indication of source in west java province of source in west java province: the first...

Indication of Source in West Java Province: the First Government's Certification on Local Products in Indonesia

Miranda Risang Ayu Palar, S.H., LL.M., Ph.D. Head of Intellectual Property Centre for Regulation and Application Studies, Department of Law on Information Technology and Intellectual Property, Faculty of Law, Universitas Padjadjaran, West Java, Indonesia

Intellectual Property Rights

Intellectual Property Rights

Communal IPR

Exclusive Rights

Inclusive Rights

Individual IPR Exclusive Rights

Communal Intellectual Property Rights

Paris Convention System

Collective Marks

Certification Marks

Lisbon System

EU System

Controlled Appellations of Origin

Protected Designations of

Origin

TRIPS Agreement

Geographical Indications

Indications

of Source

Trade Names

Exclusive Rights

Traditional

Specialized

Guarrantee

Communal Intellectual Property Rights

Inclusive Rights

Economic & Moral Rights

Intangible Cultural Heritage

Traditional Cultural

Expression

Moral Rights

Genetic Resources

Traditional

Knowledge

Indications

of Source

IS, GI, AO in International Legal Instruments

Indications of Source (IS)

Paris Convention for the Protection of Industrial Property of 1883 and

the 1911 Revision

Madrid Agreement of 1891 for the Repression of False or Deceptive Indications of Source on Goods

Geographical Indications (GIs)

Agreement on the Establishment of the World Trade Organization – Agreement on the Trade Related Aspects of Intellectual Property Rights

1994

IS, GIs, AO in International Legal Instruments

Appellations of Origin

Lisbon Agreement of 1958 for the Protection of Appellations of Origin

and their Registration (rev. 1967, amn. 1979)

Administrative Instructions for the Application of the Lisbon

Agreement 2010

International Convention of 1951 on the Use of Appellations of Origin

and Denominations of Cheeses (Stresa Convention)

Appellations of Origin & Geographical Indications

Geneva Act of the Lisbon Agreement on Appellations of Origin and

Geographical Indications 2015

Regulations under the Lisbon Agreement for the Protection of

Appellations of Origin and their International Registration 2016

IS & GIs (TRIPs System)

Indication of Source Article 1 (1) of The Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods of 1891 : “ All goods bearing false or deceptive indication by which one of the countries to which this agreement applies, or a place situated therein, directly or indirectly indicated as being the country or place or origin shall be seized in importation into any of the said countries“

Geographical

Indications

Article 22 of TRIPS Agreement :

“A Member shall, ex officio if its legislation so permits or at the request of an interested party, refuse or invalidate the registration of a trademark which contains or consists of a geographical indication with respect to goods not originating in the territory indicated, if use of the indication in the trademark for such goods in that Member is of such a nature as to mislead the public as to the true place of origin.”

IS & GIs (TRIPs System)

Indication of Source

Article 1 (1) of The Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods of 1891 : “ All goods bearing false or deceptive indication by which one of the countries to which this agreement applies, or a place situated therein, directly or indirectly indicated as being the country or place or origin shall be seized in importation into any of the said countries“

Geographical Indications

Article 22 (1) of the TRIPs Agreement : “ … indication which identify a good as originating in the territory of a member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin. “

IS & GIs (Geneva Act of Lisbon System)

Geographical

Indications

Article 2 (1) (ii) of Geneva Act of the Lisbon Agreement 2015 :

“ ... any indication protected in the Contracting Party of Origin consisting of or containing the name of a geographical area, or another indication known as referring to such area, which identifies a good as originating in that geographical area, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.”



IS & AO (Lisbon System)



Appellations of Origin

Article 2 (1) of the 1958 Lisbon Agreement for the Protection of Appellations of Origin : “... the geographical denomination of a country, region, or locality, which serve to designate a product originating therein, the quality or characteristics of which are due to exclusively or essentially to the geographical environment, including natural and human factors ....”

