to Combat Biopiracy
 
Added Entry - Uncontrolled Name rahmah, mas -; Faculty of Law, Universitas Airlangga
 
Uncontrolled Index Term 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
 
Summary, etc. 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.
 
Publication, Distribution, Etc. Journal of Intellectual Property Rights (JIPR)
2022-08-03 13:00:50
 
Electronic Location and Access application/pdf
http://op.niscair.res.in/index.php/JIPR/article/view/21382
 
Data Source Entry Journal of Intellectual Property Rights (JIPR); ##issue.vol## 25, ##issue.no## 1-2 (2020): Journal of Intellectual Property Rights
 
Language Note en