Audito Comparative Law Journal (ACLJ)
Vol. 4 No. 2 (2023): May 2023

Comparative Study of State Jurisdiction: The Protection Towards Geographical Indication at Indonesia, the EU and US

Rianda Dirkareshza (Faculty of Law, Universitas Pembangunan Nasional Veteran Jakarta)
Anni Alvionita Simanjuntak (Faculty of Law, Universitas Pembangunan Nasional Veteran Jakarta)



Article Info

Publish Date
30 May 2023

Abstract

Geographical Indication (GI) is one of the Intellectual Property Rights features. In this instance, one component that needs to be highlighted is its registration. Unfortunately, there are several infringements of Indonesian GI exist, such as Indonesian product registration being claimed by foreigners or outsiders. This article examines the legal protection of Geographical Indications based on Indonesian Legal Instruments and the law of outsiders parties and the international’s rule in Geographical Indication dispute settlement among countries. This article uses normative juridical research methods with a descriptive-analytical approach using national and international laws and relevant regulations to its issues. The findings revealed that protecting Geographical Indications in the International domain often causes polemics due to the need for firmness regarding the International Agreements’ substance. The arrangement of Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) merely requires legal provisions for each country in protecting Geographical Indications. Consequently, each country has fundamental different legal for protecting GI, and the legal uncertainty in International Agreement raises new issues.

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Journal Info

Abbrev

audito

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Audito Comparative Law Journal is a refereed scholarly journal with a genuinely global reach, publishing theoretical, doctrinal, socio-legal, and empirical contributions, managed by the Master of Law, DPPS, University of Muhammadiyah Malang, Indonesia. This journal is a pioneering open-access forum ...