Indonesia’s cultural diversity has resulted in a lot of traditional knowledge and many forms of cultural expression. Unfortunately, a lack of legal protection for traditional knowledge makes it vulnerable to piracy. Law No.19 of 2002 on Copyrights (“Copyright Law”) states that folklore—one form of traditional knowledge—is protected by the government. However, the Copyright Law does not include more specific provisions to protect traditional knowledge.

Furthermore, the Indonesian intellectual property rights (IPR) system does not provide any protection for folklore or other types oftraditional knowledge or traditional cultural expression. Traditional housemaking, traditional foods, and other native knowledge of  are susceptible to piracy by other parties.

FX Suyud Margono asserted the importance of addressing this loophole when defending his doctoral dissertation at Universitas Parahyangan, Bandung, Saturday (21/1). “The absence of regulatory or institutional protection makes it easy for others to claim traditional knowledge; in addition, traditional knowledge has commercial value,” he explained.

He further explained that IPR is based on an individualistic paradigm. For example, copyrights and patents are awarded to a person or legal entity. TRIPs (Trade-related Aspects of Intellectual Property Rights) reflect this type of individualistic approach. TRIPs was created by developed countries, and does not recognize communal ownership.

On the other hand, traditional knowledge is communal, and a community often owns certain technology or art. Nevertheless, traditional knowledge is becoming a new emerging issue, and gaining international support from many developing countries in the World Intellectual Property Organization (WIPO).

Eddy Damian, a member of the panel of expert examiners, asked about implementing procedures to protect traditional knowledge in the IPR system. “How has this actually been implemented in the IPR system ?” he asked.

In response, Suyud emphasized that Indonesia already has a draft bill on Traditional Knowledge and Cultural Expressions. “The draft bill is a temporary form of protection for traditional knowledge and cultural expression. It also employs the collective principle, which is unique to Indonesia,”he asserted.

Article 1 (1) and (2) of the draft bill explains that traditional knowledge is a technological form of intellectual creation, while cultural expressions are considered to be an art form.

According to Suyud, the draft bill could be an initial step toward developing traditional knowledge and cultural expressions as commercial products. For example, traditional medicine and foods can boost the Indonesian economy.

(Pirhot Nababan / Mahinda Arkyasa)