The Urgency of Geographical Indication as a Legal Protection Instrument Toward Traditionalknowledge in Indonesia (original) (raw)
Related papers
2018
Geographical Indications are the Intellectual Property Rights' system protecting a sign attached to a good or service indicating its geographical origin. A Geographical Indication is the only conventional intellectual property subject matter where the right holder is an entire community rather than an individual. The communal nature of rights to community property such as genetic resources, traditional knowledge and traditional cultural expressions makes obtaining protection difficult under conventional intellectual property regimes where rights holders are conventionally individuals. This article considers Geographical Indications as a promising legal option and responds to the need for pragmatic legal means by which Indonesian products embodying genetic resources, traditional knowledge and/or traditional cultural expressions may enjoy protection within Indonesia's current Intellectual Property System. The main questions posed include the following: does the Geographical Indication Protection System in Indonesian Law Number 20 of the Year 2016 sufficiently protect all products deriving from or associated with genetic resources, traditional knowledge and/or traditional cultural expressions? How should this system be positioned relative to other pertinent Laws and regulations dealing with the same matter(s)? Should another Law or regulation be added or considered in order to strengthen protection? This article aims to provide answers by analysing results from literature and empirical studies. Data from literature studies were obtained from primary and secondary legal resources, in particular from Laws and implementing regulations, as well as various published research on protected products. Data from empirical studies consists of qualitative data gathered through direct observations and non-structured interviews. Results of these studies demonstrate Geographical Indication systems can be used to protect some but not all products associated with or derived from genetic resources, traditional knowledge and/or traditional cultural expression. Geographical Indication protection should therefore be exercised in addition to other Laws and implementing regulations specializing in safeguarding and protecting genetic resources, traditional knowledge and/or traditional cultural expressions.
Legal Instrument for Protection of Geographical Indication Product in Indonesia
Journal of Humanity, 2013
As an archipelago country, Indonesia comprises of a large territory where every region is capable of producing distinctive and characterized products due to its geographical, social, and cultural factors, in addition to its higher quality compared to imported products. In the market, goods with distinct characterization as a result of various geographical locations of production regions is known as Geographical Indication Products. Geographical Indication defines as a characterization that indicates the origin of a product, which includes several influencing factors such as geographical factor, natural factor, human factor or the combination of both factors which eventually contribute to establish a certain distinction and quality upon a product. Several geographical indicated products in Indonesia are widely known to have excellent reputation on the market, namely Delinese tobacco, Temanggung tobacco, Ciancur rice, Muntok white pepper, Lampung black pepper, Kerinci cinnamon, Cilemb...
Pulut Mandoti: Potential GI of Enrekang Regency in Indonesia
JIPR Vol.24(5-6) [September-November 2019], 2019
Geographical indication is one of the forms of intellectual property right that member countries of the World Trade Organisation (including Indonesia) endeavour to protect. Pulut Mandoti is a rice variety grown in Enrekang regency, South Sulawesi Province of Indonesia. This rice variety has specific properties that differentiate it from other varieties, such as its distinctive aroma that smells like fragrant pandan leaves and its taste. For this reason, this rice variety is preferred by local and international consumers. Also, if this rice variety is grown elsewhere, it will not possess the same aroma. As a result, it has a higher market value than other varieties. In this regard, this study aims to explore the use of geographical indication for Pulut Mandoti to improve the economic condition of local farmers in Enrekang District.The research is a legal research using normative and empirical approaches. The data were analysed by qualitative and descriptive analysis techniques.The conclusion of this research is as follows: The realisation of legal protection in the form of registration of geographical indication for Pulut Mandoti on behalf of the local Pulut Mandoti farmers will improve the economic condition of the community.
Proceedings of the 1st Tidar International Conference on Advancing Local Wisdom Towards Global Megatrends, TIC 2020, 21-22 October 2020, Magelang, Jawa Tengah, Indonesia, 2021
The purpose of this research is to find out the legal protection of geographical indications from the perspective of the Geographical Indication Law in Indonesia. Indonesia has many potentials for biodiversity. There are several regional products in Indonesia have been known by international markets so that they have a high economic value, which needs to be followed by legal protection. Indonesia has ratified several international conventions into Laws, including the TRIPS Agreement, the Convention on Biological Diversity, the Treaty on Plant Genetic Resources for Food and Agriculture (TPGRFA) which should protect all potential Geographical Indications Indonesia at the level of international trade. The research method in this scientific paper was normative legal research using some approach, namely: Statute Approach, Conceptual Approach, and Comparative Approach. Intellectual Property Right is part of human rights, which included in the economic, social, and cultural fields. In Indonesia, the regulation and legislation concerning HKI have been changed several times. The latest laws and regulations are as follows: UU Number 20, 2016, concerning the trademarks and Geographical Indications. Geographical indications are a sign that indicates the area of origin of an item or product due to geographical, environmental factors including natural factors, human factors or a combination of these two factors which provide certain reputation, quality, and characteristics on the goods or products produced. Legal protection is divided into preventive legal protection and repressive legal protection.