Geneva Act of the Lisbon Agreement

It combines the protections provided in Lisbon Agreement and

TRIPS system

it is more flexible than Lisbon Agreement. It also allows the

members to choose, whether they would like to become a

member of Lisbon Agreement and Geneva Act, or of Geneva Act

only. The only prerequisite for the members to become a

member of Geneva Act is being a member of Paris Convention

It extends the strength of TRIPS’ second level protection to

products other than wines and spirits

It introduces a ground breaking new rule by allowing a product

that is originated from a trans-border geographical area to

obtain a protection

Residual Theory

Scope of Protection concerning Geographical Origins

Appellation of Origins on Goods

Wines and Spirits & Other Products

Appellation of Origins on Services

Geographical Indications on Goods

Geographical Indications on Services

Indication of Source on Goods

& Services

General Advantages of the Protection of

Indications of Source

Indications of Source provides the users and consumers with the true origin of the products, so they are protected against false and deceptive conducts;

No registration requirement to create the right. It can even be conducted by the producers by marking their products with the Indication of Source’s logo as a certification mark;

The usage of an Indications of Source can be shared with other goods and services, so the right holders can become inclusive in nature;

The need of Indication of Source protection stimulates provincial and local governments to be more active in providing the protection on their assets;

Establishing a system to protect Indications of Source is easy, flexible, inexpensive and fast.

Advantages of the Protection of Indications of Source

for Indonesia

Protection of Indications of Source for cultural resources of

Indonesia would :

raise the reputations of Intellectual Property products originated

from Indonesia;

provide better bargain position of Indonesian products in the

international market, because of the assured quality and the true

geographical origins marked on the products;

promote eco-cultural tourism of Indonesia in the GIs protected

regions;

cut the excessive dependency of Indonesia to the developed

countries by empowering the quality of cultural based products of

Indonesia to compete in the global markets.

Advantages of the Protection of Indications of Source

in Indonesia

Indications of Source can be regarded as initial protections for protected Geographical Indications;

Indications of Source can provide protection in combination with the protection for genetic resources, traditional knowledge and traditional cultural expressions which are still in the negotiation process in WIPO. For patents which are based on genetic resource or traditional knowledge associated with genetic resource, Indication of Source could mean the implementation of the mandatory disclosure of origin automatically;

Protection of Indications of Source fills the gap of the lack or inclomplete protection for cultural resources which requires sophisticated databases, ministerial arrangement and sui generis new law in national as well as international levels;

Indonesian Law Number 20 Year 2016 about

Trademarks and Geographical Indications

Law on Trademarks Law on

Indications of Source

Law on Geographical

Indications

GIs & IS (Indonesian Law 20 Year 2016)

Geographical Indications Art. 1 (6)(7)(10)(11), 53 (1)(3), 61, 66, 67, 68

Constitutive system; compulsory registration to enjoy protection

Substantive requirement: a link established by geographic environmental factor/s of origin, including natural factor and/or human factor

Attribution: particular reputation, quality, and characteristic of a good/service

Indications of Source Art. 63, 64

Declaratory system; no registration needed to enjoy protection

Substantive requirement: depiction of a true origin of a good/service without direct link with geographic environment.

Attribution: a trait of true origin of a good/service


(Indonesian Law Number 20 Year 2016)

Article 63

Indication of Source is protected -- without any registration requirement or based on a declaratory system -- as a sign that indicates the true origin of a good and/or service and being used in trade.

Article 64

Indication of Source is a trait indicating origin of a good and/or service that is not directly have a linkage with its environmental factor/s.

Provincial Regulation of West Java Number 10 Year 2018

about the Management of Intellectual Property

Article 2

Objectives

1. Accelerating productivity, creativity and innovation of intellectual property in West Java Province;

2. Developing a society with a scientific, technology and innovation culture;

3. Providing legal certainty on intellectual property products.

Provincial Regulation of West Java Number 10 Year 2018

about the Management of Intellectual Property

Article 4

Intellectual Property subject matters in the regulation include:

1. Copyrights and Traditional Cultural Expressions;

2. Patent;

3. Trademarks and Geographical Indications;

4. Variety of Origin to create a Variety of Essential Derivative;

5. Other Intellectual Property subject matters regulated by laws.

Government Certification: Decree of the Governor of West Java Number 30/Kep.1087-Disparbud/2018

Indication of Source Communal Intellectual Property of West Java Province

Year 2018

2nd Section

Utilization of a communal Indication of Source can be undertaken by everybody as long as the geographical place from where the good and/or service in question is originated is indicated;

3rd Section

Utilization can be aimed for economic benefit by arranging a fair and equitable benefit sharing;

4th Section

A work or product bearing Indication of Source can be furtherly upgraded into a Geographical Indication’s product if all requirements to obtain a Geographical Indication protection can be fulfilled according to Law Number 20 Year 2016 and its implementing regulations.

