International Legal Framework for Traditional Knowledge and Intellectual Property Rights
Author (s): Dina Haryati Sukardi, Tahura Malagano, Muhadi Muhadi, Aqilla Dwi Maharani, Yonnawati Yonnawati
Institution: Universitas Mitra Indonesia, Indonesia
Category: Article, IJMMU, International, Traditional
Topics: Traditional Knowledge; International Legal Framework; Intellectual Property Rights
Abstract: Traditional knowledge held by indigenous and local communities has important cultural and ecological value. International legal frameworks have been developed to protect and manage this knowledge in a fair and sustainable manner. Legal instruments such as the Convention on Biological Diversity (CBD) and the Nagoya Protocol regulate access to genetic resources and promote the equitable sharing of benefits among communities holding traditional knowledge. However, implementation at the national level is faced with challenges such as harmonization with complex national laws and limited resources. Case studies demonstrate the various strategies used by countries to improve legal protection, including strengthening national legal frameworks and active participation of indigenous communities in decision-making. With joint efforts, it is hoped that this legal framework will ensure that traditional knowledge is well preserved for future generations, while providing equitable benefits to the communities that own it.
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