Preserving Indigenous Cultures: Analyzing Geographical Indication Registration for Indigenous People Protection in Indonesia

Abstract

Geographical indication (“G.I”) is a designation that indicates the unique and original qualities of a product originating from a particular geographical location. The human factor (Indigenous people) plays a big role in the creation of a geographical indication, in addition to environmental and geographical factors. Preserving the intellectual property rights of Indigenous People through G.I will result in a more advantageous impact on their community, especially for those who rely on G.I products for their livelihood. This not only safeguards their cultural identity and dignity but also enables them to benefit from the commercial value of their intellectual property, whether through direct sales or licensing agreement. Indonesia have ratified the International regulation and issued Law No. 20 of 2016 concerning Trademark and Geographical Indications. The purpose of this research is to evaluate and examine the current status of geographical indication protection in Indonesia and assess if it is being implemented in line with the expectations set forth in the relevant legislation based on the supportive data and previous cases. The paper will then illustrate the impact and advantages for Indigenous communities in preserving and registering their geographical indications, using examples of successful geographical indication registrations from around the world. The type of research method is normative while the approaches employed are statutory and conceptual approaches with an analytical and descriptive research design. Based on the research conducted, the legal framework for protecting G.I has been sufficiently established but the government has not fully prioritized based on the data presented and cases documented. This paper will present several recommendations for the government and other relevant stakeholders.

The Dichotomy of Traditional Cuisine Protection in Indonesia: Geographical Indications vs. Traditional Knowledge

“…Indonesian intellectual property law consists of many different regimes which are specialized in protecting different types of intellectual property, according to its own unique technicality in protection (Gultom & Wartini, 2023). This legal framework is responsible for protecting creations from misappropriation and rights of the creators by awarding them the right of legal protection and exclusive rights for economic benefits.…”

“…The GI regime serves to protect an intellectual property by indicating that a specific product originates from a certain region or place, carrying some of the reputations, characteristics, and qualities that are attributable to its origin (Song, 2018). The wellknown example of this is the "Champagne" from the Champagne region of France (Gultom & Wartini, 2023) or "Darjeeling Tea" from India, which have exemplified how GIs have been utilized for an IPR protection (Dubey, 2020). A cuisine identified with a GI would not only signify its origin geographically, but also the unique traditional methods and ingredients used in its culinary process as a part of the local subset of culture (Rinaldi, 2017).…”

Intellectual property synergies: merging halal certification with Indonesian communal intellectual property rights laws

“…In parallel, traditional knowledge in Indonesia, characterized by the wisdom and practices developed over centuries by indigenous and local communities, contributes significantly to the country's cultural and economic fabric (Disemadi & Sudirman, 2023;Gultom & Wartini, 2023;Kasih, Santosa, Dharmawan, & Atmaja, 2023;Palar, Sukarsa, & Ramli, 2018). This vast landscape of knowledge includes agricultural practices, herbal medicines, handicrafts, and food preparations, all of which are closely tied to the specific regions and communities that created and nurtured them (Chuah, Manurung, & Naming, 2014).…”

“…The legal recognition of geographical indications (GIs) in Indonesia is a testament to the country's commitment to safeguarding communal intellectual property (Dirkareshza & Simanjuntak, 2023;Kusuma & Roisah, 2022;Simatupang, 2023). GIs serve as a certification that a product has specific qualities, is made according to traditional methods, or enjoys a certain reputation, which is essentially due to its place of origin (Gultom & Wartini, 2023;Kusuma & Roisah, 2022). Another important communal IP in Indonesia is traditional knowledge, which is inseparable from many different cultures in Indonesia (Emilda, Thohir, Yuliati, & Rachmad, 2020).…”