Prof. Christoph Antons

Edited Works

Intellectual Property, Cultural Property and Intangible Cultural Heritage (Key Issues in Cultural Heritage), Routledge, London and New York 2018, XIII + 263 pp. (together with William Logan).

Routledge Handbook of Asian Law, Routledge, London; New York 2017, XIV + 431 pp.

• https://www.routledge.com/Routledge-Handbook-of-Asian-Law/Antons/p/book/9780415659406

Intellectual property and free trade agreements in the Asia-Pacific region (MPI Studies on Intellectual Property and Competition Law, 24), Springer, Berlin 2015, VIII + 438 pp. (together with Reto M. Hilty).

Law and Society in East Asia (The Library of Essays on Law in East Asia), Ashgate, Farnham/Surrey-Burlington/VT 2013, 660 pp. (together with Roman Tomasic).

• https://www.routledge.com/Law-and-Society-in-East-Asia/Antons-Tomasic/p/book/9780754628606

The enforcement of intellectual property rights: comparative perspectives from the Asia-Pacific region (Max Planck series on Asian intellectual property law, 15), Kluwer Law International, Alphen aan den Rijn 2011, 382 pp.

Traditional knowledge, traditional cultural expressions and intellectual property law in the Asia-Pacific region (Max Planck Series on Asian Intellectual Property Law, 14), Kluwer Law International, Alphen aan den Rijn [u.a.] 2009, XX + 394 pp.

Globalisation and Resistance: Law Reform in Asia since the Crisis (Oñati International Series in Law and Society), Hart, Oxford 2007, X + 316 pp. (together with Volkmar Gessner).

Intellectual Property Harmonisation within ASEAN and APEC (Max Planck series on Asian intellectual property law, 10), Kluwer Law International, The Hague 2004, XXIII + 247 pp. (together with Christopher Heath, Michael Blakeney).

Law and development in East and Southeast Asia (RoutledgeCurzon-IIAS Asian studies series), RoutledgeCurzon, London; New York 2003, 387 pp.

• Re-published in electronic format by Taylor & Francis in March 2007

Books and Monographs

Intellectual Property Laws in Indonesia (Max Planck series on Asian intellectual property law, 2), Kluwer Law International, London 2000, XXIV + 414 pp.

Contributions to Collected Editions, Commentaries, Handbooks and Encyclopaedias

Farmers as Researchers: Government Regulation of Farmers' Local Knowledge in Indonesia, in: Michael Blakeney, Kadambot H. M. Siddique (eds.), Local Knowledge, Intellectual Property and Agricultural Innovation, Springer, Singapore 2020, 117 - 151 (together with Yunita T. Winarto et al.). DOI

• This chapter examines the international and national legal frameworks that have fostered the current situation with regards to seeds and local agricultural knowledge in Indonesia. Case studies show how such frameworks are impacting on the practices of farmers and how farmers are dealing with this impact and are developing self-help-mechanisms. It will be argued that standardised regulatory approaches ignore the considerable contribution and innovative nature of local farming practices, which still contribute about 70% of the food produced in the world. The penultimate section of the chapter discusses the changes that can be expected from the new Draft Law on the Sustainable Agricultural Cultivation System. The chapter concludes by pointing to the important influence of two key aspects of the political reformation process in Indonesian society after the end of the military backed Suharto government: decentralization policies which have been beneficial for local councils and NGOs working on rural issues and the creation of a Constitutional Court, which has issued progressive decisions in cases concerning indigenous peoples and farmers. However, while proposed law reform follows the lead of the judiciary, it also reclaims some of the discretionary powers for the bureaucracy and creates new burdens for farmers.

Intellectual property in plant material and Free Trade Agreements in Asia, in: Kung-Chung Liu, Julien Chaisse (eds.), The Future of Asian Trade Deals and IP, Hart Publishing, Oxford 2019, 229 - 256.

Cultural and intellectual property in cross-border disputes over intangible cultural heritage, in: Christoph Antons, William Logan (eds.), Intellectual Property, Cultural Property and Intangible Cultural Heritage, Routledge, London and New York 2018, 67 - 88 (together with Lisa Rogers).

Intellectual and Cultural Property and the Safeguarding of Intangible Cultural Heritage, in: Christoph Antons, William Logan (eds.), Intellectual Property, Cultural Property and Intangible Cultural Heritage, Routledge, London and New York 2018, 1 - 17 (together with William Logan).

