Protection of Communal Intellectual Property Rights Through Geographical Indication System
DOI:
https://doi.org/10.35586/velrev.v5i2.4512Keywords:
Intellectual Property Rights, Communal, Geographical IndicationAbstract
This study aims to protect the original product/goods related to geographical conditions due to natural and/or human factors to be registered for protection through a Geographical Indication system that can be owned by the community communally. The research method used is normative juridical using secondary data. The law can be one of the tools to protect the regime of Geographical Indications by way of registration as regulated in Law Number 20 of 2016 concerning Marks and Geographical Indications. Article 53 reads: "Geographical Indications are protected after Geographical Indications are registered by the Minister". The main function of law is to protect the interests that exist in society. According to Roscou Pound, there are three interests that must be protected by law, namely: public interest, individual interest and interest of personality. Although most intellectual property rights protect individual property rights and individual interests, geographical indications are one that can be categorized as communal property rights.
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References
Books:
Ahmad Ramli, Miranda Risang Ayu Palar, and the Research Team, Intellectual Property Law (Geographical Indications and Tradition Wealth in Theory and Practice), First Edition, Bandung: PT Refika Aditama.
Landes, WM, & Posner, RA, (2003), The Economic Structure of Intellectual Property Law. Harvard University Press.
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Journals:
Apriansyah, N, “Protection of Geographical Indications Within the Scope of Improvement of Regional Economy”, De Jure Journal of Legal Research, Vol 18, No 4, (2018).
Ayu Palar, MR, Ramli, AM, Sukarsa, DE, Dewi, IC, & Septiono, S, “Geographical Indication Protection for Non-Agricultural Products in Indonesia”, Journal Of Intellectual Property Law & Practice, Vol 16, No 4-5, (2021): 405-414.
Djaja, H, “Protection of Geographical Indications on Local Products in the International Trade System”, Journal of the Horizon of Law, Vol 18, No 2, (2013).
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Laws and Regulations:
Law Number 20 of 2016 concerning Marks and Geographical Indications, Government Regulation Number 51 of 2007 concerning Geographical Indications, Minister of Law, and Human Rights Regulation Number 12 of 2019 concerning Geographical Indications and The Related Aspects of Intellectual Property Rights (TRIPs Agreement).
Website Material:
Purba, AZU, & Zen, A, (2005), International Regulation on Geographical Indications, Genetic Resources, And Traditional Knowledge. In Workshop on The Developing Countries Interest to Geographical Indications, Genetic and Traditional Knowledge, PIH FHUI And Dit. Gen Of IPR's, Dept. Of Law and Human Rights, RI, Jakarta.
Rahmah, M, (2017), Industrial Property Rights Protection of Geographical Indications for Agricultural Products: Scenarios to Support Food Security.
Saky Septiono, (2009), Protection of Geographical Indications and Potential Geographical Indications of Indonesia, Sub-Directorate of Geographical Indications of the Directorate General of Intellectual Property Rights, Ministry of Law and Human Rights of the Republic of Indonesia.
Susiana, S. (Ed.), (2015), Sustainable Development: Social, Economic, And Environmental Dimensions, P3DI Secretariat General of the DPR.
Manullang, EFM (2017). Overview: The Legal System in Indonesia. date.
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Purba, B., Sudarmanto, E., Syafii, A., Nugraha, NA, Zaman, N., Ahdiyat, M., & Umarama, A, (2020), Political Economy: Theory and Thought, Our Writing Foundation.
WIPO, (2021), World Intellectual Property Indicators 2021, Geneva: World Intellectual Property from https//www.wipo.int/edocs/pubdocs/En/Wipo_Pub_941_2021.Pdf
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