Geographical Indications Law in Indonesia
Here's a comprehensive overview of Geographical Indications (GI) Law in Indonesia:
🇮🇩 Geographical Indications Law in Indonesia
1. Legal Framework
The legal basis for GI protection in Indonesia is found in:
Law No. 20 of 2016 on Trademarks and Geographical Indications (UU No. 20 Tahun 2016).
Government Regulation No. 51 of 2007 on Geographical Indications (Peraturan Pemerintah No. 51 Tahun 2007).
Administered by the Directorate General of Intellectual Property (DGIP) under the Ministry of Law and Human Rights.
2. Definition
A Geographical Indication is a sign indicating the origin of a good, which due to its geographical environment (including natural and human factors), has a specific quality, reputation, or other characteristics.
GIs are distinct from trademarks and cannot be licensed or transferred, except with the product itself.
3. Eligible Products
Agricultural products
Foodstuffs
Handicrafts
Industrial products
Examples: Kopi Gayo (Gayo Coffee), Bali Amed Salt, Muntok White Pepper, Lombok Sumbawa Honey
4. Application Requirements
Applications must include:
The name of the GI
Description of the product, production process, and geographic boundaries
Explanation of the link between the product's qualities and its origin
Technical specifications and quality control mechanisms
Applicants must be:
A group of producers, cooperatives, or government institutions involved in the production of the GI goods.
5. Registration Process
Submit application to DGIP.
Formal examination.
Substantive examination (including possible field visits).
Publication for opposition (3 months).
Issuance of GI certificate if no opposition or after opposition resolved.
6. Duration of Protection
Indefinite, as long as the specific characteristics linked to the GI are maintained.
Subject to periodic inspection and compliance with product specifications.
7. Enforcement
Unauthorized use of a registered GI is prohibited.
Infringement can be subject to civil and criminal penalties.
Enforcement is supported by local authorities and DGIP.
8. International Commitments
Indonesia is a member of:
World Trade Organization (WTO) – complies with TRIPS Agreement.
ASEAN Framework Agreement on Intellectual Property.
Signatory to various FTAs that include GI protection clauses.
Efforts are ongoing to register Indonesian GIs internationally, especially in the EU and ASEAN countries.
9. Promotion and Protection Initiatives
Government actively supports GI development to promote rural economic development and cultural heritage.
Indonesia has one of the most active GI systems in Southeast Asia, with over 100 registered GIs.
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