Sydney Law School - SSRN papers

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Sydney Law School. Legal Studies Research Paper. No. 09/34. May 2009. Intellectual Property in Indonesia: A Problematic. Legal Transplant. Simon Butt.

Sydney Law School Legal Studies Research Paper No. 09/34 May 2009

Intellectual Property in Indonesia: A Problematic Legal Transplant Simon Butt This paper can be downloaded without charge from the Social Science Research Network Electronic Library at:

This chapter is in T Lindsey (ed), Indonesia: Law and Society, 2nd edition, Federation Press: Sydney, pp. 620-635, 2008. Information of the book can be found on Federation Press website:

Electronic copy available at:

Intellectual Property in Indonesia: A Problematic Legal Transplant 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.

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