INDONESIA

• ROLE PLAYED BY GEOGRAPHICAL INDICATION INDONESIA:
  • • GI is a source indicator informing consumers about a product’s origin from a certain place.
    • GI confirms certain special characteristics  inherent to the product.
• PROTECTION ACCORDED TO GEOGRAPHICAL INDICATION IN INDONESIA
  • • Agricultural Products
    • Foodstuffs
    • Handicrafts
    • Such other goods complying with the provisions

    Categories of GI Protected:

    1. Appellations of Origin
    2. Geographical Indications
• KIND OF GEOGRAPHICAL INDICATION NOT PROTECTABLE INDONESIA

  • Geographical Indications are not protectable if:

    • They are immoral or against public order;
    • GIs likely to mislead the public with respect to the place of origin of the goods;
    • Trademarks containing or consisting of GIs likely to cause confusion as to the quality of the goods not originating from the territory indicated;
    • They are confusingly similar to a trade mark for which rights had been acquired before the GI is protected in its country of origin;
    • GIs that indicate the place of origin of use of the wines & spirits originating in a region other than the place of origin
    • GIs which are not or have ceased to be protected in their country or territory of origin
    • Gis which have fallen into disuse in their country or territory of origin
• REQUISITES TO BE GEOGRAPHICAL INDICATION INDONESIA

  • Applications to contain the following:

    • The name and address of the applicant,
    • The complete name and address of the Proxy, if the application is filed through his Proxy,
    • A special power of attorney, in case of Application is filed through a proxy,
    • The filing date of the application,
    • Recommendation from relevant Government Institution,
    • The Book of Requirement (BoR),
    • Receipt of application cost.
    • The name of the Geographical Indication that is filed for registration;
    • The type of goods covered by the Geographical Indication;
    • The description of the specific characteristics and the qualities which allows the objective differentiation of the product from other products of the same category through characteristics conferred to the product by its origin, with the description of the geographical environment and with the inherent natural and human factors which have an effect on quality or characteristic of the products;
    • The boundaries and/or map of the area that is protected by the Geographical Indication;
    • A description of the history and tradition in relation to the usage of the  Geographical Indication used to designate goods in that area including a description of the recognition by the relevant public of the Geographical Indication;
    • The description of the production process explained in such a way so as to allow any producer within the region to produce the given product on the basis of the information given in the specification;
    • A description of the method used to control the goods as well as measures taken to ensure the traceability of a good;
    • The specific labelling details to be used relating to the Geographical Indication.
• WHO CAN FILE GEOGRAPHICAL INDICATION INDONESIA

  • Following can apply for registration of GIs:

    1. Institutions representing people involved in the production of the goods concerned (consists of parties who undertake business concerning goods of natural products or natural resources, producers of agricultural products and people who make handicrafts, industrial products),
    2. Institutions authorised to carry on the above activities
    3. Consumer Groups of the products involved in th GI.
• EXAMINATION OF GEOGRAPHICAL INDICATION INDONESIA

  • Once the application is received, it is formally examined. The application is then scrutinised regarding compliance with all the requisites.

    Post completion of administrative requirements by the Geographical Indications Expert Team within a maximum span of 2 yrs., by visiting the production area and scrutinising th supply chain of the production completes the substantial examination of the application, after which it is published

• PUBLICATION & REGISTRATION OF GEOGRAPHICAL INDICATION INDONESIA

  • Objections, Oppositions, Cancellations:

    Interested parties may, post publication of the application, object, oppose or ask for cancellation of the GI.

    If there is no opposition post filing of the application, or the opposition is unsuccessful, the applicant’s GI is registered.

• USAGE OF GEOGRAPHICAL INDICATION INDONESIA

  • Only producers registered & carrying on activities within the indicated geographical area are allowed to use GI in the course of trade & commerce.

• Cost of Registration of Trademarks