TRADITIONAL KNOWLEDGE IN THE PHILIPPINES

Ismail Koto

Abstract


This knowledge does not need to be explainable within the philosophical framework of modern science. However, what is important is the community's recognition that this knowledge helps to maintain and improve their health for the sake of social continuity and relationships between them which are based on their own culture, history, heritage and awareness. With this limitation, the meaning of traditional medicine is also very broad because it is very depends, on the recognition of indigenous people as owners. A study cannot be said to be research if it does not have a research method. The research method is a process of collecting and analyzing data that is carried out systematically, to achieve certain goals. Data collection and analysis is carried out naturally, both quantitatively and qualitatively, experimentally and non-experimentally, interactively and non-interactively. The research method used is normative juridical research, namely legal research conducted by examining literature or secondary data. In qualitative research, the process of obtaining data is in accordance with the research objectives or problems, studied in depth and with a holistic approach. Discussions regarding the protection of IPR in developing countries have not succeeded in taking into account cultural differences that influence the understanding of "property", or what belongs to individuals. It is also important to link IPR law with the socio-cultural realities of the people of developing countries as a more effective approach to ensuring the enforcement of IPR law in developing countries.

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References


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Rahimah, R., & Koto, I. (2022). Implications of Parenting Patterns in the Development of Early Childhood Social Attitudes. International Journal Reglement & Society (IJRS), 3(2), 129- 133.

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Zainuddin, Z. (2022). Implementation Of The Change Of The Chairman Of The Labuhan Batu Selatan Regional People's Representative Council. International Journal Reglement & Society (IJRS), 3(1), 11-18.

Pasal 4 (b). "Traditional medicine"- the sum total of knowledge, skills, and practice on health care, not necessarily explicable in the context of modern scientific philosophical framework, but recognized by the people to help maintain and improce their health towards the wholeness of their being, the community an society and their interrelations based on culture, history, heritage, and consciousness" Lahat Republic Act" No. 8423), 1997.

Pengertian tentang ICCS/IPPs dirumuskan sebagai berikut "a group of people or homogenous societies identified by self-ascription and ascription by others who have continuously Irved as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial occupied, possessed and utilized such territories, sharing common bonds of language customs, traditions and other distinctive cultural traits, or who have became Instorically differentiated from the majority of Filipinos. Lebih jauh lihat Pasal 3 (h), Republic Act No.8371, Ibid.

Tujuan utama ini dapat dilihat pada Pasal 2 (c) yang menyatakan "The State shall recognize, respect and protect the rights of ICCS/IPs to preserve and develop their cultures, traditions and institutions. It shall consider these rights in the formulation of national laws and policies". Adapun sistem perlindungan intelektual komunitas diatur dalam Pasal 34 tentang Right to Indigenous Knowledge System and Practices. Lebih jauh lihat, Indigenous Peoples Rights Act - IPRA", 1997.

Ruang lingkup subjek ini dapat dilihat pada Pasal 34 yang menyatakan protect their sciences, technologies and cultural manifestations, including human and other genetic resources, seeds, including derivatives of these resources, traditional medicines and hearth practices, vital medicinal plants, animals and minerals, indigenous knowledge systems and practices, knowledge of the properties of fauna and flora, oral traditions, literature, designs, and visual and performing arts". Lihat Republic Act No.8371, Ibid.

Konsep kepemilikan ini diatur dalam Pasal 5 yang menyatakan "Indigenous concept of ownership sustains the view that ancestral domains and all resources found therein shall serve as the material bases of their cultural integrity The indigenous concept of ownership generally holds that ancestral domains are the ICC's/IP's private but community property which belongs to all generations and therefore cannot be sold, disposed or destroyed.." Ibid..


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