No. City or Regency Indication of Source

1 Bogor Regency Bogor Pickled, Bogor Laksa (wheat noodle soup), Bogor Taro;

2 Bogor City Bogor Pickled, Bogor Laksa (wheat noodle soup), Bogor Unyil (very small) Bread, Bogor Taro Layers Cake, Bags of Tajur, Bogor;

3 Depok City Depok Dodol (a sweet toffee-like sugar palm-based cake);

4 Cianjur Regency Cianjur Tauco (paste made from preserved fermented yellow soybeans), Cianjur Pelung Chicken (a male crowing rooster), Cianjur Pandanwangi Rice (rice with a screwpine fragrance);

5 Sukabumi Regency Sukabumi Palm Sugar, Sukabumi Fish Meatball.


6 Sukabumi City Sukabumi Mochi, Ginger Bangket (loamy and crispy) Cokies, Sukabumi Chicken Porridge, Sukabumi Bandros (cakes made from rice flour, shredded coconut and milk coconut).

7 Purwakarta Regency Purwakarta Maranggi Satay (Chinese-Indonesian spicing technique to marinate meats), Kaum Purwakarta Opak (cassava shell crackers), Cikeris Purwakarta Brown Sugar, Bendul Purwakarta Peuyeum (traditional fermented cassava cake), Wanayasa Purwakarta Manisan Pala (shovel sweetmeat), Plered Purwakarta Ceramics.


8 Subang Regency Subang Pineapple, Subang Goldfish, Cisaat Subang Papais (smoked meats or vegies wrapped in a banana leaf), Purwadadi Subang Poor Crackers, Dawuan Subang Oncom (a mold fermented soybean cake), Ciluluk Subang Sticky Rice Peuyeum (fermented sticky rice cake), Subang Batik.

9 Karawang Regency Karawang Rice, Kijing Karawang Muffin, Walahar Karawang Salted Jambal Roti (Ariidae) Fish Pais (smoked meats or vegies wrapped in a banana leaf), Karawang Tangkar (cow ribes) Rice, Ciparage Cilamaya Karawang Chicken, Cicinde Karawang Pindang (a cooking method of boiling ingredients in salt and certain spices), Cibuaya Karawang Opak (cassava shell crackers).

10 Bekasi City Bekasi Mask

11 Bekasi Regency Bekasi Mask


12 Cirebon City Empal Gentong (meat cooked in a big earthen-ware bowl) of Cirebon, Gejrot (spicy sweet soup to deep a tofu) Toffu, Cirebon Jamblang (Syzygium cumini fruit) Rice, Cirebon Terasi (condiment made from pounded and fermented shrimp or small fish), Cirebon Docang (spicy dish made from oncom. Oncom is a mold fermented soybean cake), Cirebon Lengko (traditional vegan) Rice, Cirebon Tektek (a sound made by a seller of traditional noddle) Toffu, Cirebon Petis (black colored shrimp paste) Toffu, Cirebon Sapar Apem (traditional cake of steamed dough made of rice flour, coconut milk, yeast and palm sugar), Cirebon Koclok (shaked) Noodles.

13 Cirebon Regency Empal Gentong (meat cooked in a big earthen-ware bowl) of Cirebon, Gejrot (spicy sweet soup to deep a tofu) Toffu of Cirebon, Cirebon Jamblang (Syzygium cumini fruit) Rice, Cirebon Terasi (condiment made from pounded and fermented shrimp or small fish), Cirebon Trusmi (special motifs from Cirebon) Batik, Cirebon Masks.


14 Kuningan Regency Emping Kuningan Emping (gnetum gnemon nuts chips), Kuningan Horse, Kuningan Beca Opak (cassava crackers), Kuningan Sticky Rice Peuyeum (sweet fermented rice cake).

15 Majalengka Regency

Majalengka Gedong Gincu (very sweet mangifera indica) Mango, Majalengka Soybean Ketchup, Majalengka Sweet Claw Sugar, Majalengka Sinapeul Sindangwangi Durian, Majalengka Batik, Majalengka Ceramics, Jatiwangi Majalengka Roof Tile.

16 Indramayu Regency

Indramayu Gedong Gincu (very sweet mangifera indica) Mango, Indramayu Jambal Roti (Ariidae) Salted Fish, Indramayu Pindang Gombyang (pindang: a cooking method of boiling ingredients in salt and certain spices, gombyang: traditional method to mix and serve sea fish), Indramayu Keripik Tike (crackers made from a special grass), Indramayu Skin Fish Crackers, Indramayu Mask.