Biodiversity, Intangible Cultural Heritage and Intellectual Property, in: Charles R. McCanis, Burton Ong (eds.), The Routledge Handbook on Biodiversity and the Law, Routledge, London and New York 2018, 313 - 325.

Copyright Law in Indonesia: From a Hybrid to an Endogenous System?, in: John Gilchrist, Brian Fitzgerald (eds.), Copyright, Property and the Social Contract - The Reconceptualisation of Copyright, Springer, Heidelberg, New York, Dordrecht, London 2018, 73 - 88. DOI

• Indonesia’s copyright system has its roots in the Dutch colonial period, but has been thoroughly changed since the introduction of the country’s first own copyright law in 1982. While initial reforms still showed the influence of the Dutch copyright tradition, increasingly principles derived from Anglo-American copyright literature came to be included. Further parts of the legislation relate to specific domestic concerns, thus leading to a hybrid model of different copyright traditions with specific Indonesian features. However, Indonesia stands not only between different copyright traditions, but is also seeking to balance an assertive position as a strong player in copyright and the creative industries with a traditional feeling of relative insecurity with regards to foreign derived laws protecting intellectual property.

Intellectual Property in Asia: ASEAN, East Asia, and India, in: Rochelle Cooper Dreyfuss, Justine Pila (eds.), The Oxford Handbook of Intellectual Property Law, Oxford University Press, Oxford 2018, 348 - 377. DOI

• This chapter covers parts of Asia where there have been very significant recent developments in intellectual property (IP) law. IP reform in the region was initially driven by the concerns of industrialized countries about the lack of IP protection in Asian “miracle” economies. More recently, it has become an important topic in free trade and economic partnership agreement negotiations. The developments in the individual countries are discussed in the context of an “Asian development model,” which has often combined short and generalized laws with numerous implementing decrees and administrative discretion. This has allowed for the selective adaptation of IP models from elsewhere, with some countries now strongly promoting higher IP standards to their regional neighbors. However, different historical pathways to development and local circumstances suggest that it is difficult to develop regional role models for others or to explain differences about IP exclusively with the divide between “developed” and “developing” countries.

The Construction of Ethnicity in Colonial Law and its Legacy: The Example of the Peranakan Chinese in Indonesia, in: Christoph Antons (ed.), The Routledge Handbook of Asian Law, Routledge, London; New York 2017, 398 - 419 (together with Rosy Antons-Sutanto).

The Regulation of Innovation in Agriculture and Sustainable Development in India and Southeast Asia, in: Christoph Antons (ed.), The Routledge Handbook of Asian Law, Routledge, London; New York 2017, 287 - 309 (together with Rajeswari Kanniah).

Legal and Cultural Landscapes: Cultural and Intellectual Property Concepts and the 'Safeguarding' of Intangible Cultural Heritage, in: Christoph Antons (ed.), The Routledge Handbook of Asian Law, Routledge, London; New York 2017, 250 - 268.

What is 'Asian Law'? Asia in Law, the Humanities and Social Sciences, in: Christoph Antons (ed.), The Routledge Handbook of Asian Law, Routledge, London; New York 2017, 3 - 27.

Geographical Indications, Heritage, and Decentralization Policies: The Case of Indonesia, in: Irene Calboli, Ng-Loy Wee Loon (eds.), Geographical Indications at the Crossroads of Trade, Development and Culture: Focus on Asia-Pacific, Cambridge University Press, Cambridge 2017, 485 - 507.

Article 27(3)(b) TRIPS and Plant Variety Protection in Developing Countries, in: Hanns Ullrich et al. (ed.), TRIPS plus 20 - From Trade Rules to Market Principles (MPI Studies on Intellectual Property and Competition Law, 25), Springer, Berlin; Heidelberg 2016, 389 - 414. DOI

• In comparison with industrialised countries, agriculture in developing countries accounts for a substantial share of GDP and involves a substantial sector of small-holders and traditional agriculturalists. In view of these differences, the biotechnology clause of Article 27.3.b TRIPS with its requirement of plant variety protection either by patents or an effective sui generis system or a combination of the two has been controversial. However, developing countries have made surprisingly little use of the freedom to design their own systems in this field. Instead, there has been a surge in UPOV membership among developing countries and some have gone as far as introducing patent protection for plant varieties. Such countries now have to consider the same exclusions and exceptions to patenting that are normally discussed in countries with much more advanced biotechnology industries. The chapter examines the scope for the use of orde public considerations under Article 27.2 TRIPS, of exceptions for research and experimental purposes under Article 30 TRIPS, compulsory licensing under Article 31 TRIPS as well as the advantages of a specific breeding exemption and it briefly comments on the various sui generis options. While liberal interpretations of the TRIPS exceptions remain possible, the chapter concludes that the majority of developing countries will be better off in more creatively using the freedom to develop sui generis systems suitable for their local conditions rather than struggling to introduce TRIPS conform limited exceptions’ to patent protection for plant varieties.

