International Law Commons^™

The Protection Of Traditional Knowledge Under Indonesian Patent Law: Between Opportunities And Challenges, Yulia Yulia

Indonesian Journal of International Law

The protection of traditional knowledge through patents is still an interesting issue on an international level. Indonesia revised Patent Law in 2016 (Law Number 13 of 2016 concerning Patent or Indonesian Patent Law). This Law has confirmed that patent is an exclusive right that the country gives for the inventor to the invention in technology, for a certain amount of time, to implement itself or give other parties to implement it. The patent can be submitted if required terms of the patent application, there are novelty, inventive steps, and industrially applicable. That provision cannot be fulfilled by traditional knowledge, where …

The Protection Of Three-Dimensional Works As A Means Of Promoting Innovation: A Comparative Basis Of Namibia And Burkina Faso, Habraham Sonda, Frieda Shifotoka

Indonesian Journal of International Law

For years intellectual property (IP) has been an area that has been neglected in its protection and promotion in comparison to other types of the property despite its uniqueness. There is more neglect in industrial designs, specifically from innovators from developing countries, because of the lack of assistance to innovators or government prioritizing areas concerned with the public interest. IP does not only benefit its creators. However, it has contributed to the economies of many countries. Hence the need to have effective legal systems that recognize IP and have remedies and enforcement mechanisms. When there are mechanisms in place for …

Traditional Knowledge – The Changing Scenario In India, Ajoy Jose, Padmavati Manchikanti

Indonesian Journal of International Law

India is a party to the CBD, which came into force on 29 December 1993. It has three main objectives, namely the conservation of biological diversity, the sustainable use of its components and fair and equitable sharing of benefits arising out of the utilization of genetic resources. CBD envisages that the benefits accruing from commercial use of TK have to be shared with the people responsible for creating, refining and using this knowledge. Art 8(j) of the CBD provides for respecting, protecting and rewarding the Knowledge, Innovations and Practices (KIP) of local communities. Realizing the need to ensure that the …

The Admissibility Of Earth Observation Data In Legal Proceedings: A Closer Look Towards Data Imaging, Alif Nurfakhri Muhammad

Indonesia Law Review

Space capabilities utilization, specifically Earth observation capabilities is not just limited to environmental protection and disaster mitigation, as was shown in the UN Principles on Remote Sensing. It can also be used to support law enforcement and legal proceedings in court. However, the technology of Earth observation is very complex and the process from primary earth observation data to analyzed information requires a degree of manipulation to create comprehensive data. Because of this, there is an issue of admissibility of Earth observation data in court. This article would like to answer the fundamental question on how can this data be …

Ineffective Refugee Status Determination Process: Hindrance To Durable Solution For Refugees Rights And Protection, Rohaida Nordin, Norilyani Hj Md Nor, Rosmainie Rofiee

Indonesia Law Review

In any State of Asylum, the process of Refugee Status Determination (RSD) conducted by the United Nations High Commissioner for Refugees (UNHCR) is critical in facilitating asylumseekers to seek necessary protections. UNHCR ensures that asylum-seekers will not be returned involuntarily to the State of Origin where they could face persecution. As a long-term solution, UNHCR helps refugees to find appropriate and permanent solutions to their plights, either by repatriating them voluntarily to their homeland or assisting them to integrate into the States of Asylum or helping them to resettle in third States. In the absence of domestic legal protection in …

The Protection Of Celebrity Name In China: After The ‘乔丹’ Case By The Spc Of China, Huaiyin Zhang

Indonesian Journal of International Law

The Supreme People’s Court (SPC) case of ‘乔丹’, brought by Michael Jordan against Qiaodan Sports, is a landmark case over the protection of the right to the personal name in the People’s Republic of China (PRC). In the retrial proceeding, the SPC gave eight exhaustive explanations to the disputed questions and eventually reversed the lower court’s decision. After studying the judgment, this article finds that a famous foreign name can be protected by Chinese Trademark law only when it satisfies three conditions: First, the specified name enjoys a certain popularity in China and is well-known to the concerned public; second, …

Swing The Angklung Tube In The Digital Economy Era: Based On Intangible Cultural Heritage And Intellectual Property Rights Perspective, Laina Rafianti, Aam Suryamah, Afrizal Musdah Eka Putra, Ahmad M. Ramli

Indonesian Journal of International Law

After the UNESCO inscription of Angklung as Intangible Cultural Heritage in 2010, the responsibility of the angklung custodian is harder. Angklung is not only must exist as a living culture but must also develop. At first, the inscription of angklung is essential to ascertain cultural identity from Indonesia. Besides, intellectual property law contributes a vital key to protect the community and individuals who create copyrighted subject matter based on angklung. Double protection for angklung in cultural and intellectual property also provides double consequences. The problem is, the relation between those two related institutions is weak. Moreover, the mechanism of protection …

Autonomous Space Objects And International Space Law: Navigating The Liability Gap, Ioana Bratu, Arno R. Lodder, Tina Van Der Linden

Indonesian Journal of International Law

The introduction of advanced new technologies is transforming the space industry. Artificial intelligence is offering unprecedented possibilities for space-related activities because it enables space objects to gain autonomy. The increasing autonomy level of space objects does not come without legal implications. The lack of human control challenges existing liability frameworks. This paper reviews the provisions of the Outer Space Treaty and the Liability Convention as the main legal documents introducing the legal grounds for attributing liability in case of damages caused by autonomous space objects. Looking at the limitations of these legal frameworks in what concerns the attribution of liability, …

