Indonesia’s Marine and Fishery Genetic Resource Conservation by Means of Intellectual Property

Abstract

The Law of Indonesia No. 17/2007 on the Indonesia Long-Term Development Plan 2005-2025 represents the growth of maritime areas as a development direction. This article analyses the legislation surrounding marine and fishery genetic resources as well as traditional knowledge (GRTK) from the standpoint of intellectual property value. Using an empirical normative method, this article assesses a qualitative result based on the elaboration of library and field research. The findings of this article revealed that a variety of laws have been introduced to explain how far the marine and fishery GRTK have been preserved over time. Among the regulations are: Minister of Environment Regulation Number P.2 2018, The Law of Indonesia No.5/1990 on the Conservation of Natural Resources and Ecosystems; The Law of Indonesia No.11/2013 on the Ratification of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to The Convention on Biological Diversity; The Law of Indonesia No.11/2013 on the Ratification of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits However, there is no completely overseen protection of Indonesia's GRTK (in sui generis) because the Intellectual Property Regime is based on industrialized country enforcement, which does not acknowledge the existence of communal property rights.