Sui generis system: GI protection for the herbal product in Indonesia as communal property right

Geographical Indications in Indonesia are also one of the communal property rights regulated in the TRIPs Agreement in addition to communal rights regulated in the Indonesian legal system such as genetic resources, traditional knowledge, and traditional cultural expressions. This is by the provision...

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Main Authors: Fenny Wulandari, Eman Suparman, Miranda Risang Ayu Palar, Muhamad Amirulloh
Format: Article
Language:English
Published: Taylor & Francis Group 2023-12-01
Series:Cogent Social Sciences
Subjects:
Online Access:https://www.tandfonline.com/doi/10.1080/23311886.2023.2176989
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author Fenny Wulandari
Eman Suparman
Miranda Risang Ayu Palar
Muhamad Amirulloh
author_facet Fenny Wulandari
Eman Suparman
Miranda Risang Ayu Palar
Muhamad Amirulloh
author_sort Fenny Wulandari
collection DOAJ
description Geographical Indications in Indonesia are also one of the communal property rights regulated in the TRIPs Agreement in addition to communal rights regulated in the Indonesian legal system such as genetic resources, traditional knowledge, and traditional cultural expressions. This is by the provisions that can be categorized as geographical indication applicants, namely institutions that represent communities in certain geographical areas that cultivate goods and/or products from natural resources, handicrafts, and industrial products. Provincial or district/city governments can also be applicants for Geographical Indications. Herbal products are one of the commodities that have the potential to be protected through the Geographical Indication system in Indonesia, not only because of the geographical conditions and tropical climate that enrich the natural resources of herbal products but also because traditional knowledge about herbal products has been used for generations since their ancestors. The Indonesian people already have knowledge of ethnomedicine which is used by various ethnic groups that are spread across tribes in various regions in Indonesia. This extraordinary potential is essentially an asset of the nation or state that must be protected and preserved for its existence and development so that it can be of positive benefit to the community. Especially with the COVID-19 pandemic, which cannot be determined with certainty, the diagnosis and treatment of it, and some recent findings on children suffering from acute kidney failure due to prolonged consumption of chemical drug products.
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spelling doaj.art-aa8f48077ec4408985fbeb1bacb818682024-07-03T09:55:02ZengTaylor & Francis GroupCogent Social Sciences2331-18862023-12-019110.1080/23311886.2023.2176989Sui generis system: GI protection for the herbal product in Indonesia as communal property rightFenny Wulandari0Eman Suparman1Miranda Risang Ayu Palar2Muhamad Amirulloh3Faculty of Law, Universitas Padjadjaran, Bandung City, IndonesiaFaculty of Law, Universitas Padjadjaran, Bandung City, IndonesiaFaculty of Law, Universitas Padjadjaran, Bandung City, IndonesiaFaculty of Law, Universitas Padjadjaran, Bandung City, IndonesiaGeographical Indications in Indonesia are also one of the communal property rights regulated in the TRIPs Agreement in addition to communal rights regulated in the Indonesian legal system such as genetic resources, traditional knowledge, and traditional cultural expressions. This is by the provisions that can be categorized as geographical indication applicants, namely institutions that represent communities in certain geographical areas that cultivate goods and/or products from natural resources, handicrafts, and industrial products. Provincial or district/city governments can also be applicants for Geographical Indications. Herbal products are one of the commodities that have the potential to be protected through the Geographical Indication system in Indonesia, not only because of the geographical conditions and tropical climate that enrich the natural resources of herbal products but also because traditional knowledge about herbal products has been used for generations since their ancestors. The Indonesian people already have knowledge of ethnomedicine which is used by various ethnic groups that are spread across tribes in various regions in Indonesia. This extraordinary potential is essentially an asset of the nation or state that must be protected and preserved for its existence and development so that it can be of positive benefit to the community. Especially with the COVID-19 pandemic, which cannot be determined with certainty, the diagnosis and treatment of it, and some recent findings on children suffering from acute kidney failure due to prolonged consumption of chemical drug products.https://www.tandfonline.com/doi/10.1080/23311886.2023.2176989sui generisgeographical indicationintellectual property rightcommunal
spellingShingle Fenny Wulandari
Eman Suparman
Miranda Risang Ayu Palar
Muhamad Amirulloh
Sui generis system: GI protection for the herbal product in Indonesia as communal property right
Cogent Social Sciences
sui generis
geographical indication
intellectual property right
communal
title Sui generis system: GI protection for the herbal product in Indonesia as communal property right
title_full Sui generis system: GI protection for the herbal product in Indonesia as communal property right
title_fullStr Sui generis system: GI protection for the herbal product in Indonesia as communal property right
title_full_unstemmed Sui generis system: GI protection for the herbal product in Indonesia as communal property right
title_short Sui generis system: GI protection for the herbal product in Indonesia as communal property right
title_sort sui generis system gi protection for the herbal product in indonesia as communal property right
topic sui generis
geographical indication
intellectual property right
communal
url https://www.tandfonline.com/doi/10.1080/23311886.2023.2176989
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