Geographical Indication Legal Protection Efforts of Non-Rattan Wood Forest Products as Indonesia's Natural Wealth (original) (raw)
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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...
LAW REFORM
Produk pengetahuan tradisional yang bercirikan kondisi geografis merupakan aset yang bernilai ekonomis dan spiritual bagi masyarakat daerah tersebut. Potensi penyalah gunaan terhadap barang indikasi geografis memerlukan suatu perangkat hukum yang bersifat memberikan perlindungan. Indikasi Geografis (IG) merupakan salah satu instrument kekayan intelektual yang mempunyai ciri khas tersendiri. Penelitian ini bertujuan untuk mengkaji pengaturan Indikasi geografis di tingkat nasional dan internasional dan implikasi Indikasi geografis terhadap para stakeholder dan bentuk ideal pengaturan IG di Indonesia. Penelitian ini menggunakan metode yuridis normative dan studi komparatif. Hasil penelitian menunjukan bahwa pengaturan IG yang diterapkan di Indonesia menganut system penggabungan dengan pengaturan merek. Implikasi pendaftaran IG membawa dampak komprehensif pada bidang ekonomi dan alat legitimasi terhadap pengetahuan tradisional. Berdasarkan perbandingan perlindungan Indikasi geografis di...
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.
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.
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...
AIP Conference Proceedings
When a product, handicraft or agricultural product, which has distinctive characteristics, and can be distinguished from products from other regions, which is influenced by geographical factors and human factors, then the product can be categorized as a geographical indication product. The benefits of geographical indications are believed to have a positive impact, especially in terms of economic and social aspects. Socially, geographical indications are able to develop local communities. Economically, geographical indications are able to provide welfare for local communities. This article is the result of research using normative juridical research. This type of research is qualitative research. The data collected in this study consisted of primary data and secondary data. Primary data is primary legal material, namely in the form of norms or basic rules and legal doctrines and laws and regulations related to the research theme. Secondary legal materials are books related to the research theme in the form of research results, reports, articles in the mass media and the internet, seminar results, or other scientific meetings relevant to this research. The purpose of this study is to analyze the potential economic value of geographically indicated products and to analyze the strategies adopted to increase the economic value of geographically indicated products in order to be able to provide welfare for local communities. This article will discuss the analysis of the existing economic value of geographical indication products and appropriate strategies to increase the economic value of geographical indication products. Not all geographical indication products are able to provide economic value that can directly generate prosperity for local communities. There needs to be a strategy that is carried out, not only by the people who own geographical indication products, but also the Indonesian government and various other related parties, such as academics and business actors.
Proceedings of the 4th International Conference on Indonesian Legal Studies, ICILS 2021, June 8-9 2021, Semarang, Indonesia, 2022
Geographical indications in Indonesia start to work well, marked by almost every year there is an increase in geographic indication registrations. There are about 92 geographic indications registered at the Directorate General of Intellectual Property Rights of the Ministry of Law and Human Rights. However, when we refer to Muntok White Pepper which is the only registered geographical indication from Bangka Belitung Islands, questions arise related to guidance in the form of mapping the potential products of geographic indication, especially those carried out by local governments in Bangka Belitung Islands. This is juridical empirical research which analyzes and examines the work of law in the midst of society, especially the role of local government in the process of implementing legal rules. From the results of the research, each local government in Bangka Belitung Islands in general has been done it both regional government and city government, but it has not done optimally and seriously. It is caused by the mapping which has not touched the potential product if geographical indication directly, conducting by many agencies, the problem of main task and function which specifically does not take care of intellectual property, added by the lack of competent human resources in the field of intellectual property in legal department of regency/city government.
CHARACTERISTICS PROTECTION OF MADURA TOBACCO THROUGH THE GEOGRAPHICAL INDICATIONS REGIME Ω
Madura Tobacco has typical characteristics which are grow in the area of Madura, especially in Pamekasan and Sumenep area. The different specificity of the Madura tobacco with tobacco in other regions makes tobacco has the potential to get the protection of geographical indications as one of the intellectual property rights regime. Issues of the research focused on the importance of geographical indications for typical regional products, local institutional role in protecting regional superior products and local institutional constraints that exist in Pamekasan and Sumenep area as legal standing in an effort to protect the tobacco through the regime of geographical indications.This study is an empirical research with qualitative approach and research located in Madura, especially in Pamekasan and Sumenep area. The results showed that geographical indications can provide local products a protection, local agencies in the area of research references tend to be dormant and do not understand the potential protection of geographical indications for tobacco. Political will of the Local Government is the key word in the protection of geographical indications based on regional products. Abstrak Tembakau Madura memiliki karakteristik khas yang tumbuh di wilayah Madura, khususnya Kabupaten Pamekasan dan Sumenep. Kekhasan tembakau Madura yang berbeda dengan tembakau di wilayah/daerah lainnya memberikan pertimbangan bahwa tembakau berpotensi untuk memperoleh perlindungan indikasi geografis sebagai salah satu rezim hak kekayaan Intelektual. Isu penelitian difokuskan pada arti penting indikasi geografis bagi produk khas daerah, peran kelembagaan lokal dalam melindungi produk unggulan daerah serta kendala kelembagaan lokal yang ada di daerah Kabupaten Pamekasan dan Sumenep sebagai legal standing dalam upaya melindungi tembakau melalui rezim indikasi geografis. Penelitian ini merupakan penelitian empiris dengan pendekatan secara kualitatif dan lokasi penelitian di wilayah Madura, khususnya Kabupaten Pamekasan dan Sumenep. Hasil penelitian menunjukan bahwa indikasi geografis dapat memberikan perlindungan produk lokal daerah, lembaga lokal di wilayah rujukan penelitian cenderung mati suri dan tidak memahami adanya potensi perlindungan indikasi geografis untuk tembakau. Political will Pemerintah Daerah merupakan kata kunci dalam perlindungan produk daerah berbasis indikasi geografis.
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.
Geographic Indications for Javanese Teak: A constitutional change
2006
The central issue addressed in this paper is whether Geographic Indication as a tool can be applied to encourage some furniture industries and teak producers to take a collective action in improving teak product quality and increasing global market competitiveness. This paper will explore the possibility of implementing GI on teak as a mean to improve local community rights to manage teak resources, Perum Perhutani revenues and the perception of teak wood products on National and International markets, employment in furniture industry. The paper also discusses the institutional arrangement to enable GI implementation on teak.