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All Journal Jurnal Media Hukum Jurnal Hukum IUS QUIA IUSTUM Indian Journal of Forensic Medicine & Toxicology Indonesian Journal of International Law Yuridika Indonesia Law Review (ILREV)
Nurul Barizah
Faculty Of Law, Universitas Airlangga, Surabaya, Indonesia
Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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STATE OBLIGATION ON VIRUS SAMPLE SHARING;FROM COMMON HERITAGE OF MANKIND TO STATE’S SOVEREIGN RIGHT Barizah, Nurul
Jurnal Media Hukum Vol 20, No 2 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The tradition of free international exchange of viruses have been developed by the World Health Organization (WHO) probably based on the principle of “Common Heritage of Mankind”.  This tradition lead to legal uncertainty and unfairness in the movement of resources among states and provides an opportunity for developed countries to obtain easy access to viruses of developing countries. Then, International Law has introduced a new regime of “State’s Sovereign Right.” This research focuses on whether Member States have an obligation to share pathogen materials, including viruses for preventing global public health emergency, and whether WHO Collaborating Centers has a right to  share viruses to private sectors. It examines the reason why States should apply that principle. This research is normative legal research by using conceptual approach and  statute approach. This research finds that viruses are part of genetic resources under the meaning of CBD Convention. Accordingly, there is no state obligation under International Law to share it. However, if there is an international human rights obligation to share virus, there should also be an international human rights obligation to assure the access of affordability of drugs and vaccines. Thus, each state will have an equal obligation to enhance the global public health.Key Words : Intellectual Property, Virus Sample Sharing, Common Heritage of Mankind, and State’s Sovereign Right
INTERNATIONAL COPYRIGHT TREATIES AND ITS IMPLEMENTATION UNDER INDONESIAN COPYRIGHT ACT; IS IT A BETTER ACCESS TO KNOWLEDGE? Barizah, Nurul
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (288.247 KB)

Abstract

The Indonesian Government has enacted a new Copyright Act in 2014 on the basis that Copyright protection plays a strategic role for economic development and people’s prosperity. This new Act provides a higher standard of protection and ensures more legal certainty to copyrights holders. It is not only expands the scope of protection, duration, but also provides better economic rights to the right holder. This Article analyses Indonesia’s obligation under international treaties and whether Indonesia takes full advantages of all the flexibilities available under those treaties to enhance access to knowledge particularly for educational materials. It also analyses substantial provisions of the new Copyright Act in the context of scope, duration, limitations, and its exceptions. This Article argues that strongest protection of copyright is far beyond what is required by the international copyright treaties which Indonesia has acceded to them. This Article also argues that all available limitations and exceptions provided by the treaties that would have opened up access to knowledge has not all incorporated into the new Act. Accordingly, this Act has a potential to inhibit access to knowledge.
STATE OBLIGATION ON VIRUS SAMPLE SHARING;FROM COMMON HERITAGE OF MANKIND TO STATE’S SOVEREIGN RIGHT Barizah, Nurul
Jurnal Media Hukum Vol 20, No 2 (2013)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v20i2.263

Abstract

The tradition of free international exchange of viruses have been developed by the World Health Organization (WHO) probably based on the principle of “Common Heritage of Mankind”.  This tradition lead to legal uncertainty and unfairness in the movement of resources among states and provides an opportunity for developed countries to obtain easy access to viruses of developing countries. Then, International Law has introduced a new regime of “State’s Sovereign Right.” This research focuses on whether Member States have an obligation to share pathogen materials, including viruses for preventing global public health emergency, and whether WHO Collaborating Centers has a right to  share viruses to private sectors. It examines the reason why States should apply that principle. This research is normative legal research by using conceptual approach and  statute approach. This research finds that viruses are part of genetic resources under the meaning of CBD Convention. Accordingly, there is no state obligation under International Law to share it. However, if there is an international human rights obligation to share virus, there should also be an international human rights obligation to assure the access of affordability of drugs and vaccines. Thus, each state will have an equal obligation to enhance the global public health.Key Words : Intellectual Property, Virus Sample Sharing, Common Heritage of Mankind, and State’s Sovereign Right
The Protection of Traditional Knowledge of Medicinal Herbs for Just Health and Welfare Access for the Traditional Communities: A Comparison between India and Indonesia Yenny Eta Widyanti; Rahmi Jened; Nurul Barizah
Indian Journal of Forensic Medicine & Toxicology Vol. 16 No. 1 (2022): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v16i1.17673

Abstract

The purpose of this study is to identify a model in the protection of traditional knowledge (TK) of medicinal herbs by adopting a comprehensive protection instrument, comprising positive and defensive protection. Based on the regulation of TK in international conventions and the national laws, the best practice for the protection of TK of medicinal herbs is by implementing a sui generis regulation that stems from the principle of justice in fulfilling the traditional communities’ rights over access to health and welfare.
TRIPS-Plus Provisions on Patent under Indonesia’s Bilateral Free Trade Agreement Nurul Barizah
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 3: Juli 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss3.art2

