Summary report of the Roundtable Discussion II:

The Legal Protection Mechanism for Indigenous Knowledge in Indonesia

(Organized by the Indonesian Resource Center for Indigenous Knowledge (INRIK) of Padjadjaran University in cooperation with

the Indonesian Technological Study and Application Agency (BPPT))

On September 17, 2002 the Indonesian Resource Center for Indigenous Knowledge (INRIK) of Padjadjaran University held the Roundtable Discussion II with the topic of the legal protection mechanism for indigenous knowledge in Indonesia. The discussion was held at the Padjadjaran University campus, Bandung, in cooperation with the Indonesian Technological Study and Application Agency (BPPT).

Prior to the Roundtable Discussion II, INRIK and BPPT have also held the Roundtable Discussion I, which discussed the concept of indigenous, local, and traditional in Indonesia. The Roundtable Discussion I affirmed the urgency of the legal protection mechanism for indigenous knowledge in Indonesia, and it was expected that the next roundtable discussion focusing on that issue would be held soon.

The Roundtable Discussion II was triggered by a paper presented by Ahmad Gusman Catur Siswandi—lecturer at the Department of International Law Padjadjaran University Law School—entitled “The Legal Protection of Indigenous Knowledge in the realm of Intellectual Property Rights”. Siswandi’s paper covered several issues pertaining to the urgency of the legal protection of traditional knowledge, the Trade-related Aspects of Intellectual Property Rights (TRIPs) Agreement vis-à-vis Traditional Knowledge, and Indonesia’s current position with regard to the issue.

There were approximately 45 participants attended the discussion coming from various backgrounds, comprising the Ministry of Science and Technology, the Ministry of Environment, the Ministry of Health, academe, non-governmental organizations, lawyers, and the representative of the indigenous community. The discussion recommended the following:

1. The regime of Intellectual Property Rights, including, inter alia, copyright, patent, trademarks, and trade secrets, have not yet effectively accommodated the legal protection towards indigenous knowledge, particularly in Indonesia. The regime of IPRs indeed cut across the issues pertaining to indigenous knowledge, but on the other hand there are also many inconsistencies between the two. Therefore, a special mechanism in preventing unlawful exploration and exploitation of indigenous knowledge, or as known as the sui generis system, is needed.
2. Apart from the legal mechanism, the socio-cultural mechanism in protecting traditional knowledge in Indonesia should be promoted as well. In this regard, the community itself should protect their knowledge within the ambit of their own system and values. However, the legal protection mechanism is still needed to advocate the socio-cultural mechanism, as through this mechanism the government shall have the authority to protect its cultural assets against unlawful exploration and exploitation as well as to impose any sanction if necessary.
3. No matter what kind of efforts taken to protect the indigenous knowledge in Indonesia, one should always take the concerns of the community into account. Hence, any mechanism to protect the indigenous knowledge that will be implemented will not cause any cultural harm, which even more detrimental than the unlawful exploitation and exploration of the indigenous knowledge itself. Consequently, concerted efforts and effective cooperation that involve the government, academe, non-governmental institutions, stakeholders, and the representatives of indigenous community are truly indispensable in this case.
4. Being aware that there have been quite many seminars, workshops, and discussions concerning the protection of indigenous knowledge, yet no tangible measures and concrete steps have been taken, the participants feel the necessity to arrange the next roundtable discussion that shall be focused more on the formulation of an integrated policy concerning the legal protection of traditional knowledge in Indonesia.

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