The Review of Communal Rights on Geographical Indications: Communal Standpoint as Constraints to Legal Protection

Article type: Research Article

Authors: Simanjuntak, Yoan Nursari^{; *}

Affiliations: Faculty of Law, University of Surabaya, Surabaya, Indonesia

Correspondence: [*] Corresponding author. [email protected]

Abstract: This study analyzed the protection of Geographical Indications on Trademarks and Geographical Indications is regulated in Law Number 20 of 2016. However, as a communal right, Geographical Indications are quite unique. Not only the stages of the process, such as production process, organization, and quality assurance, are quite complex, but also their process requires key conditions, such as, the awareness and the willingness from the local community to protect the local Geographical Indications. When the idea of protecting Geographical Indications is met with resistance from the local community, the communal entitlement to the Geographical Indications needs to be questioned.

Keywords: Communal rights, community standpoint, legal protection, geographical indications

DOI: 10.3233/EPL-210001

Journal: Environmental Policy and Law, vol. 51, no. 5, pp. 297-308, 2021