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Update and Review of the Protection of Geographical Indications in Indonesia

On 4 September 2007, the Indonesian Government endorsed the Government Regulation No. 51 Year 2007 (GR 51) as the implementing regulation for the provision on Geographical Indications (GI) provided under Chapter VII Law No. 15 Year 2001 concerning Marks.

A geographical indication, by definition of GR 51 Article 1, is a sign that indicates the place of origin of goods and due to its geographical environmental factors, such as nature, people or the combination of the two, gives a specific characteristic and quality to the produced good.

According to Article 4, the term of protection for GI in Indonesia is unlimited and persists as long as the specific characteristics and quality continue to exist.

Foreign applicants can file applications for the protection of GI in Indonesia (Article 20). However, only foreign GI that have been registered in their country of origin can be registered in Indonesia and the application can only be filed through an Indonesian IPR Consultant or their diplomatic representative in Indonesia.

Article 6 prescribes that GI applications have to be accompanied with the submission of a Book of Requirements (Buku Persyaratan). This is a document that incorporates information on the specific qualities and characteristics of goods. These specifications are used to differentiate one good from another if they are in the same category. The requirements cover:

a) The specific characteristic and/or quality of the product

b) Information on the influence of the geographical environment

c) Information on the geographical, historical and traditional map, production procedures,

testing method of the quality of the products, as well as the labels to be used on the

products.

Upon filing of the application, it will go through an administrative examination as well as a substantive examination. After approval, the application will be published in the Official Gazette of Geographical Indications for a period of 3 months.

Amendments to the applications can only be made before the applications are published in the Official Gazette; and withdrawals of GI applications have to be made before the applications are approved for registration. After registration, amendments can only be made in the Book of Requirements (Buku Persyaratan); and this covers only those concerning the development of science and technology or any changes on the geographical border.

Fee

1. A Substantive Examination fee has to be paid within the publication period; otherwise the

application is deemed withdrawn. (Article 8)

2. Within the 3 months publication period, any third party can file their opposition against a GI

application upon payment of a fee. (Article 12)

3. Other fees include – GI application filing fee; filing appeal for GI application and registration

as the official user of the GI. (Regulation No. 19 Year 2007)

Up to date, the Directorate General of Intellectual Property Rights (DGIP) has received 6 GI applications and these are all from local applicants. These include:

Kintamani Bali Coffee (Kopi Kintamani Bali) under Application No. IG.002007.000001;

Kaligesing Goat (Kambing Kaligesing) under Application No. IG.002007.000002;

Jepara Oven Peanut (Kacang Open Jepara) under Application No. IG.002007.000003;

Blenyek Ngemplak (traditional food from Jepara, made of anchovy) under Application No. IG.002007.000004;

Jepara Carved Furniture (Mebel Ukir Jepara) under Application No. IG.002007.000005; and

Jepara Spanish Mackerel Chips (Kerupuk Tengiri Jepara) under Application No. IG.002007.000006.

It is believed that to date, only Application No. IG.002007.000001 for Kintamani Bali Coffee has fulfilled the administrative requirements and so may proceed to registration. The remaining cases are still under the examination process.

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