Introduction: IP and the Asia-Pacific 'Spaghetti Bowl' of Free Trade Agreements, in: Christoph Antons, Reto M. Hilty (eds.), Intellectual Property and Free Trade Agreements in the Asia-Pacific Region ( MPI Studies on Intellectual Property and Competition Law, 24), Springer, Heidelberg, New York, Dordrecht, London 2015, 1 - 23 (together with Reto M. Hilty). DOI

• The contributions to this book show the strategies and policies of countries in the Asia-Pacific region that have to grapple with international standard setting in what has been called the ‘spaghetti bowl’ of criss-crossing free trade agreements. The chapters show how intellectual property is just one among many political and economic factors that are used in trade off discussions. It leads to an often considerable further raising of IP standards in those countries that agree to higher protection levels, often for reasons that have little to do with the provision of incentives for technological progress. A more nuanced picture of IP protection in Asia shows the different interests of high protection countries, ‘first’ and ‘second tier’ newly industrialized and industrializing countries and the rather peculiar position of Australia and New Zealand. The chapter introduces the contributions to this volume according to these various groups of countries and of international law and the political economy of the region.

An Overview of Free Trade Agreements in the Asia-Pacific Region with a Particular Focus on Intellectual Property, in: Christoph Antons, Reto M. Hilty (eds.), Intellectual Property and Free Trade Agreements in the Asia-Pacific Region (MPI Studies on Intellectual Property and Competition Law, 24), Springer, Heidelberg, New York, Dordrecht, London 2015, 27 - 53 (together with Dilan Thampapillai). DOI

• This chapter provides an overview of Free Trade Agreements (FTAs) in the Asia-Pacific region. It examines the multiple interpretations of the ‘Asia-Pacific’ and asks about the usefulness of this concept as a focus of comparison. It explains the political and economic background of concluded agreements, the negotiations in progress and the formation of regional clusters of FTAs, and also shows the enormous differences in IP content in the various agreements. With the exception of Japan, Asia-Pacific countries appear as relatively reluctant converts to higher IP standards. Even the industrialized economies of the region that had to increase their IP standards after agreements with the US, EU or Japan do not necessarily impose the same standards on regional neighbours. Instead, ‘soft diplomacy’ in IP matters is important to countries in the region, as is new subject matter for intellectual property protection such as traditional knowledge and traditional cultural expressions.

Epistemic communities and the "people without history": the contribution of intellectual property law to the ‘safeguarding’ of intangible cultural heritage, in: Irene Calboli, Srividhya Ragavan (eds.), Diversity in Intellectual Property: Identities, Interests and Intersections, Cambridge University Press, New York 2015, 453 - 471.

Introduction: Law Reform and Legal Change, in: Christoph Antons, Roman Tomasic (eds.), Law and Society in East Asia (The Library of Essays on Law in East Asia), Ashgate, Farnham/Surrey-Burlington/VT 2013, XI - XXXIII.

Harmonisation and selective adaption as intellectual property policies in Asia, in: Intellectual Property Rights - Prospects for Development, Adolat, Tashkent 2012, 73 - 104.

• Event: Systematik des gewerblichen Rechtsschutzes in der EU - Problemstellungen und Entwicklungsperspektiven im Bereich des gewerblichen Rechtsschutzes, Tashkent, 2012-04-25

Intellectual Property Rights in Indigenous Cultural Heritage: Basic Concepts and Continuing Controversies, in: Christoph Beat Graber, Karolina Kuprecht, Jessica Christine Lai (eds.), International Trade in Indigenous Cultural Heritage - Legal and Policy Issues, Edward Elgar, Cheltenham, UK; Northampton, MA 2012, 144 - 174.

