Mr. Insan Budi Maulana, Managing Partner of Maulana and Partners Law Firm and a prominent figure in intellectual property law, was invited as a keynote speaker. Renowned for his expertise in patent law, Mr. Maulana shared key insights on the evolving landscape of genetic resource protection, particularly in the context of patent applications. His participation helped shed light on the
legal and practical challenges surrounding genetic resource protection.
From 11-13 September 2024, the Directorate of Patent, Integrated Circuit, and Trade Secret, under the Directorate General of Intellectual Property, hosted a Focus Group Discussion (FGD) on the patent application process for genetic resources. The event addressed a critical issue in intellectual property law: how to effectively protect genetic resources in Indonesia, a country renowned for its rich biodiversity, through patents.
Additionally, the FGD was organised in response to the Indonesian government’s recent signing of the WIPO Treaty on Genetic Resources and Traditional Knowledge in Geneva on 8 July 2024. The treaty marks Indonesia’s significant commitment to protect its rich biodiversity and cultural heritage by aligning with global standards on genetic resources and traditional knowledge. The event aimed to discuss the implications of this treaty for Indonesia’s legal framework, particularly in the area of patent applications for genetic resources, and to explore practical strategies for its implementation moving forward.
One key focus of the event was the Indonesian Government’s plan to revise the current Patent Law to provide clearer and more concise regulations specifically for genetic resources. The discussions explored how these potential revisions could simplify and enhance the patent application process in this complex field, benefiting researchers, innovators, and industries reliant on genetic resources.
The FGD brought together a diverse range of stakeholders, including patent examiners, intellectual property (IP) consultants, representatives from the Indonesia Research and Innovation Agency (BRIN), leading academics, and other stakeholders. This broad participation facilitated a comprehensive dialogue that addressed regulatory, academic, and commercial perspectives on protecting genetic resources.
In his address, Mr. Maulana expressed that revising the Patent Law may not be necessary, as the process would be lengthy. He pointed out that the existing law already empowers the Minister to issue Ministry Regulations, which could effectively address the implementation of genetic resource patent applications. According to Mr Maulana, this approach would be more efficient, allowing researchers and innovators to work within the current legal framework while ensuring the timely protection of their discoveries.
Participants also exchanged perspectives on the practical implementation of genetic resource patents, drawing comparisons with practices in countries such as China, India, Japan, and Korea. They emphasised the importance of adopting best practices from these nations while tailoring them to Indonesia’s unique needs. Additionally, participants underscored the need for proper infrastructure, such as gene banks, to store and manage genetic resources. There was broad consensus that government support would be crucial in establishing such facilities, ensuring researchers have the necessary resources to safeguard and utilize genetic materials effectively.
The event concluded with actionable recommendations to improve the regulatory framework, ensuring that Indonesia remains at the forefront of protecting its invaluable genetic resources.