Journal of Intellectual Property Rights

Miranda Risang Ayu Palar ¹, Dadang Epi Sukarsa ², Ahmad M. Ramli ¹

Affiliations
1 Dept. of Law on Information Technology & Intellectual Property, Universitas Padjadjaran, Raya Bandung Sumedang KM.21, Hegarmanah, Jatinangor, Kabupaten Sumedang, Jawa Barat 45363, ID
2 Dept. of Law on Environment, Spatial and Land, Universitas Padjadjaran,Raya Bandung Sumedang KM.21, Hegarmanah, Jatinangor, Kabupaten Sumedang, Jawa Barat 45363, ID

Abstract

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.

Keywords

Geographical Indications, Genetic Resources, Traditional Knowledge,Traditional Cultural Expressions, WIPO, TRIPS Agreement, Indonesian Law Number 20, Lisbon Agreement for the Protection of Appellations of Origin, Book of Requirements, Indonesian Trademarks Appeal Commission, indication of source, Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, 1891, Paris Convention for the Protection of Industrial Property, Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits, the Bill of Indonesian Government Regulation on Traditional Cultural Expressions, 2018, Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications.

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