Patent enforcement in Indonesia, in: Reto M. Hilty, Chung-Kung Liu (eds.), The Enforcement of Patents - comparing the Asian, European and American Experiences (Max Planck Series of Asian Intellectual Property Law, 16), Kluwer Law International, Alphen aan den Rijn 2012, 215 - 231.

From Magic Charms to Symbols of Wealth: Well-known Trade Marks in Indonesia, in: Andrew T. Kenyon, Megan Richardson, Ng-Loy Wee Loon (eds.), The Law of Reputation and Brands in the Asia Pacific (Cambridge Intellectual Property and Information Law, 16), Cambridge University Press, Cambridge 2012, 142 - 155.

The Intellectual Property Jurisdiction of the Indonesian Commercial Court, in: Christoph Antons (ed.), The Enforcement of Intellectual Property Rights - Comparative Perspectives from the Asia-Pacific Region, Kluwer Law International, Alphen aan den Rijn 2011, 361 - 380.

Introduction, in: Christoph Antons (ed.), The Enforcement of Intellectual Property Rights - Comparative Perspectives from the Asia-Pacific Region, Kluwer Law International, Alphen aan den Rijn 2011, 1 - 20.

Initiatives on IP Enforcement beyond TRIPS: The Anti-Counterfeiting Trade Agreement and the International Medical Products Anti-Counterfeiting Task Force, in: Christoph Antons (ed.), The Enforcement of Intellectual Property Rights - Comparative Perspectives from the Asia-Pacific Region, Kluwer Law International, Alphen aan den Rijn 2011, 125 - 159 (together with Gabriel Garcia).

Copyright Law Reform and the Information Society in Indonesia, in: Brian Fitzgerald et al. (ed.), Copyright Law, Digital Content and the Internet in the Asia-Pacific, University Press, Sydney 2008, 235 - 255.

Traditional Cultural Expressions and Their Significance for Development in a Digital Environment: Examples from Australia and Southeast Asia, in: Christoph Beat Graber, Mira Burri-Nenova (eds.), Intellectual Property and Traditional Cultural Expressions in a Digital Environment, Edward Elgar, Cheltenham, UK; Northampton, MA 2008, 287 - 301.

Law Reform in the “Developmental States” of Asia – From the Asian Crisis to September 11, 2001, and Beyond, in: Christoph Antons, Volkmar Gessner (eds.), Globalisation and Resistance. Law Reform in Asia Since the Crisis (Onati International Séries in Law and Society), Hart Publishing, Oxford 2007, 81 - 104.

Faire des affaires en Indonésie: exécution des contrats par les tribunaux ordinaires et création d'un tribunal de commerce spécialisé dans la propriété intellectuelle et les faillites, in: Judith Gibson, Bertrand du Marais (eds.), Réformes du droit économique et développement en Asie - Enseignements da la Chine, de l'Indonésie et de la la Thaïlande, La Documentation Française, Paris 2007, 73 - 90.

Introduction, in: Christoph Antons, Volker Gessner (eds.), Globalisation and Resistance. Law Reform in Asia Since the Crisis, Hart Publishing, Oxford 2007, 1 - 24 (together with Volker Gessner).

Traditional knowledge and intellectual property rights in Australia and Southeast Asia, in: Christopher Heath, Anselm Kamperman Sanders (eds.), New Frontiers of Intellectual Property Law. IP and Cultural Heritage, Geographical Indications, Enforcement, Overprotection (IIC studies, 25), Hart, Oxford 2005, 37 - 51.

Specialised Intellectual Property Courts in Southeast Asia, in: „… und sie bewegt sich doch!“ – Patent Law on the Move –Festschrift für Gert Kolle und Dieter Stauder zum 65. Geburtstag, Heymanns, Köln 2005, 287 - 299.

Folklore Protection in Australia - Who is expert in Aboriginal tradition?, in: Elke Kurz-Milcke, Gerd Gigerenzer (eds.), Experts in Science and Society, Kluwer Academic/Plenum, New York 2004, 85 - 103.

