Proceedings of the 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia

Research Article

Legal Protection of the Communal Rights to Geographical Indications in the Perspectives of Human Rights in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.17-7-2019.2303497,
        author={Almusawir  Almusawir},
        title={Legal Protection of the Communal Rights to Geographical Indications in the Perspectives of Human Rights in Indonesia},
        proceedings={Proceedings of the 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICSTIAMI},
        year={2021},
        month={1},
        keywords={geographical indications world trade organization (wto) human rights},
        doi={10.4108/eai.17-7-2019.2303497}
    }
    
  • Almusawir Almusawir
    Year: 2021
    Legal Protection of the Communal Rights to Geographical Indications in the Perspectives of Human Rights in Indonesia
    ICSTIAMI
    EAI
    DOI: 10.4108/eai.17-7-2019.2303497
Almusawir Almusawir1,*
  • 1: Faculty of Law, University of Bosowa, Indonesia
*Contact email: almusawir27@yahoo.co.id

Abstract

Geographical indications are for 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 characteristics of the good is essentially attributable to its geographical origin. Geographical Indication is one form of Intellectual Property which must be strived to legal protection for member countries of World Trade Organization (WTO). The provision is set forth in Trade Related Intellectual Property Rights, especially in Article 22 through Article 24. Indonesia is a member of the WTO that is rich in knowledge, tradition, and culture, with a tropical climate and produces products with high economic potential and cultivated by community groups in certain areas to improve their welfare, should obtain adequate legal protection as communal property rights. Constitutionally in Article 33 Paragraph (3) of 1945 Constitution of the Republic of Indonesia determined that “Earth, water and natural resources contained in it are controlled by the state and used for the greatest prosperity of the people”. The provision is interpreted that the state is a regulator in the utilization of natural resources, including products Geographical Indication as communal property rights and strongly related to Human Rights.