17 Sumedang Regency Sumedang Toffu, Conggeang Sumedang Sticky Rice Opak (cassava shell crackers), Jatigede Sumedang Ant Sugar, Jatinunggal Sumedang Shell Sugar, Pasir Reungit Sumedang Oncom (a mold fermented soybean cake), Pasir Reungit Sumedang Shredded Oncom (a mold fermented soybean cake).

18 Garut Regency Garut Dodol (a sweet toffee-like sugar palm-based cake), Garut Dorokdok (cow skin crackers), Leles Garut Burayot (hanged-form-cake made from brown sugar, rice flour, nuts and coconut oil), Garut Aromatic Roots/Vetiver, Cipeundeuy Garut Emplod (cassava ball cracker snacks), Cibiuk Garut Sambal (hot spicy condiment), Bungbulang Garut Sale Banana (sweet dipped banana cake) Bungbulang Garut Brown Sugar, Garut Orange, Garut Batik, Sukaregang Garut Leather, Garut Sheep.


19 Ciamis Regency Ciamis Colok Gembrung (cow skin satay), Ciamis Galendo (cooked coconut remaining), Cikoneng Ciamis Crackers, Ciamis Round Toffu, Panjalu Ciamis Wajit Takir (very sweet sticky rice cake wrapped by banana leaf in a square form), Ciamis Soang (big duck) Gurame (gourami) Fish, Rancapetir Ciamis Abon (shredded meats) & Ciamis Dendeng (dried meats).

20 Banjar City Banjar Awug Bandera (a cake made from rice flour and brown sugar, formed in flag colors), Banjar Ranginang Munu'u (stick rice crackers in round form), Banjar Ranginang Comot (stick rice crackers in a finger picked form), Banjar Pepes Bebeong (smoked mistus fish wrapped in a banana leaf), Banjar Caketra (cookies made from cassava flour, white sugar, ginger and coconut), Batulawang Banjar Rambutan (nephelium lappaceum fruit), Banjaran Rangicok (chocolate stick rice crackers )


21 Bandung City Bandung Soto, Bandung Shake Noodles, Visualization of Bandung Satay Building, Cibaduyut Bandung Shoes, Bandung T-Shirts.

22 Bandung Regency Bandung Soto, Bandung Shake Noodles, Majalaya Borondong (fried sticky rice or corn snacks), Various Ciparay Crackers, Ciwidey Kalua (sweetmeat) Orange, Cilampeni Satay, Ciherang Rujak (salad), Banjaran Dorokdok (cow skin crackers), Bandung Peuyeum (fermented cassava), Wayang Golek (traditional puppets), Ciparay Cireng (fried cassava flour), Bandung T-Shirts.


23 West Bandung Regency Cililin Wajit (very sweet sticky rice cake), Cililin Gurilem (very spicy and salted traditional snack) Crackers, Kidang Pananjung Sticky Rice Peuyeum (fermented rice), Lembang Milk Toffu.

24 Cimahi City Cimahi Bandrek (spicy coconut milk traditional drink), Cassava Rice of ‘Cireundeu’ Indigenous/Adat Village of Cimahi.

25 Pangandaran Regency Pangandaran Jambal Roti (Ariidae) Salted Fish, Pangandaran Terasi ((condiment made from pounded and fermented shrimp or small fish), Pangandaran Opak (cassava shell crackers), Pangandaran Grilled Opak (grilled cassava shell crackers).


26 Tasikmalaya Regency Manonjaya Tasikmalaya Zalacca Fruits, Tasikmalaya Ladu (a sweet sticky rice cake); Ulen (sticky rice cake) of Warung Peuteuy of Tasikmalaya; Singaparna Tasikmalaya Kupat Tahu (tofu served with leaf-wrapped rice); Manonjaya Tasikmalaya Zalacca Pickles, Manonjaya Tasikmalaya Zalacca Dodol (a sweet toffee-like sugar palm-based cake), Tasikmalaya Batik, Tasikmalaya Bamboo Handicrafts, Tasikmalaya Embroidery, Tasikmalaya Eceng Gondok (water hyacinth) Handicrafts, Tasikmalaya Pandan (sweet screwpine) and Mendong (fimbristylis umbellaris) Webbing,

27 Tasikmalaya City Tasikmalaya Kelom Geulis (beautiful clogs shoes), Tasikmalaya Payung Geulis (beautiful umbrella)

Bangket Cookies

Sate Maranggi

Peuyeum

Pais, Papais, Pepes

Jambal Roti Salted Fish

Dorokdok

Empal Gentong

Pindang

Trusmi Batik

Cirebon Masks

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