Protection Of Geographical Indications Research Articles (Page 1)

This study explores the importance of protecting the Geographical Indication (GI) of Lamsi Tobacco from Temanggung to safeguard its authenticity and maintain product quality, in accordance with Law Number 20 of 2016 on Marks and Geographical Indications. Lamsi Tobacco is known for its distinctive taste, aroma, and quality, which are influenced by the geographical conditions of Temanggung as well as traditional cultivation practices passed down through generations. However, without legal protection, the authenticity and reputation of this product risk being diminished due to counterfeiting or unauthorized use of its name. The research method employed is normative juridical, which focuses on library research or secondary data by viewing law as a set of written norms enacted by authorized institutions. To strengthen the analysis, this study is also supported by a socio-legal approach that combines legal studies with social sciences so that law is understood not only as written norms but also as a practice that lives within society. The findings indicate that Lamsi Tobacco meets the criteria for Geographical Indication as stipulated in Law No. 20 of 2016 Protection through Geographical Indications not only plays a role in preserving the authenticity and quality of the product but also generates positive economic and social impacts for the community, particularly farmers. Nevertheless, several obstacles remain, such as low legal awareness, administrative difficulties, and the absence of a strong managing institution. Therefore, coordination between the central government, local government, farmer associations, and the community is necessary to realize effective legal protection. Through the registration and protection of Geographical Indications, Lamsi Tobacco is expected to maintain its reputation, increase competitiveness in the market, and make a tangible contribution to the welfare of the Temanggung community as well as the preservation of local culture.

The purpose of this study is to analyze the legal protection of Cirebon Merawit Hand-drawn Batik as a geographical indication product, the challenges and implications of geographical indication protection for craftsmen and the local economy. The method used in this study with a 4-month activity design with a scope related to intellectual property rights in geographical indications, the main materials and tools used are primary data sources, secondary data sources and tertiary data sources. Data collection techniques in the form of interviews and documentation so that the analysis technique is descriptive analytical. The results of this study are an analysis of the legal protection of Cirebon Merawit Hand-drawn Batik as a geographical indication product is to prevent counterfeiting and unauthorized use, increase competitiveness and economic value and maintain the sustainability of local culture and heritage. Then the challenges in the Implementation of Geographical Indication Protection are the lack of awareness and socialization, violations and counterfeiting that still occur and global competition and the implications of Geographical Indication Protection for Craftsmen and the Local Economy are increasing craftsmen's income, local economic development and protection of local community rights.

Geographical indications are a form of intellectual property protection that serve to preserve the authenticity and reputation of a product based on its place of origin. This protection plays a crucial role in maintaining product quality, promoting local economic growth, and preserving the cultural and natural resources unique to a region. This study aims to examine the legal regulations governing geographical indication protection in Indonesia and analyze its implementation in overcoming various challenges. This research employs a normative juridical method by reviewing various laws and regulations, case studies, and the practical application of geographical indication protection in Indonesia. The findings indicate that the protection system for geographical indications is regulated under Law No. 20 of 2016 on Trademarks and Geographical Indications, supported by implementing regulations. However, its implementation still faces obstacles such as low public and business awareness of the importance of geographical indications, a relatively complex registration process, weak enforcement against violations, and competition from imported products that are more accessible and competitively priced. Additionally, this study reveals that government support in terms of assistance, registration facilitation, and promotion of geographical indication products needs further enhancement. Collaboration between local governments, businesses, and communities is essential to ensuring a more effective legal protection system and increasing the economic value of local products registered under geographical indications. Therefore, strategic measures are required to strengthen this protection, including increasing public awareness, refining existing regulations, and leveraging technology to support the registration and monitoring process.With more optimal geographical indication protection, Indonesian local products can achieve stronger competitiveness in both national and international markets. This not only benefits community welfare but also contributes to the sustainability of resources and the cultural values embedded in these products

