In addition, according to Professor Hawin, many parties propose improvements in the article. Efforts must be made to protect traditional knowledge and achieve consistency among participating countries in the implementation of the provisions of the article. Improvements have been made to make the rule mandatory for all WTO members, but nevertheless by maintaining the exceptions mentioned in it. “There is an injury, but in fact, if we read with letterlijk ya hurt. But we have other policies that have been in the national interest and in the area of TRIPS for so long. Especially for public health, it is so much in the article “, said Dede at the meeting in the building DJKI Kemenkumham, Jakarta, Tuesday (6/2). (Read also: The Patent Director says that a spirit of nationalism is at the origin of Article 20 of the Patent Act). (d) international IP protection agreements that came into force prior to the ENTRY into force of the WTO agreement, provided that these agreements are notified to the TRIPS Council and do not constitute arbitrary or unjustified discrimination against nationals of other members. The obligations under Articles 3 and 4 do not apply to procedures under WIPO-led multilateral agreements on the acquisition or maintenance of intellectual property rights. There is indeed a clause in the TRIPS agreement that deals with traditional knowledge.
Article 27, paragraph 3, point b) of the treaty allows WTO member states to exclude themselves from patents. However, this provision is very weak when verified by its protection against traditional knowledge, as it uses the word “can.” These conditions give participating countries the freedom to exclude them or not. 1. As countries that have ratified the Paris Convention for the Protection of The Indeterminate or the Paris Convention (Presidential Decree No. 15 of 1997), Indonesia is obliged to grant legal protection to the citizens of the members of the Paris Convention. A form of legal protection under the Paris Convention is the right of priority. The right of priority is the right of the applicant to obtain recognition from a country registered in the Paris Convention or the WTO that the date of admission to the country of origin is a priority in the destination country, which is also a member of one of the two agreements, provided that the submission is made within a specified period after the transit of Paris. The right of priority to a patent application is 12 months at the latest from the date of receipt of the patent application in a member state of the Paris Convention or the WTO (Article 27, paragraph 1, No. 14 of 2001).
4. If the patent is the registered country of origin and also in Indonesia, the use of the patent by another party must go through a licensing agreement. If the patent holder does not obtain a licence, the use of the patent is considered illegal (Article 16 J, Section 130 of the Patent Act). (a) arising from international agreements on mutual legal assistance or general criminal prosecutions and which are not particularly limited to the protection of intellectual property; The TRIPS Agreement is an international treaty on aspects of intellectual property rights. This agreement was ratified by the Indonesian government by Law 7 of 1994. The law is called the Law on the Ratification of the World Trade Organization Agreement, which contains the TRIPS Agreement.