Abstract
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. Key Words: geographical indications, legal standing, madura tobacco.
Highlights
IntroductionLaw No 15 of 2001 on Trademarks (hereinafter referred to the Trademark Law of 2001) and Government Regulation No 51 of 2007 on Geographical Indications (hereinafter referred to the PP of Geographical Indications) authorizes the right to the 'institution' in the area as the party that can represent local communities to register a potential superior product protected by geographical indication
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 show that in Bangkalan area has many potential products that can be registered as a geographical indication, such as: craft whip, durian, bark, and batik, but all of that are still unregistered as a protected geographical indication products
Summary
Law No 15 of 2001 on Trademarks (hereinafter referred to the Trademark Law of 2001) and Government Regulation No 51 of 2007 on Geographical Indications (hereinafter referred to the PP of Geographical Indications) authorizes the right to the 'institution' in the area as the party that can represent local communities to register a potential superior product protected by geographical indication. Local institutions, both governmental and nongovernmental, local government (including the related agencies), consumers who are care and has taste for products and community groups or associations that facilitate the activities of the cultivation of tobacco plant products as good or excellent in Madura, especially in Pamekasan and Sumenep which are expected to be the legal standing to represent the region to register the tobacco products through the regime of geographical indications. Tobacco is one of the flagship products in Madura, especially Pamekasan tobacco which has typical characteristics and a semi-aromatic which is different with the type of tobacco from other areas
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