The Protection of Traditional Knowledge of Medicinal Herbs for Just Health and Welfare Access for the Traditional Communities: A Comparison between India and Indonesia

Authors

  • Yenny Eta Widyanti
  • Rahmi Jened
  • Nurul Barizah

DOI:

https://doi.org/10.37506/ijfmt.v16i1.17673

Keywords:

Protection, TK, Medicinal Herbs, Health, Welfare, Justice

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.

Author Biographies

Yenny Eta Widyanti

BPPDN Awardee, Doctoral Student at Faculty of Law, Airlangga University, Lecturer at Faculty of Law, Brawijaya University Indonesia

Rahmi Jened

Professor at Faculty of Law, Airlangga University,Indonesia

Nurul Barizah

Lecturer at Faculty of Law, Airlangga University Indonesia

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Published

2021-11-30

How to Cite

Yenny Eta Widyanti, Rahmi Jened, & Nurul Barizah. (2021). The Protection of Traditional Knowledge of Medicinal Herbs for Just Health and Welfare Access for the Traditional Communities: A Comparison between India and Indonesia. Indian Journal of Forensic Medicine & Toxicology, 16(1), 1286–1293. https://doi.org/10.37506/ijfmt.v16i1.17673