19 August 2021 News

M Ramli A., Epi Sukarsa D., Citra Dewi I., Septiono S., Geographical indication protection for non-agricultural products in Indonesia, Journal of Intellectual Property Law & Practice, Volume 16, Issue 4-5, April-May 2021, Pages 405–414

This article analyzes the current laws, regulations and legal doctrines applicable to the registration of geographical indications in Indonesia. Notably, this contribution considers the complications in implementing the protection for geographical indications for non-agricultural products in Indonesia following the adoption of the Minister of Justice and Human Rights Regulation (MJHR) 2019. Non-agricultural products have a strong link with local cultural factors but, in some instances, a weaker link with natural factors. This makes them difficult to be registered as geographical indications under the current language and requirements of MJHR 2019. This article uses primary and secondary sources as well as semi-guided and in-depth interviews to make its conclusions and recommendations. In particular, the article proves the current text of Regulation 2019 is in contradiction with the trade mark and geographical indications law of 2016 as well as the previous regulation of 2007. Accordingly, it suggests that the current requirements of MJHR Reg. 2019 be harmonized.