The growing emphasis on food traceability and authenticity has heightened the demand for advanced analytical techniques capable of verifying both the geographic origin and varietal identity of premium crops. In the Philippine context, ubi ‘Kinampay’ (Dioscorea alata L.) is regarded as a culturally significant and economically valuable commodity, yet remains susceptible to misidentification and economically motivated fraud. Although methods such as X-ray fluorescence (XRF) and stable isotope analysis present viable solutions for forensic verification, their adoption is hindered by the scarcity of skilled practitioners and the absence of formalized training programs. This study responds to that need through the design and evaluation of a competency-based training module tailored for science professionals working in nuclear forensic applications related to agriculture. Drawing on the principles of Mezirow’s Transformative Learning Theory and Kolb’s Experiential Learning Cycle, the training integrates adult learning pedagogies with domain-specific content. A mixed-method developmental research design was employed, combining expert validation via Likert-scale assessment with qualitative insights obtained through thematic analysis of interviews. Results showed consistent strong agreement across key dimensions, including content coherence, instructional design, visual aids, and science identity reinforcement. Qualitative data further emphasized the module’s clarity, scientific accuracy, and relevance to professional practice, while also noting the need for refinements in cognitive load and interface usability. Overall, the module demonstrates both pedagogical soundness and technical validity, positioning it as a scalable solution for institutional capacity-building in agricultural traceability. Strategic recommendations focus on module enhancement and alignment with policy frameworks such as Geographical Indication (GI) protection.

Abstract This Article investigates the interaction between transplanted law and society after legal transplants, focusing on a case study of the changing meaning of geographical indications (GIs) after this legal concept was transplanted from Europe to China. Unlike other studies that assess the feasibility or conditions necessary for successful legal transplants, this Article addresses three specific questions: How did the meaning change after the concept of GIs was transplanted to a new context? Who played a key role in this process of meaning reshaping, and through what initiatives? How is the changed meaning of transplanted law recognized by other actors, particularly those from the law’s original jurisdiction? This Article argues that the interaction between the Chinese traditional concept of regional specialties and the Western concept of GIs is a co-evolving and co-adapting dynamic. Considering that China has abundant regional specialties from its traditional tributary system, which reflects the place–product–reputation link, the Chinese GI system mixes shades of transplanted meaning with some local elements. On the one hand, the local concept of regional specialties has become a foundation for Chinese GI protection; on the other, the original framing of GIs as an intellectual property right has also firmly taken root in China. Furthermore, this Article identifies how Chinese regulators have reshaped the meaning of regional specialties and GIs through three strategies: familiarizing the unfamiliar, upholding a rights-based system, and deconstructing the meaning of tributes. These strategies have enhanced public understanding of foreign law, promoted domestic use of GIs, and mitigated the impacts of possible negative connotations of tributes. This Article further illustrates the pragmatism of the European Union, as the original jurisdiction of GI law, in accepting the meaning of GIs, as reshaped China, through a mutual recognition agreement. This Article contributes a micro-approach to the existing literature on law and society interactions after legal transplants, shedding light on the complexities of engagement between law and culture, discourse, state power, and economic interests in the process of legal transplants.

Abstract Geographical indications (GIs) are considered as a viable instrument for sustainable development. The African Continental Free Trade Area (AfCFTA) Protocol on Intellectual Property Rights marks a turning point in the pursuit of IP harmonization for African countries to facilitate and deepen intra-African trade. In Article 9 (1) it obliges parties to provide GI protection through sui generis systems and the option of additional legal means of protection through certification marks, collective marks or unfair competition laws. This provision affirms the existing practice with countries using trade mark and consumer protection laws to protect origin-linked goods or sui generis systems such a specific GI legislation. The question, however, remains as to what extent African countries have achieved progress in their sustainable development and food security goals through deploying either of the legal protection mechanisms, and whether the specific form of legal protection has had any impact on the origin-linked goods. Several initiatives have led to the registration of some GI in Africa. This article analyses the nature of regional initiatives for the registration of origin-linked goods and examines the challenges and gains of the registration of origin-linked goods using two case studies from Cameroon and South Africa to assess whether the origin-linked goods derived any (dis)advantage based on the specific type of legal protection model.

