Optimizing Geographical Indication Protection: Comparative Analysis and Lessons for Indonesia's Legal Framework

Geographical Indications (GIs) play a crucial role in safeguarding the unique qualities and reputation of products closely tied to their place of origin, extending beyond mere economic considerations to encompass cultural preservation and the maintenance of traditional production methods. Indonesia's current legal framework faces significant challenges and requires review and potential reconstruction to optimize the system and address complex issues such as the potential conflict between exclusive GI rights and trademark rights. This study employs an empirical juridical approach, utilizing field research based on interviews with key informants, and relies on both primary and secondary materials as its foundational sources. The results show that GIs function as powerful tools for product differentiation in both domestic and global markets, helping to highlight the uniqueness of a product, support local economic sustainability, and provide legal protection for a product's authenticity and reputation. However, Indonesia's efforts to achieve food self-sufficiency and strengthen its GI portfolio are hindered by the complex registration process, lack of legal certainty, and low legal awareness among local communities. Legal reform should aim to align with the socio-economic realities of communities involved in GI production, enabling GIs to serve as both legal identifiers of origin and economic tools that boost the market value of local products in domestic and international trade.

Authors

Publication Details

Journal
Scholars International Journal of Law Crime and Justice
Published
2025-06-30
DOI
https://doi.org/10.36348/sijlcj.2025.v08i06.004
Primary Topic
Indonesian Legal and Regulatory Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Optimizing Geographical Indication Protection: Comparative Analysis and Lessons for Indonesia's Legal Framework

Kurniaman Telaumbanua
Scholars International Journal of Law Crime and Justice
Indonesian Legal and Regulatory Studies
article

Optimizing Geographical Indication Protection: Comparative Analysis and Lessons for Indonesia's Legal Framework

Kurniaman Telaumbanua
article en

Abstract

Geographical Indications (GIs) play a crucial role in safeguarding the unique qualities and reputation of products closely tied to their place of origin, extending beyond mere economic considerations to encompass cultural preservation and the maintenance of traditional production methods. Indonesia's current legal framework faces significant challenges and requires review and potential reconstruction to optimize the system and address complex issues such as the potential conflict between exclusive GI rights and trademark rights. This study employs an empirical juridical approach, utilizing field research based on interviews with key informants, and relies on both primary and secondary materials as its foundational sources. The results show that GIs function as powerful tools for product differentiation in both domestic and global markets, helping to highlight the uniqueness of a product, support local economic sustainability, and provide legal protection for a product's authenticity and reputation. However, Indonesia's efforts to achieve food self-sufficiency and strengthen its GI portfolio are hindered by the complex registration process, lack of legal certainty, and low legal awareness among local communities. Legal reform should aim to align with the socio-economic realities of communities involved in GI production, enabling GIs to serve as both legal identifiers of origin and economic tools that boost the market value of local products in domestic and international trade.

Scholars International Journal of Law Crime and JusticeVol. 8(06)
Openalex Percentile: Top 81%
Indonesian Legal and Regulatory Studies
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