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Session Overview
PS-2.07: Intellectual property rights, innovation and development 2
Thursday, 13/Oct/2016:
8:30am - 10:00am

Session Chair: Yangao Xiao, University of Electronic Science and Technology of China
Discussant: Jørgen Lindgaard Pedersen, Technical University of Denmark
Location: Asia Afrika Room (Homann)

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The Protection of Cultural Resources in Lombok Island

Rika Ratna Permata, Miranda Risang Ayu, Laina Rafianti Hanny

Universitas Padjadjaran, Indonesia

This paper aimed to discuss cultural resources in Lombok, Indonesia related with communal intellectual property. In Lombok can be found traditional dance, traditional music, and sacred place like Sade Village and Sembalun Village. Indonesia recently has had a number of laws dealing with the protection of its cultural resources. However, the protection is still unharmonized and scattered. This research used juridical normative and antropo-legal research approaches in data collection, and analytic-descriptive method in analyzing data and writing the report. The contribution of this paper, first, to avoid disputes between Indonesia and its neighbour countries. Second, sui generis legal protection is needed for cultural resources. Third, cultural resources must have economic value and innovation which has impact of the economic development local community.

Can Utility Models Promote ‘Grassroots’ Innovations? Exploring The Possibilities Of An Alternative Patent System For Fostering Informal Sector Innovations In India

Gautam Sharma

Central University of Gujarat, India

The paper aims to examine the access of patents to the informal sector of India which is considered to be a reservoir of knowledge and economic activities. Patents are considered to be the most authoritative rights which incentivise the knowledge producer. Patent regimes exist in almost all countries of the world. The current patent system is criticised by many scholars for favouring the formal sector industries of the economy which have a large market and resources for commercialising their innovations. The individual and small innovators have very little to benefit from the existing IPR regime. Today there are many innovations which emerge from the informal economies of the low income nations like India which consists mostly of imitation and adaptation of the existing technologies. Many of these innovations fall short of the strict patentability and non-obviousness criteria. Further the costs associated with applying for the patents discourage many innovators from the informal sector to make use of these rights. The ‘grassroots’ innovations in India represent the informal sector innovations which have been developed by poor people at grassroots to provide solutions for their own problems. Though the National Innovation Foundation (NIF) of India has documented more than 150,000 such innovations and practices from all over the country but it could apply patents for less than 750 innovations only. Hence the current patent system fails to accommodate the innovations which are incremental in nature and have low level of inventiveness. Utility models are an alternate system of patents which are adopted by approximately 75 different countries of the world to offer protection to the minor and incremental innovations. With a view to promote and foster grassroots innovations, this paper studies the potential of utility models as a tool to spur innovation in the informal economy of India. By analysing the patenting data of grassroots innovations in India and conducting interviews with the grassroots innovators, the study finds that the existing IPR regime in India fails to protect all the incremental and minor innovations emerging from its informal economy. Hence it is advisable for India to develop its own alternate patent system which can provide access of IPR to the informal sector innovators so that they are able to reap the fruits of their knowledge.

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