Geographical Indications Protection Under The New Regulation In Indonesia

Abstract

Since Geographical Indications are set out in the TRIPs Agreement, Indonesia as a member of the WTO has established a regulation on Geographical Indications in national law. The regulation of Geographical Indications for the first time stipulated in Law of the Republic of Indonesia Number 14 of 1997 concerning Trade Mark. After several changes, finally Law of the Republic of Indonesia Number 20 of 2016 concerning Trade Mark and Geographical Indications superseded the previous trade mark law. The title of this statute separates the term between trade mark and geographical indications, is it correct? This paper examines the normative provisions on geographical indications in that statute and examines the practice of registration of geographical indications product which is originating from Lampung Province. The result shows that there are not so many changes which are regulated by the new Indonesian Trade Mark Law and moreover in the process of registering Geographical Indications are still associated to the registrations of trade mark. The practice of geographical indications registrations are taken a long time and complicated.