Journal Articles

Farmer-Plant-Breeders and the Law on Java, Indonesia, Critical Asian Studies 52, 4 (2020), 589 - 609 (together with Yunita T. Winarto, Adlinanur F. Prihandiani). DOI

• In the last two decades, some Javanese rice farmers have learned to be plant breeders with the help of Farmer Field Schools for Participatory Plant Breeding. However, they have experienced problems with seed and intellectual property laws primarily focused on the strengthening of the seed industry and compliance with development plans. A number of farmers have been prosecuted for experimenting with seeds, prompting a partly successful challenge to relevant provisions in Indonesia’s Constitutional Court. Subsequent legislative changes have restored some farmers’ rights, but also brought new reporting requirements and limitations. Using James Scott’s concept of “transformative state simplifications,” this article shows that legal challenges to regulations are just one strategy of self-help. The political reform process and possibility for constitutional challenges have opened up space for debates about how farmers can benefit from laws that seek to regulate their cultivars. The United Nations Declaration on the Rights of Peasants and other developments are likely to intensify discussions about what precisely various laws mean by their encouragement of “small farmer varieties,” “food sovereignty,” and a “sustainable agricultural cultivation system.”

Well-known trade marks, foreign investment and local industry: A comparison of China and Indonesia, Deakin Law Review 20, 2 (2015), 185 - 219 (together with Kui Hua Wang).

• Strengthened protection for well-known trade marks in accordance with the TRIPS Agreement is an important issue for developing countries, which has led to trade pressures from industrialised nations in the past. 'Trade mark squatting', referring to the registration in bad faith of foreign well-known marks in order to sell them back to their original owners, is a much discussed phenomenon in this context. This article outlines the history and development of well-known trade marks and the applicable law in China and Indonesia. It looks not just at foreign and international brands subjected to 'trade mark squatting', but also at how local enterprises are using the system. Rather remarkably in view of the countries' turbulent histories, local well-known marks have a long history and are well respected for their range of products. They are not normally affected by the 'trade mark squatting' phenomenon and are rarely the subject of disputes. Enhanced protection under the TRIPS Agreement is especially relevant for international brands and the article shows the approaches in the two countries. In China, government incentives assist the proliferation of nationally well-known and locally 'famous' marks. In Indonesia, lack of implementing legislation has left the matter of recognition to the discretion of the courts.

Asian Borderlands and the Legal Protection of Traditional Knowledge and Traditional Cultural Expressions, Modern Asian Studies 47, 4 (2013), 1 - 31. DOI

At the crossroads: The legal protection of traditional knowledge, traditional cultural expressions and cultural heritage in Southeast Asia, Law in Context 29, 1 (2013), 74 - 94.

The Germania 3 decision translated: The quotation exception before the German Constitutional Court, EIPR 35, 11 (2013), 646 - 657 (together with Elizabeth Adeney).

A Critical Juncture for Intellectual Property, Australasian Science 33, 8 (2012), 4.

Geographies of Knowledge: Cultural Diffusion and the Regulation of Heritage and Traditional Knowledge - Cultural Expressions in Southeast Asia, The WIPO Journal 4 (2012), 76 - 84.

Plant variety protection and traditional agricultural knowledge in Southeast Asia, The Australian Journal of Asian Law 13, 1 (2012), 1 - 23 (together with Rajeswari Kanniah).

Sui Generis Protection for Plant Varieties and Traditional Knowledge in Biodiversity and Agriculture - the International Framework and National Approaches in the Philippines and India, Indian Journal of Law and Technology 6 (2010), 89 - 139.

Appreciating Different Knowledge Systems - Collaboration Needed to Promote Traditional Knowledge, Sangsaeng 27 (2010), 44 - 46.

The role of traditional knowledge and access to genetic resources in biodiversity conservation in Southeast Asia, Biodiversity and Conservation 19, 4 (2010), 1189 - 1204.

The recognition and protection of well-known trade marks in Indonesia, Journal of intellectual property law & practice 3, 3 (2008), 185 - 193.

National Bans for You Tube: The Debate in Thailand in comparison with India, Turkey and Germany, Computer law review international 9, 1 (2008), 1 - 6.

Traditional knowledge, biological resources and intellectual property rights in Asia: The example of the Philippines, Forum of International Development Studies 34 (2007), 1 - 18.

Sui Generis Protection for Plant Varieties and Traditional Agricultural Knowledge: The example of India, EIPR 29, 12 (2007), 480 - 485.

Courting Kazaa - Judicial Approaches Towards P2P Networks in the US and Australia, Computer law review international 7, 3 (2006), 70 - 76.

Opinions

Doing Business in Indonesia: Enforcement of contracts in the general courts and the creation of a specialized Commercial Court for intellectual property and bankruptcy cases., 2007, 27 pp.