This research explores the development of innovative traditional knowledge aimed at addressing the intellectual property (IP) rights of indigenous peoples and local communities. As a regional initiative, supported by the World Intellectual Property Organization (WIPO) and its partners, it seeks to empower these communities in documenting, digitizing, and managing their cultural heritage on their own terms. Licensing and labelling frameworks are introduced to cater to the specific access and management requirements of indigenous, local, and traditional communities, offering standardized procedures and cultural heritage models. From a cultural research perspective, the study highlights batik as a representation of Indonesia’s cultural identity, emphasizing its ancestral significance and unique characteristics that distinguish it from other cultures. Using a normative, literature-based research method, this study underscores the importance of IP protection for the growth of Indonesia’s economy and the preservation of its cultural diversity. By safeguarding traditional knowledge and geographical indications, Indonesia can bolster its global economic and cultural standing. WIPO plays a pivotal role in this process, administering 24 treaties and fostering international cooperation to protect IP rights while promoting cultural and economic development worldwide.

Indonesia’s Geographical Indication (GI) regime exhibits a persistent gap between formal legal eligibility and practical enforceability, particularly in rural contexts where institutional coordination and legal literacy remain limited. The case of Lobong Pineapple, a product with clear geographical specificity and socio-economic potential, underscores the systemic failure of the GI framework to translate normative protection into actionable development. This study aims to critically examine the regulatory and institutional barriers that hinder GI implementation in Indonesia, using Lobong Pineapple as a representative case. Employing a normative legal method complemented by comparative and empirical analysis, this research evaluates Indonesian GI law against successful practices in the European Union. The findings reveal that despite meeting substantive GI criteria, Lobong Pineapple remains unregistered due to administrative inertia, fragmented local governance, and the absence of enabling legal instruments such as a Regent’s Decree and product specification dossier. In contrast, the EU model demonstrates how institutional synergy, community participation, and integration with rural development policies can operationalize GI law effectively. This study offers a novel reconceptualization of GI protection as a transformative legal infrastructure—one that extends beyond protectionist aims to encompass cultural continuity, economic inclusion, and creative innovation. It proposes a shift from centralized, compliance-driven models to adaptive, community-anchored governance frameworks. By advancing this normative and structural critique, the research contributes to the refinement of intellectual property law as a tool for territorially embedded, culturally sensitive, and development-oriented legal reform.

This study aims to analyze the legal protection of Geographical Indications (GI) for Kain Tenun Bima under Law No. 20 of 2016 concerning Trademarks and Geographical Indications, with a focus on the registration mechanism. Kain Tenun Bima, or Tenun Mbojo, is a cultural heritage of the Bima community, possessing high cultural and economic value. However, as of June 2024, this fabric has not yet been registered as a GI, leaving it vulnerable to counterfeiting and misuse by unauthorized parties. The research employs a normative method with a descriptive-analytical approach, examining primary data such as UU No. 20 Tahun 2016 and secondary data from journals, books, and government documents. The findings reveal that Kain Tenun Bima meets all GI criteria, including geographical origin, natural and human factors, and unique characteristics. GI registration offers legal, economic, and cultural benefits, such as protection against counterfeiting, increased market value, and preservation of cultural heritage. The GI registration process involves administrative and substantive stages by the Direktorat Jenderal Kekayaan Intelektual (DJKI),, requiring comprehensive documentation of the product's uniqueness. Challenges in registration include a lack of legal understanding and coordination among stakeholders. Therefore, collaboration between the government, weaving communities, and academics is essential to accelerate the GI registration for Kain Tenun Bima, ensuring legal protection and sustainability as a regional cultural and economic asset.

Geographical Indications (GIs) play a crucial role in preserving traditional knowledge, promoting economic growth, and ensuring fair trade practices. Over the years, GI laws have evolved to address contemporary challenges in domestic and international markets. This article explores the transformation of GI protection from a tool for safeguarding regional heritage to a powerful mechanism for economic development and global trade. It examines recent legal advancements, policy changes, and landmark cases that have influenced GI registration and enforcement.

