Traditional knowledge (TK) based on local culture is a soft form, of global value, the main capital for the development of Indonesia's creative economy facing the AEC 2015 needs to get holistic protection through the justice system of the intellectual property rights (IPR). This study examines the current legal system of TK IPR and builds the legal system of TK IPR in fairness in creating creative economic development in the face of AEC 2015. This study uses an interdisciplinary normative juridical approach.Normative juridicalrefers to the principles, national legal norms in the form of international law and norms, international conventions as primary and secondary data and reference data of various related disciplines.The primary data strengthens and clarifiessecondary data.The specification of research is descriptive qualitative juridical analysis using historical, sociological and legal construction methods of analogy and argumentum a'contrario based on legal framework.The results of thestudy show that copyright, patent rights, brand rights and industrial design rights as the legal system of TK IPR has not yet realized equitable protection of rights, capable justice and justice needs, especially regarding spriitual priorities,cultural identity and integrity. As a major obstacle, the IPR system settings do not accommodate TK protection requirements of society as a subject of copyright, brand and patent rightswiththeaddition of compliance deadline Copyright protection unclearobject protection criteriaand designbrands.Therefore, the government should enhance the IPR system through"Sui generis intellectual property system"asthe living lawthat isresponsive, in the form of national and regional regulation laws, as harmonizationindigenous peoplelocal, social, cultural and economic dynamics, realizing creative economic development facing AEC 2015.
Volume 11 | 06-Special Issue
Pages: 1075-1087