Safeguarding Heritage: Preserving Traditional Knowledge in Global Patent Law
Journal Title: International Journal of Current Science Research and Review - Year 2024, Vol 7, Issue 06
Abstract
The present study investigates the defensive safeguarding of traditional knowledge within the framework of international patent law. The chosen research methodology is evaluative, employing secondary data sources. The primary emphasis of this study is on primary and secondary legal materials. The process of data analysis involves the utilisation of qualitative juridical analysis techniques. The findings suggest that traditional knowledge has distinct attributes intricately linked to traditional communal elements and spans diverse areas of human existence. The safeguarding of traditional knowledge is paramount to uphold principles of fairness, environmental preservation, cultural heritage, prevention of misappropriation, and the advancement of sustainable utilisation. In international patent law, there is a notable incongruity between traditional knowledge and patent systems that prioritise human ingenuity and originality. The efficacy of patent systems in protecting traditional information is limited by the inherent characteristics of traditional knowledge, which is often collective and transmitted orally. The safeguarding of traditional knowledge necessitates a harmonious integration of both legal and practical dimensions. These endeavours encompass the acknowledgement of pre-existing knowledge and inventions, the creation of organisations to oversee safeguarding, and the implementation of pragmatic strategies to guarantee availability and equitable utilisation. The ability to patent novel discoveries derived from traditional knowledge is possible; nevertheless, conflicts often occur due to disparities between patent regimes and the inherent characteristics of traditional knowledge. In the present situation, it is imperative to adopt a comprehensive and equitable strategy to safeguard traditional knowledge’s long-term viability within the intellectual property framework.
Authors and Affiliations
Muhamad Sigit Al Furqon,
Keywords
Related Articles
- EP ID EP736213
- DOI 10.47191/ijcsrr/V7-i6-05
- Views 58
- Downloads 0
Project Financing Strategy in the Oil and Gas Downstream Industry (Case Study: The Integrated Oil Refinery and Petrochemical Plant Project at PT ABC)
The global oil refinery industry faces challenges such as crude oil price volatility, environmental awareness, and renewable energy trends. Indonesia’s oil consumption is increasing, reaching 1580 million bpd in 2022, bu...
Implementation Strategy “3R CIRCULAR ECONOMY” To Achieve SDG Target 11.6 “Municipal Waste Management” In Cipaganti Village, Bandung City (Study at the Cihampelas Mandiri Unit Garbage Bank)
Good municipal waste management is very important for a sustainable urban order. Good municipal waste management can reduce negative impacts on the environment, public health and natural resources. The application of a G...
Directive Speech Act used in WA (WhatsApp) Messenger in Academic Discourse
This research studies about directive speech act in WhatsApp (WA) messengers. The objectives of the research is to describe the type of directive speech act. This research is descriptive qualitative research. The subject...
Do Ease of Use and Risk Perception Influence the Intention to Use GoPay Later?
GoPay Later as an Indonesian online payment method in the form of credits that have been licensed and supervised by the Indonesian Financial Service Authority (OJK) that can make transactions easier. However, it is not u...
Analysis and Prediction of Bollinger Bands to Predict Stock Prices in Determining Investment Strategies
It is critical for stock investors to be able to forecast future stock values in order to determine potential gains or losses. A technical analysis approach can be used to anticipate stock prices in the realm of stock in...