Geographical Indications (GIs) play a crucial role in safeguarding the unique qualities and reputation of products closely tied to their place of origin, extending beyond mere economic considerations to encompass cultural preservation and the maintenance of traditional production methods. Indonesia's current legal framework faces significant challenges and requires review and potential reconstruction to optimize the system and address complex issues such as the potential conflict between exclusive GI rights and trademark rights. This study employs an empirical juridical approach, utilizing field research based on interviews with key informants, and relies on both primary and secondary materials as its foundational sources. The results show that GIs function as powerful tools for product differentiation in both domestic and global markets, helping to highlight the uniqueness of a product, support local economic sustainability, and provide legal protection for a product's authenticity and reputation. However, Indonesia's efforts to achieve food self-sufficiency and strengthen its GI portfolio are hindered by the complex registration process, lack of legal certainty, and low legal awareness among local communities. Legal reform should aim to align with the socio-economic realities of communities involved in GI production, enabling GIs to serve as both legal identifiers of origin and economic tools that boost the market value of local products in domestic and international trade.

This study examines the determinants of cultivators’ participation in the development of Trigona sp. beekeeping groups in East Belitung Regency. A deductive approach was employed using quantitative descriptive analysis. The research was conducted in East Belitung Regency, Bangka Belitung Islands Province, focusing on Trigona sp. beekeepers who are members of the East Belitung Teran Honey Geographical Indication Protection Society (MPIG). Sampling was conducted through a probability sampling technique, specifically simple random sampling, yielding 135 respondents. Data were collected through surveys using structured questionnaires and interviews with Trigona sp. beekeepers. Data analysis was performed using Microsoft Excel and SPSS software, applying multiple linear regression. The findings indicate that the determinants influencing cultivators’ participation in developing Trigona sp. beekeeping groups in East Belitung Regency, both individually and collectively, include individual characteristics, credibility of information sources, information quality, communication channels, and communication context.

The Paithani saree, an identity of Maharashtra’s textile heritage, holds Geographical Indication (GI) status since 2010, for its exquisite handwoven craftsmanship and distinct aesthetic rooted in centuries-old traditions. Despite its Geographical Indication (GI) status, the authenticity of Paithani sarees is threatened by the proliferation of power-loom imitations that flood contemporary markets, which undermine the craft’s authenticity as well as economic and cultural value. This article examines the heritage of authentic Paithani weaving, the challenges posed by market fakes, and the failure of GI protection and identifies key threats to Paithani’s sustainability and need of preservation of the Indian ancient knowledge. The Paithani handloom represents a living repository of India’s Indigenous Knowledge Systems (IKS), where artistic expression and scientific precision intertwine through the ancient interlocking tapestry technique. Each handcrafted Paithani embodies generations of indigenous technological wisdom, ecological balance, and cultural symbolism. However, the growing influx of power loom imitations threatens to dilute this heritage, eroding the cognitive and aesthetic depth that defines authentic Paithani weaving. Preserving Paithani is thus vital to sustaining not only a textile craft but a profound indigenous knowledge tradition. This paper critically examines the causes behind this failure, including limited legal literacy among artisans, lack of regulatory enforcement, institutional gaps, and most notably, consumer unawareness of what constitutes an authentic Paithani. Field research, interviews with weavers, cooperatives and cluster heads, and market stakeholders reveal how fakes reduce the perceived value of genuine handloom saris, and distort consumer trust. The study underscores the urgent need for policy reform, educational outreach, digital certification systems, and market regulation to protect the integrity of the GI tag. Ultimately, preserving Paithani weaving requires not just protecting a product but defending a living heritage and ensuring its sustainable transmission to future generations. The research article follows the primary, qualitative, descriptive data collection method from weavers and buyers of Paithani to recommend the possible suggestions.