Abstract

The protection for Intellectual Property Rights (HKI) with higher standards than the one mentioned in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), known as TRIPs-Plus, has become a crucial legal issue in bilateralism era nowadays. This research is aimed at analyzing the stipulations in TRIPs-Plus in the case of Patent which is mentioned in several Bilateral Free Trade Agreement (BFTAs), analyzing the existence of TRIPs-Plus in BFTA between Indonesia and its business partner countries, and analyzing whether Indonesia needs to revise its Constitution regarding Patent to fulfill such commitment. This was a normative legal research which used constitutional, conceptual, and comparative approaches. The findings show that most of BFTA which are already agreed by developed and developing countries with their business partner countries , in the case of Patent, contain the standards of TRIPs-Plus. Such stipulation is also found in Indonesian Japan Economic Partnership Agreement (IJEPA). However, the revision of Constitution about Patent should be based on not only bilateral commitment, but also national interests.
Indonesia’s Patent Policy on the Protection of Genetic Resources related Traditional Knowledge; Is it a Synergy to Fulfill the TRIPs agreement and CBD Compliance? Nurul Barizah
Yuridika Vol. 35 No. 2 (2020): Volume 35 No 2 May 2020
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (396.904 KB) | DOI: 10.20473/ydk.v35i2.16891

Abstract

This research analyses the compatibility of Indonesian Patent Act with the Trade related Aspect of Intellectual Property Rights (TRIPs) Agreement and the Convention on Biological Diversity (CBD) dealing with Genetic Resources Related to Traditional Knowledge (GRTK). The focus this analyses on whether the new Indonesian Patent Act provides a clear policy on the protection of GRTKF and the development of the biotechnology in Indonesia, particularly on the patentability of genetic resources related inventions, including genes patent. This research found that the new Indonesian Patent Act on GRTK is not only to synergise between the TRIPs Agreement obligation and the CBD compliance, but also adopted patent policies derived from other developed countries particularly in examining the patentability thresholds and exceptions from patentability. Even, in the context of patentability of living organisms, Indonesia adopts a very liberal approach compared to most industrialised countries. This research advises that Indonesian patent policy on GRTK should take into account the richness of this country on biodiversity and the level of biotechnology industry development.
The Tensions On The Protection Of Local-Traditional Indonesian Batik Ria Setyawati; Mas Rahmah; Rahmi Jened; Nurul Barizah; Agung Sujatmiko
Yuridika Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (389.895 KB) | DOI: 10.20473/ydk.v36i1.24077

Abstract

Batik artwork has been known for hundreds of years and has become part of the culture of Indonesian society. Some batik motifs in Indonesia have philosophical values and are part of traditional traditional ceremony activities. Along with the times, the creativity of batik artists has become varied even though ancient traditional motifs are still mass produced and used as inspiration. This research examines the legal protection for traditional batik in order to avoid the abuse of rights by certain parties who merely exploit it in order to benefit from the existence of traditional batik works. The formulation of the problem that will be examined in this research is whether traditional batik gets legal protection under the copyright regime in Indonesia? Are there any legal safeguards at the international level for traditional Indonesian batik works? In answering this problem formulation will use a conceptual approach and a statutory approach. This research is a legal research that will examine existing legal concepts and related legal rules in solving legal problems related to the protection of traditional batik.
THE DEVELOPMENT OF ASEAN'S INTELLECTUAL PROPERTY RIGHTS LAW, FROM TRIPS COMPLIANCE TO HARMONIZATION Barizah, Nurul
Indonesia Law Review
Publisher : UI Scholars Hub

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Abstract

Intellectual Property Rights (IPR) is one of the most important subjects of trading, not only in the era of globalism, but also in this era of regionalism. In the regional ASEAN, its significant of IPR protection has made Member Nations introduced ASEAN Framework Agreement on Intellectual Property (IP) Cooperation in 1995, a year after the conclusion of the Trade-related Aspects of Intellectual Property Rights (TRIPs) Agreement of the World Trade Organization (WTO). This paper discusses the current development of this Framework in the light to harmonise Intellectual Property (IP) laws in the region, covering the objectives, the basic principles, and some substantial provisions. Then, it examines whether fast pace of IP laws development in ASEAN have been mainly driven by this Framework Agreement or the countries’s deadline to comply with the TRIPs obligations. This paper also examines whether the regional economic cooperation of ASEAN Free Trade Agreement (FTA) with their trading partners pay a specific attention to the issue of IPR. By taking into account the different level of national IPRs laws, and its current development, it can be concluded that the ASEAN framework on IP Cooperation is rather ambitious. The Working Groups succeeded in developing draft on regional filing forms for IP registration, but the progress in the introduction of the system has been very slow.
Co-Authors Agung Sujatmiko Mas Rahmah, Mas Rahmi Jened Setyawati, Ria Yenny Eta Widyanti