Intellectual property right law consists of various rights, one of which is a geographical indication. In Indonesia, provisions regarding geographical indication can be found under Law No. 20 of 2016 on Trademark and Geographical Indication (“Geographical Indication Law“).
Geographical indication is a sign that indicates the area of origin of a goods and/or product that due to geographical environmental factor including natural factor, human factor, or a combination of the two factors cause reputation, quality, and characteristic to the goods and/or products produced.1
Then, a geographical indication right is the exclusive right granted by the state to the registered holder of geographical indication right, as long as the reputation, quality, and characteristic that serves as the basis for the protection of the Geographical Indication is still there.2
If there is a party other than the holder of geographical indication right who uses geographical indication sign but does not comply with the description document3 of such geographical indication, that party can be said as violating the geographical indication.
These uses can be in the form of direct or indirect use.4 Nevertheless, the Geographical Indication Law does not further regulate regarding the meaning of direct and indirect use of Geographical Indication.
The meaning of direct use and indirect use of geographical indication can be seen in the decision of the Court (Fifth Chamber) dated 7 June 2018 in Germany. In that decision, it was considered that the use of direct geographical indication is if a disputed element uses an actual geographical indication.
Then, the indirect use of geographical indication is that the disputed element used in a form that is either identical to a registered geographical indication or phonetically and/or visually similar to a registered geographical indication.
Thus, since there are no further provisions regarding direct and indirect use of geographical indication and the absence of jurisprudence in Indonesia that considers this matter, the consideration of judges of other countries may be used as references to understand regarding direct or indirect use of geographical indication.
Alya Batrisia
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- Article 1 point 6 Geographical Indication Law
- Article 1 point 7 Geographical Indication Law
- A description document is a document containing information, including the reputation, quality, and characteristics of goods and/or products related to geographical factors of the goods and/or products requested geographical indications (Article 1 point 11 of the Geographical Indication Law).
- Article 66 point a Geographical Indication Law
