Abstract
This work attempts to analyze the implementation of the GI law and regulations in the traditional handicraft industry in Indonesia. We particularly focus on the natural and human factors that are assessed when stakeholders apply for GI registration for their traditional handicraft products. This work also analyzes the books of requirements of five handicrafts with registered GIs in Indonesia. Indonesia’s GI regulations and policies, especially with regard to handicrafts, are compared with those of India and Thailand. The article comprises four chapters. Chapter 1 introduces the topic of this work. Chapter 2 explores the protection of traditional handicrafts through GI systems. Chapter 3 details the GI law and regulations in Indonesia and the traditional handicrafts protected by GI. Chapter 4 analyzes the issue of GI registration for traditional handicrafts in Indonesia, especially the issue of the assessment of natural and human factors. The chapter also covers the comparative analysis of the GI systems implemented in Indonesia, India, and Thailand to protect traditional handicrafts. Chapter 5 summarizes our conclusions and recommendations.
Highlights
Geographical indication (GI)2 is an intellectual property protection system that was launched by developing countries after the establishment of the TRIPS Agreement
We focus on the natural and human factors that are assessed when stakeholders apply for GI registration for their traditional handicraft products
No consensus has been reached with regard to the definitive explanation of handicrafts, but they are generally known to have the following characteristics:13 a) products made by artisans by using hand tools or machines, with the direct manual contribution of the artisans remaining the most important component in their production; b) expressions or representations of artisans’ culture; c) various goods made from raw materials; d) products that are utilitarian, aesthetic, artistic, creative, bound by culture, decorative, functional, traditional, or symbolic and religiously and socially significant; e) products without specific restrictions with regard to production quantity and those without two identical parts
Summary
Geographical indication (GI) is an intellectual property protection system that was launched by developing countries after the establishment of the TRIPS Agreement. GI is used by most developed countries to protect the use of the geographical names embedded in products, such as wines and spirits and agricultural products The quality of these products can be identified and linked to natural factors, including soil, climate, and others, that contribute to the uniqueness of these products’ taste or characteristics. To gain further information regarding this issue, we elaborate the GI laws in India and Thailand in this work These two countries are selected for the comparative analysis because they have registered more handicraft GIs than Indonesia. The chapter covers the comparative analysis of the GI systems implemented in Indonesia, India, and Thailand to protect traditional handicrafts.
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