Geographical indication protection for non-agricultural products in Indonesia

Palar, Miranda Risang Ayu; Ramli, Ahmad M.; Sukarsa, Dadang Epi; Dewi, Ika Citra; Septiono, Saky

doi:10.1093/jiplp/jpaa214

Cited by 4 publications

(4 citation statements)

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“…Examples of goods classified as geographic indications include coffee, agricultural products, herbs and spices, fruits, woven goods, tobacco, and mixed commodities. In Indonesia, registration of geographic indications has been accepted for wine and spirits, cheese, and silk (Palar et al, 2021). In addition, Indonesia has adopted the TRIPS system alongside its domestic framework for protecting G.I The TRIPS system recognizes reputation, quality, and specific attributes as interconnected factors, reflecting international standards for G.I protection.…”

Section: Indonesia Prevailing Lawsmentioning

confidence: 99%

Preserving Indigenous Cultures: Analyzing Geographical Indication Registration for Indigenous People Protection in Indonesia

Gultom¹,

Wartini²

2023

JJR

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Geographical indication (“G.I”) is a designation that indicates the unique and original qualities of a product originating from a particular geographical location. The human factor (Indigenous people) plays a big role in the creation of a geographical indication, in addition to environmental and geographical factors. Preserving the intellectual property rights of Indigenous People through G.I will result in a more advantageous impact on their community, especially for those who rely on G.I products for their livelihood. This not only safeguards their cultural identity and dignity but also enables them to benefit from the commercial value of their intellectual property, whether through direct sales or licensing agreement. Indonesia have ratified the International regulation and issued Law No. 20 of 2016 concerning Trademark and Geographical Indications. The purpose of this research is to evaluate and examine the current status of geographical indication protection in Indonesia and assess if it is being implemented in line with the expectations set forth in the relevant legislation based on the supportive data and previous cases. The paper will then illustrate the impact and advantages for Indigenous communities in preserving and registering their geographical indications, using examples of successful geographical indication registrations from around the world. The type of research method is normative while the approaches employed are statutory and conceptual approaches with an analytical and descriptive research design. Based on the research conducted, the legal framework for protecting G.I has been sufficiently established but the government has not fully prioritized based on the data presented and cases documented. This paper will present several recommendations for the government and other relevant stakeholders.

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Section: Indonesia Prevailing Lawsmentioning

confidence: 99%

Preserving Indigenous Cultures: Analyzing Geographical Indication Registration for Indigenous People Protection in Indonesia

Gultom¹,

Wartini²

2023

JJR

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“…The Government Regulation is carried out as the technical regulation based on Article 56 paragraph (9) Law No 20 Year 2016. Under this consideration, the government then enacted Government Regulation Number 51 Year 2007 on Geographical Indication.…”

Section: ) Government Regulation Number 51 Of 2007 On Geographical In...mentioning

confidence: 99%

“…However, it is noted that to ensure adequate legal certainty, the GIs system protection is regulated by registration, without limiting the term protection period, and is valid as long as the characteristics and or qualities become essential protection still exists. Thus, it can be said that the system protection of GI in Indonesia is still declarative [9]. Characteristics and qualities as the basis for the protection of the GI are stated in the Book of Requirements.…”

Section: ) Government Regulation Number 51 Of 2007 On Geographical In...mentioning

confidence: 99%

“…In terms of opportunity, the article argues that the major challenge in implementing GI protection for Robusta coffee in Lampung is a lack of a sense of necessity. This may be observed in the constraints that the community does not grasp the importance of GIs and that there is no program of label stakeholders that refers to efforts to protect Gis [9].…”

Section: ) Robusta Coffee Gi's Challenge Using Roccipi Analysismentioning

confidence: 99%

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Challenges of Geographical Indication in Indonesia: A Study from Lampung Province

Putri¹,

Putri²,

Pandjaitan³

2023

Advances in Social Science, Education and Humanities Research

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Law No. 20 of the Year 2016 on Trademark and Geographical Indication (GI) recognizes GI as a sui generis system in Indonesia. GI is a method for promoting Indonesia's distinctive geographically related products in the international market. Hence, GI certification is essential to provide legal protection and increase the holder's economic value. However, the registration to certify these GI products encountered several challenges, resulting in downsides and consequently affecting the low level of GI development in Indonesia. Lampung, a province with a GI product in the form of Robusta coffee, has similar challenges in its efforts to produce GI-certified products. The high-cost registration, poor management of GIs potential product, and other significant factors are considered as one the fundamental issues in developing GIs in Lampung. This article aims to highlight challenges in evolving GIs management in Indonesia and specifically Lampung province from 'start-scale' to a higher level to determine a solution in the future. The research method used in this study is a normative-empiric approach with primary and secondary data sources. The article uses literature data supported by interviews with stakeholders and related parties. The result of the study shows that the prevailing challenges of GIs management are deficient coordination between stakeholders, lack of proper understanding of the GI concept, and lack of consistency from the GIs Association worsened by the inadequacy of future planning.

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Sustainable aquaculture to ensure coexistence: Perceptions of aquaculture farmers in East Kalimantan, Indonesia

Lukman

Uchiyama

Kohsaka

2021

Ocean & Coastal Management

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Geographical indication protection for non-agricultural products in Indonesia

Cited by 4 publications

References 0 publications

Preserving Indigenous Cultures: Analyzing Geographical Indication Registration for Indigenous People Protection in Indonesia

Preserving Indigenous Cultures: Analyzing Geographical Indication Registration for Indigenous People Protection in Indonesia

Challenges of Geographical Indication in Indonesia: A Study from Lampung Province

Sustainable aquaculture to ensure coexistence: Perceptions of aquaculture farmers in East Kalimantan, Indonesia

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