Tangail Sarees, a six-yard dress worn by women in South Asian countries especially Bangladesh, India, Sri Lanka, and Nepal, are renowned due to their unique weaving techniques, designs, and motifs. Tangail Sarees are famous due to their sophisticated designs and fine cotton and silk yarn, crafted on fly shuttle pit looms. Tangail Saree or Tant Sarees are Bengali cotton sarees originated in 1850s and flourished in 1890s decade. Basak community (Hindus) are its original weavers. This study explores the geographical indication (GI) conflict between Bangladesh and India about the Tangail Saree. The study highlights deficiencies in existing legal frameworks (indigenous laws and international instruments) regarding GI protection.

Abstract The European Union (EU) has enacted legislation to protect the geographical indications for artisanal and industrial products, starting in 2025. These restrictions are fundamentally unprecedented because the EU has historically protected geographical characteristics solely for agricultural products. Upon implementation, these limits will impact the trade agreements that the EU has made with other countries, particularly Vietnam, through the EU–Vietnam Free Trade Agreement (EVFTA). Although a few research works have compared the geographical indications protection legislation of Vietnam and the EU regarding the EVFTA, there has not yet been any article that addresses the new EU restrictions on non-agricultural geographical indications and its impact on the EVFTA and Vietnamese law. This research aims to analyze the current facets of EU regulations regarding geographical indication protection for non-agricultural products and their ramifications for the EVFTA. This essay analyzes the adaptability of the Vietnamese legal system regarding geographical indications protection in light of the EU’s growing impact on geographical indications protection for non-agricultural items, examines the similarities and contrasts between the two systems, identifies the factors influencing the sluggish development of non-agricultural GIs and puts forth several suggestions to enhance the legal framework in Vietnam.

Geographical indication is a form of legal protection for a sign identity of a product related to its region of origin. Various traditional alcoholic beverage products from abroad, such as 'tequila' from Mexico, 'whiskey' from Scotland and 'Pisco' from Peru, are examples of these foreign alcoholic drinks that have been protected by geographical indications in their countries of origin. This research aims to discuss Islamic views and positive law regarding Geographical Indications of alcoholic beverages in Indonesia. The method used is to use a normative method with a Qur'anic and juridical approach in studying alcoholic drinks in Islamic law with references from the Qur’an, and Hadith. The results of this research can be understood that the legal protection of traditional Indonesian alcoholic drinks as Geographical Indications presents significant challenges from an Islamic perspective. It is important for the government to find a middle way that can accommodate the interests of protecting local cultural and economic products, while still respecting religious values. [Abstrak Indikasi geografis merupakan sebuah bentuk perlindungan hukum terhadap tanda identitas suatu produk yang berkaitan dengan daerah asalnya. Berbagai produk minuman alkohol tradisional dari luar negeri seperti ‘tequila’ dari negara meksiko, ‘whisky’ dari negara Skolandia dan ‘Pisco’ dari negara Peru, dari contoh minuman alkohol luar negeri tersebut telah dilindungi oleh indikasi geografis di negara asalnya. Penelitian ini bertujuan untuk meneliti pandangan Islam dan hukum positif dalam hal Indikasi Geografis minuman beralkohol di Indonesia. Metode yang digunakan ialah menggunakan metode normatif dengan pendekatan Qur’ani dan Yuridis dalam mengkaji tentang minuman beralkohol dalam hukum Islam dengan refrensi dari Al-Quran dan Hadist. Hasil dari penelitian menunjukan dapat dipahami bahwa Perlindungan hukum terhadap minuman alkohol tradisional Indonesia sebagai Indikasi Geografis memberikan tantangan signifikan dalam perspektif Islam. Penting bagi pemerintah untuk mencari jalan tengah yang dapat mengakomodasi kepentingan perlindungan produk budaya dan ekonomi lokal, namun tetap menghormati nilai-nilai agama]

