<![CDATA[The biopiracy case involving Basmati rice by RiceTec Inc. demonstrates that the international intellectual property regime, particularly TRIPS, still provides space for multinational corporations to exploit the biological resources and traditional knowledge of developing countries. Indonesia, as a megabiodiversity country, faces similar vulnerabilities due to weak documentation, legal protection, and geographical indication diplomacy. This study aims to analyze the development and implications of the Basmati biopiracy case for the international IP law framework and to formulate reform strategies to strengthen the protection of geographical indications and traditional knowledge in Indonesia. The research employs a socio-legal approach through normative analysis of national legislation, international legal documents, and academic literature on traditional knowledge and geographical indications. The findings reveal that the Basmati case exposes structural weaknesses within TRIPS in protecting traditional knowledge and local plant varieties. Indonesia’s legal framework is also fragmented and has yet to provide integrated protection linking geographical indications, plant varieties, and communal intellectual property. The absence of a national database equivalent to the Traditional Knowledge Digital Library further weakens Indonesia’s position in responding to foreign claims. This study contributes to community-based legal reform, institutional strengthening, and more proactive IP diplomacy to prevent biopiracy and enhance the protection of Indonesia’s biological and cultural resources. The recommended strategies include developing a national traditional-knowledge database, strengthening geographical indication mechanisms, increasing the capacity of producer communities, and optimizing international diplomacy to prevent biopiracy and ensure equitable protection of Indonesia’s biodiversity and cultural heritage.]]>
Copyrights © 2025
