PROTECTION OF GEOGRAPHICAL INDICATIONS UNDER THE NEW TRADEMARK AND GEOGRAPHICAL INDICATION LAW NO. 20 YEAR 2016.

  • By:Kelvin Wibawa
  • 4 Comments

By: Eliza Trisnawati S.H.

Geographical indications is a signs that indicate the place of origin of goods, which due to the geographical environment, including human or the combination of the two, gives a specific characteristics or quality to the goods produced therein.

Basically, a Geographical Indications might be protected upon registration. Unlike other proprietary intellectual property rights (patents, trademarks, industrial designs, copyrights) of an individual nature, the ownership rights of Geographical Indications is collective based on an application filed by (Article 53 (3)) :

  • An institution that represents the society in the area which produces the goods concerned which include :
    • Natural Resources;
    • Handicraft;
    • Industrial Products.
  • Local Government province or district/city.

Beside, the Geographical Indications can also be registered by International Agreements. This provisions soon will be further regulated under Ministerial Regulation (Article 55). When the geographical indication has been registered, the owner of the geographical indication has an exclusive rights to the relevant geographical indication as long as the reputation, quality, and characteristics on which the protection has been conferred still exist.

Under the new Geographical Indication Law also adds a new type of non-registrable of Geographical Indication. The following are three (3) types of non-registrable of Geographical Indication under the new Geographical Indication Law (Article 56) :

  1. An application of the Geographical Indication may be not registrable if the relevant of Geographical Indication is contrary to the law, against morality, religion, and public order;
  2. Misleading people as of the reputation, quality, characteristics, source of origin, process of production and/or usage;
  3. a name that has been used as a plant variety and used for similar plant varieties, unless there is an additional equivalent of word that show the        element of similar geographical indications.

When the geographical indication has been registered, the owner of the geographical indication has an exclusive rights to the relevant geographical indication as long as the reputation, quality, and characteristics on which the protection has been conferred still exist.

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Comments

4 Responses to “PROTECTION OF GEOGRAPHICAL INDICATIONS UNDER THE NEW TRADEMARK AND GEOGRAPHICAL INDICATION LAW NO. 20 YEAR 2016.”

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