SASI
Introduction: Characteristics of Indigenous Peoples in managing this natural potential has relevance to optimizing the potential of geographical indications. Even so, legal problems occur when in positive law in Indonesia there is no regulation regarding the participation and role of the Customary Law Community in optimizing geographical indications.Purpose of The Research: This research aims to regulatory orientation and formulation regarding the participation of Indigenous Peoples in optimizing the potential of geographical indications.Methods of Research: This research is a normative legal research with a concept and statutory approach. The analysis is carried out by carrying out an inventory of legal materials, then proceed with the reduction process (sorting) according to the needs in the selection, and ends with conclusions.Results of the Research: The participation of the Indigenous Peoples in optimizing the potential of geographic indications can actually be carried out by i...
2021
This study discusses the potential protection of Geographical Indication (GI) towards natural resources as the national or state assets, the right of the local community to the economic or commercial values of the geography from their region. Analyzing federal laws and international legal agreements related to the Geographical Indication that adopts the fairness concept approach emphasizes fairness, equal opportunity, and reciprocity. Currently,GI protection has discriminated in terms of the safety of GI merely protects agriculture resources oar yields, processed products, handmade or other natural resources products. The product is related more to mark. Nevertheless, GI is only associated with geography characteristics, qualities and reputations and local community of all-natural resources,i.e. rattan as the state assets which should be protected. This study finds that fairness demands Geographical Indication protection law that gives optimal protection to national assets, equal justice, and provides Indication to the area with high economic and community.
Indonesian Crafts: The Overlooked Potential of Geographical Indication
International Journal of Culture and History (EJournal), 2016
Geographical Indication (GI) is created to protect a product based on its geographical location that is prone to free-riding, and also to protect the culture and the customer. Indonesia has regulated GI since 1997, but the number of the registered craft products did not increase significantly until 2015. By examining the regulations from the cultural ownership perspective, this study founds the Indonesian crafts' potentials behind the implementation of GI regulation, which needs the collaboration from various actors to solve the challenges.
LEGAL PLURALISM OF SPATIAL RIGHTS OF INDIGENOUS PEOPLE IN ARCIPELAGIC PROVINCE IN INDONESIA
Conditional recognition of customary law communities and their traditional rights in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia weakens the position of indigenous peoples in the fulfillment and protection of spatial planning rights as the operationalization of beschikkingrecht from the values of justice and welfare which are the goals of national development. This research is normative legal research that analyzes customary law community rights in living space as regulated in Law Number 26 of 2007 and Law Number 27 of 2007 based on the theory of legal pluralism. The results of the study show that (1) the relationship between the customary law community and the living space is magical and religious, which creates awareness of adaptation to maintain the balance of the cosmos through devotion/can in the form of rituals that are adhered to based on customary values (customary decisions) regarding the right to regulate, organize allotments and use and maintain the sustainability of living space, an ancestral heirloom. (2) The management of the living space and resources of the indigenous peoples of the archipelagic province in Indonesia reflects weak legal pluralism. Therefore it is necessary to recognize the customary law communities through harmonization and formulation of norms for the recognition of customary law communities, territories, rights of legal subjects, as well as the concept of one map in the revision of the Spatial Planning Law and the Employment Creation Law as well as encouraging the acceleration of the bill on customary law communities as lex specialis for the recognition and protection of indigenous peoples in Indonesia.
2019
Geographical Indications (GIs) are considered as the Sleeping Beauty of the intellectual property (IP) world, there has been a widespread literature on the international protection of GIs.GIs are a form of collective IP through which, it is anticipated, producers can capture the place-related value embodied within a product. As such, they are often promoted as a development initiative for lagging rural communities to improve livelihoods and alleviate poverty. This paper applies the concepts of value capture and strategic coupling from the Global Production Networks (GPN) literature to assess the developmental impacts of formally-registered (protected) GIs especially, in the Indonesian coffee sector. Based on an assessment of indicators along a logical impact pathway, this study finds there is no reliable and credible evidence, and a limited likelihood, of tangible economic benefits for coffee growers resulting from current GIs in Indonesia, at least in the immediate future. This poo...
Jurnal Magister Hukum Udayana (Udayana Master Law Journal)
The Kain Tunun Gringsing Bali is a cultural heritage of the people of Tenganan Pegringsingan Village and has a philosophical value and sacred meaning behind every motif of the Balinese Tunun Gringsing cloth. In October 2016 the government has issued a Geographical Indication Protection certification for the Bali Gringsing Tunun Fabric. The purpose of writing this paper is to examine the granting of Geographical Indication Certificates to Bali Gringsing Tunun Fabrics both in terms of production and sales. The research in this article uses empirical legal research methods. The results of the study found that the evaluation after obtaining a protection certificate showed that there was no significant impact on the productivity of the Balinese Tunun Gringsing fabric craftsmen. This is due to the lack of socialization after and data collection so that it cannot be done in a concrete way the perceived impact of getting the exclusive right to protect the geographical indications of the Kai...