Lecture In Human Rights: Tax Policy, Global Economics, Labor And Justice In Light Of Covid-19, Reuven S. Avi-Yonah

Articles

International Tax Law has extensive ramifications on the wealth gap between wealthy developed nations and poor developing nations. This divide in prosperity has been made clear again in the global response to the COVID-19 pandemic. Developing nations are currently ill-equipped to adapt to, and regulate, an equitable system of taxation on a domestic level. A further challenge is the difficulty of ensuring that foreign investors, especially multinational corporations, are able to comply with tax regulations. Developed nations such as the United States and members of the European Union must continue to work with developing nations to reduce tax evasion and …

Enclosure Of The Oceans Versus The Common Heritage Of Mankind: The Inherent Tension Between The Continental Shelf Beyond 200 Nautical Miles And The Area, Michael W. Lodge

International Law Studies

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is a major achievement of diplomacy in the late twentieth century and is rightly regarded as the “constitution for the ocean.” UNCLOS has withstood the test of time and has demonstrated its flexibility and adaptability to changing circumstances. Notwithstanding, there is an underlying tension at the heart of UNCLOS as it tries to reconcile two fundamentally different approaches—the exclusivity of coastal State jurisdiction versus the international character and shared space of the Area beyond national jurisdiction. As the search for mineral deposits in the Area intensifies, and as …

"Clerical Mistake In A Judgment" Under Israeli And American Procedural Law – A New Model, Yitshak Cohen

Cleveland State Law Review

This Article examines the development and efficiency of the procedure for correction of a clerical mistake in a judgment in the Israeli law. As is well known, the procedure offers a short and simple way to correct an error in language within a decision. The litigants may file a motion to correct a decision in the same court that granted it, without having to file an appeal in the appellate court. The difficulty, however, is that this procedure contains three fundamental flaws that might even hinder its purpose: First, the law binds the parties and the court to the same …

Abandoning The Subjective And Objective Components Of A Well-Founded Fear Of Persecution, Grace Kim

Northwestern Journal of Law & Social Policy

Current asylum law requires that asylum seekers prove that they have a “well-founded fear of persecution.” However, a “well-founded fear”—the evidentiary standard in asylum cases—has remained ambiguous and difficult to apply in asylum cases. In Cardoza-Fonseca, the Supreme Court held that an asylum seeker can establish a well-founded fear with less than a 50% probability of future persecution. Although the Supreme Court sought to clarify the meaning of a well-founded fear, the decision has complicated the evidentiary standard by implying that it consists of two parts: the subjective component and objective component. The “subjective” component—the asylum seekers’ subjective fear …

Emergencies Revisited: The Enduring Legacy Of The Police Power, Santiago Legarre

Belmont Law Review

No abstract provided.

What Does The State Owe To Its People? Toward A “Responsibility To Develop”, Amit Khardori

BYU Law Review

No abstract provided.

England's Contaminated Land Act Of 1995: Perspectives On America's Approach To Hazardous Substance Cleanups And Evolving Principles Of International Law, Michael P. Healy

Journal of Natural Resources & Environmental Law

No abstract provided.

Neutrality And Cyberspace: Bridging The Gap Between Theory And Reality, Noam Neuman

International Law Studies

While there exists a broad consensus among States that international law generally applies to the cyber domain, particular views regarding the applicability of the law of neutrality have rarely been put forward, and presently there seems to be insufficient State practice and domain-specific opinio juris in this regard. Against this backdrop, several attempts have been made throughout the years to apply certain neutrality rules to cyberspace by referring to analogies from other domains. However, this legal regime provides an emblematic example of what the introduction of traditional rules of international law, formulated with the physical domains of warfare in mind, …

Effect Of Free Trade Agreements On Pharmaceutical Market Competition: The Case Of The 2009 Us-Peru Free Trade Agreement And Its Implementation As National Drug Policy, Lita Araujo, Enrique Seoane-Vazquez, Michael Montagne

Pharmacy Faculty Articles and Research

Free Trade Agreements (FTA) are controversial for threatening essential aspects of health, especially access to affordable medicines. The US-Peru FTA required changes in the Peruvian pharmaceutical legislation that resulted in the implementation of the National Drug Policy (NDP) of 2009. The NDP included more robust technical requirements for registration, a Peruvian Good Manufacturing Practices certificate, a longer timeline for drug registration, and an increase in registration fees. This study evaluated the impact of the FTA on the number of registrations and competition in the Peruvian pharmaceutical market.

Data for the period January 2005 to April 2014 were provided by the …

Gambian And Senegalese Refugee Policies As A Potential Means Towards Regional Stability, Amy Armata

CISLA Senior Integrative Projects

No abstract provided.

Bits And Bonds: The International Law And Economics Of Sovereign Debt, Stratos Pahis

Faculty Scholarship

No abstract provided.

When Imitation Is Not Flattery: Addressing Cultural Exploitation In Guatemala Through A Sui Generis Model, Paul Figueroa

Faculty Scholarship

Indigenous Guatemalan weavers are fighting for intellectual property laws that better protect their designs and other cultural expressions. The exploitation and appropriation by local and international companies has negatively affected the weavers’ livelihoods and resulted in culturally inappropriate uses of spiritual and traditional symbols. Adhering to Western ideals of individual creativity and utility, intellectual property laws in most of the world (including Guatemala) are not suited to protect indigenous creations. To address this legal gap, some countries have adopted sui generis legal regimes that align with communal notions of creation, ownership and stewardship found in indigenous knowledge systems. Based on …