China has initially established a system of basic laws, regulations, and policies on geographical indications (GIs) of agricultural products. Furthermore, it has achieved international protection of GIs of agricultural products to a certain extent through the signing of trade treaties, agreements on specialized GIs, and cooperation with industry associations. Nevertheless, the international development of geographical indications of agricultural products in China is facing a number of challenges, namely, unclear management responsibilities, lagging laws, regulations and policies, a large number of GIs of agricultural products that are of variable quality, a weak sense of international branding and insuf ficient market promotion. The European Union, as a developed economy with comprehensive international protection of geographical indications of agricultural products, has advanced legislation and regulations, as well as an ef fective market supervision and industry self-regulation mechanism. It actively promotes international mutual recognition of geographical indications, thereby enhancing the global visibility of these indications and establishing a robust protection framework. Additionally, the EU guides its own agricultural products to the global market.To promote the global success of its agriculture sector, China should take specific steps to: 1) integrate the relevant management departments; 2) coordinate GIs applications for both primary and processed agricultural products; and 3) to enhance international recognition of its agricultural products bearing GIs.

This study delves into the complicated challenge of defining the optimal level of protection for geographical indications (GIs). It explores the choice between absolute protection and confusion-based protection, further dissecting the nuances between two methodologies for instituting absolute protection: the ‘Origin-Only’ and the ‘Origin+Quality’ criteria. By evaluating the administrative and error-related costs associated with these approaches, the article critically assesses the rationale for adopting either model, using France as a case study. Drawing from the philosophical principle of ‘choosing the lesser of two evils’, this article advocates for a strategy that acknowledges the inevitability of costs while opting for the protection approach with a minimal cost burden. The conclusion suggests that absolute protection, specifically the ‘Origin+Quality’ criterion, may offer a more efficient solution in minimizing overall costs, thus rendering it a preferable option for countries. Additionally, the article highlights the necessity for considering infringement exemption measures when instituting absolute protection or the ‘Origin+Quality’ test, to alleviate the associated error costs.

The Sjenica sheep stelja is a characteristic, traditional dry-cured meat product from Serbia with unique and recognizable sensory attributes. The methodology involved examining physicochemical measurements, followed by sensory evaluation and microbiological analyses, over a 120-day ripening period across three years and three different villages, as well as the correlation between chemical characteristics and the number of specific groups of bacteria. Results showed consistent quality parameters across producers and production periods, with notable variation in fat, protein, and ash content. Sensory evaluation confirmed that the product met the quality standards outlined in the Elaborate for the Protection of Geographical Indication, with minor differences in color, aroma, chewiness, and taste among samples. The microbiological analysis demonstrated the dynamic nature of microbial communities throughout maturation, including changes in the counts of aerobic mesophilic bacteria, Enterobacteriaceae, Pseudomonadaceae, lactic acid bacteria, and molds. Penicillium species, particularly P. nalgiovense and P. solitum, were consistently identified, while other fungal genera exhibited varying distribution patterns. The correlation analysis highlights the complex influence of chemical parameters on microbial dynamics throughout the aging process. These findings emphasize the influence of traditional production methods, regional variations, and chemical composition on the sensory quality and microbial safety of Sjenica Sheep Stelja, providing valuable insights for future research and quality control.

The protection of products with potential geographical indications (GIs) is closely tied to the economic benefits they offer to both communities and governments, particularly at the regional level. Local governments play a key role in this effort, as they possess a deep understanding of their region’s superior products. In Riau Province, the government has the authority—under Government Regulation No. 56 of 2022 on Communal Intellectual Property and Law No. 20 of 2016 on Trademarks and Geographical Indications—to inventory, register, and supervise GI products. Notable examples from Riau include Rangsang Liberika coffee and Rangsang sago, which have been successfully registered and now require quality and reputation maintenance. Using empirical legal research, this research finds that the Riau Provincial Government can strengthen the regional economy by mapping GI potential, facilitating registrations, developing protected products, and promoting legal protection and recognition at national and international levels. Although steps have been taken, current efforts remain suboptimal and should be further enhanced to fully realize the economic potential of GI protection in the province.