Intellectual Property in Indonesia: A Problematic Legal Transplant

INDONESIA: LAW AND SOCIETY, T. Lindsey, ed., Federation Press, 2008

Sydney Law School Research Paper No. 09/34

2 Pages Posted: 8 May 2009  

Simon Butt

The University of Sydney Law School

Abstract

Since the mid 1990s, Indonesia has significantly reformed its intellectual property laws. These reforms were effected to bring Indonesia’s laws into line with the World Trade Organisation’s Trade Related Aspects of Intellectual Property (TRIPs) Agreement, which requires WTO members to provide minimum standards of intellectual property protection within their domestic legal systems. However, many features of Indonesia’s economic, social, cultural and legal order appear to contradict fundamental precepts of intellectual property. This article argues that, at this stage in its development at least, Indonesia’s best interests are not particularly well served by the higher levels of protection required under TRIPs.

Keywords: intellectual property, law and development, Indonesia, law, commercial law

JEL Classification: K10, K30

Suggested Citation

Butt, Simon, Intellectual Property in Indonesia: A Problematic Legal Transplant. INDONESIA: LAW AND SOCIETY, T. Lindsey, ed., Federation Press, 2008; Sydney Law School Research Paper No. 09/34. Available at SSRN: https://ssrn.com/abstract=1401093

Simon Butt (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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