Frequently Asked Questions

Geographical Indications (GIs) are an essential part of intellectual property rights, providing legal protection for products that originate from a specific region and possess qualities, reputation, or characteristics inherently linked to that location. In Indonesia, GIs are regulated under Law No. 20 of 2016 on Trademarks and Geographical Indications (UU Merek dan Indikasi Geografis), ensuring both local and foreign products can obtain protection.

This article provides an overview of GI protection in Indonesia, covering eligibility, registration procedures, enforcement, and international recognition.

1. What is a Geographical Indication?

According to Article 1(6) of Law No. 20 of 2016, a Geographical Indication (GI) is a sign used to identify goods originating from a specific region that possesses quality, reputation, or characteristics due to natural, human, or a combination of both factors unique to that region.

Examples of Indonesian GIs

Indonesia has numerous GI-protected products, including:

• Kopi Gayo (Gayo Coffee – Aceh)
• Madu Sumbawa (Sumbawa Honey – West Nusa Tenggara)
• Tenun Ikat Sikka (Sikka Woven Fabric – East Nusa Tenggara)

Foreign GI products can also be registered in Indonesia, provided they are recognized in their country of origin.

As of August 2021, Indonesia has registered several foreign Geographical Indications (GIs), including:

• Champagne (France) – Registered on November 14, 2009.
• Pisco (Peru and Chile) – Registered on July 1, 2010.
• Parmigiano Reggiano (Italy) – Registered on October 21, 2011.

These registrations demonstrate Indonesia’s commitment to recognizing and protecting foreign GIs, provided they are recognized or registered in their country of origin.

Foreign entities seeking GI protection in Indonesia must ensure their products are recognized in their home countries and follow the registration procedures outlined by the Directorate General of Intellectual Property (DGIP).

By securing GI registration in Indonesia, foreign producers can safeguard their products against unauthorized use and maintain the integrity of their region-specific goods within the Indonesian market.

2. Eligibility for GI Protection

• To qualify for GI protection in Indonesia, a product must:
  Originate from a specific geographical area.
• Have unique characteristics, quality, or reputation linked to that location.
• Be recognized and protected by a collective entity (such as producer associations, cooperatives, or regional authorities).

Products that do not have a clear regional linkor whose distinctiveness is not recognized by local producers may not qualify.

3. Who Can Apply for a GI?

According to Article 53, applications for GI registration can be submitted by:

• Producer groups or associations
• Cooperatives
• Regional governments
• Other authorized entities representing local producers

For foreign GIs, applications must be filed by authorized representativesfrom the country of origin, supported by official recognition of the GI in their home jurisdiction.

4. GI Registration Process in Indonesia

Step 1: Application Submission

Applicants must submit a GI application to the Directorate General of Intellectual Property (DGIP), including:

• A detailed description of the product’s unique characteristics.
• Geographical boundaries of the production area.
• Traditional production methods (if applicable).
• Proof of GI recognition in the country of origin (for foreign applicants).

Step 2: Examination and Publication

DGIP will examine the application, ensuring compliance with legal requirements. If approved, the GI is published for public review.

Step 3: Opposition Period

Third parties may file objections within three months if they believe the GI infringes existing rights.

Step 4: Registration and Protection

If no objections arise, or they are successfully resolved, DGIP grants GI registration, providing indefinite protection as long as the unique characteristics remain intact.

5. Enforcement and Protection of GIs

A. Legal Rights and Protection

Registered GIs are protected against:

• Unauthorized use by producers outside the designated region.
• Misleading branding that falsely suggests a product originates from the protected GI area.
• Counterfeit products using the GI name without meeting the required standards.

B. Enforcement Measures

GI holders or authorities can take legal action against violations, including:

• Administrative sanctions (warnings, fines, or product removal).
• Civil lawsuits (seeking damages and injunctions).
• Criminal penalties for serious GI infringements.

6. International Recognition of Indonesian GIs

Indonesia is a member of the World Trade Organization (WTO) and follows the TRIPS Agreement, which mandates GI protection. Additionally, Indonesia has GI recognition agreements with several countries, allowing mutual recognition and enforcement.

Foreign businesses interested in protecting their GIs in Indonesia should consider registering locally to ensure full legal protection.

For businesses seeking to register or enforce GI protection in Indonesia, consulting an IP Consultant or expert can ensure a smooth process.

Would you like assistance in registering a GI in Indonesia or handling enforcement issues? Feel free to reach us at rhp@rhp.co.id or directly email me at Khudewi@rhp.co.id.

By: Khurnia Hudewi
Mobile Phone: +62 878 8651 1479