Statement of the Minister of Law and Human Rights of Indonesia, H.E. Mr. Patrialis Akbar, at WIPO High Level Segment of the 48th Meeting of Assemblies of the Member States of WIPO
September 20, 2010 Posted under Intellectual Property
“Innovation, Growth and Development: The Role of Intellectual Property and Member States’ National Experiences”
May I extend my congratulations to you Ambassador Dumont, on your assumption as the Chair of this 48th Meeting.I am confident that under your leadership, our meetings will come to a successful conclusion.
It is a great honour for me to be here today and to address this august assembly and express Indonesia's national experience with regard to the role of IPR. But before doing so, permit me to associate myself with the statements made by the Development Agenda Group (DAG), the Asian Group and ASEAN, concerning issues relating to the work of WIPO, which will be delivered at a later stage.
Since as far back as in the early 1950s, Indonesia has underscored the importance of the promotion and protection of intellectual property rights (IPRs) as we signed the Paris Convention in 1950. Now we are parties to 6 treaties administered by WIPO.
All of these IP treaties and agreements have now been incorporated into Indonesia’s national legislation particularly with regard to Copyright Law, Patent Law, Trademark Law, Trade Secret Law, Industrial Design Law, Layout Design of Integrated Circuit Law and Plant Variety Protection Law.
Noting the benefit of IPR to our national economic development, we continue to attach great importance to further improving and enhancing our national legislation, which include, among others:
The ratification of: the Madrid Protocol, the Geneva Act of the Hague Agreement, Lisbon Agreement, Budapest Treaty, the Singapore Trademark Law Treaty and Nice Agreement;
Amendment to existing national laws on Copyright, Patent, Trademark and Industrial Design; and
Preparation of a new law concerning the Protection of Traditional Knowledge and Traditional Cultural Expressions and the law on genetic resources.
In today’s world of economic competition, a creative and innovative “knowledge based economy” is vital for economic growth and the welfare of the people. When combined with an abundance of natural resources and a strong cultural identity, “a resource and culture-based” economy can also be a key driver for economic prosperity.
Cognizant of this fact, Indonesia’s National Long Term Development Plan 2005-2025 outlines policies aimed at strengthening Indonesia’s economic competitiveness and resilience. These include an improvement in the quality of human resources, research and development, particularly in the fields of science and technology.
In order to achieve this, Indonesia has formulated a road map entitled the “Indonesian Creative Economy Development Plan 2009-2015”. Under the plan, fourteen “creative industry” sub-sectors have been prioritized for development with the aim of these sectors contributing to the increase of the national GDP from the 2008 figure of 7.28% to 8% by 2015.
Furthermore, Indonesia’s Mid-Term Development Plan for 2010-2014, stresses the importance of a strategy to strengthen a comprehensive, tripartite, national innovation system involving the Government, Universities and Industry.
Moreover, the Indonesian Government has recently established the National Innovation Committee which is tasked to assist the President in strengthening a national innovation system and developing a culture of national innovation as well as provide recommendations. While the National Task Force for Tackling Intellectual Property Infringement, established in 2006 to deal with IP law enforcement issues, continue to play an important role.
We have also ensured that IP protection clauses are incorporated into Indonesia’s bilateral treaties.
All of these efforts and initiatives reflect the importance that the Indonesian Government attaches to innovation as an engine for economic growth and to the importance of IP in science and technology cooperation. We appreciate the assistance of WIPO in this regard.
Indonesia is an archipelagic state comprises of approximately 17,000 islands and with a vast population of more than 230 million. We are a culturally, ethnically and linguistically a diverse nation with long-standing traditions and rich biodiversity.
Given this fact, the protection of genetic resources, traditional knowledge, and folklore (GRTKF) is a matter of crucial importance for Indonesia, and thus, we continue to support the establishment of an international legally-binding instrument for the protection of GRTKF and fully support the General Assembly in its fulfilment of its recent mandate concerning the work of the Inter-Governmental Committee on GRTKF.
We also believe that a conclusion on the negotiation on the international legal instrument will end the current imbalances in the global IP protection system. Whilst we wait for the outcomes of the IGC negotiations, Indonesia continues to incorporate elements of GRTKF protection into our bilateral treaties.
We are confident that the protection of GRTKF at the international level will serve the utmost interests of members of the WIPO, be it developed or developing countries, including Indonesia. To this end, we would like to reiterate the need for Member States to redouble efforts to ensure that a legally binding document on GRTKF can become a reality and we look forward to the convening of a Diplomatic Conference in 2011.
In terms of wider development issues, Indonesia wishes to re-emphasize that the development dimension must be mainstreamed into all aspects of WIPO activities. We consider the Development Agenda as an extremely important issue which needs to be seriously addressed by WIPO and its Secretariat. In this regard, it is our fervent hope that the 45 Recommendations of the WIPO Development Agenda, which were adopted three years ago, will be duly and faithfully implemented.
Indonesia also notes the WIPO Medium Term Strategic Plan (MTSP) of 2010 – 2015, and believes that it should remain faithful to the objective of creating a ‘balanced and equitable’ global IP system in order to promote socio-economic and cultural development of all countries.
In this regard, we also underline the importance of WIPO’s cooperation with other international organisations, as well as the needs for each and every international organisation to take into account the global challenges at stake. Nevertheless - as in other intergovernmental bodies - member states should be duly informed and consulted on policies and actions concerning global policy issues, such as climate change, food security, biodiversity, etc.
After hearing the inspirational speech by Stevie Wonder, it is up to all of us to ensure that we make progress on the issue of copyrights for the visually impaired persons. We do hope that we could reach consensus on this important issue, for the sake of humanity and welfare of the peoples.
To conclude, Mr. Chairman, my delegation believes that all member States should strive to advance and improve the work of WIPO and to create a more balanced global IP System in the future, that benefit all members, and not only those that are more advanced. We should not look at the protection of intellectual property as merely an economic or enforcement issue. We should also consider the social and cultural aspect as it brings welfare to the peoples. We are now at an important juncture in time, where we define where and how WIPO will move into the future, and how it contributes in shaping the world of today.
Geneva, 20 September 2010