Author
Ms Yolanda Simbolon
Organisation/Institution
Faculty of Law Universitas Atma Jaya Yogykarta
Country
INDONESIA
Panel
Intellectual Property Rights
Title
Rethinking Patent Standards: Asia’s Transformation in Countering Biopiracy
Abstract
Asia contains over half of the world’s biodiversity, a natural resource that has long inspired traditional knowledge and genetic resources. Yet behind this abundance lies a rising threat in a new form: digital biopiracy. In the past, the exploitation of genetic resources and traditional knowledge required physical access to forests, oceans, or laboratories. Today, it can occur simply via the computer screen. Advances in digital technology and bioinformatics now allow genetic resources and traditional knowledge to be extracted, stored, and commercialized virtually, without any physical transfer of the original material. This phenomenon raises a pressing legal dilemma: first, whether digital genetic sequences derived from Asia genetic resources and traditional knowledge can be registered as patents. If such digital extractions are considered patentable, they could justify one-sided exploitation of Asia's biodiversity, allowing technologically advanced actors to monopolize genetic data while source countries receive neither protection nor fair compensation benefits. Secondly, this study examines how the "novelty" element in patent law should be applied to continue supporting the protection of genetic resources and traditional knowledge. Using a normative juridical approach, this research examines the adequacy of existing patent standards in confronting digital biopiracy. This research argues for a reformulation of patent standards that are both technologically adaptive and ethically grounded, ensuring fair protection and equitable benefit-sharing for Asia’s genetic heritage in the digital era. Keywords: digital biopiracy, patent law, novelty, genetic resources, biodiversity, Asia
Biography
I am a lecturer at Universitas Atma Jaya Yogyakarta, where I have been teaching since September 2023. I have a strong academic background in business law, especially in intellectual property rights. Throughout my lecture experience, I have guided students in developing research related to intellectual property in their thesis or internship output. In addition, I have been involved in academic discussions and socialisation, exploring the impact of artificial intelligence on intellectual property systems. My research interest is in how legal frameworks of intellectual property can adapt to technological advancement. Several of my current research papers are under review by various journal publishers. These studies explore diverse yet interconnected themes, including the relationship between artificial intelligence and copyright protection, the link between geographical indications and the blue economy, and the role of trademarks as a form of goodwill in modern commerce.
