Do you know the difference between a Geographical Indication and an Indication of Origin ?
Jakarta - Does anyone know about Geographical Indications? Or have you ever heard of intellectual property (IP) protection for a product with a regional name? Like Toraja Arabica Coffee or Cianjur Pandanwangi Rice?
From the mention of the product name, we can find out the origin of Toraja Arabica Coffee is from the Toraja region in South Sulawesi Province. It's the same with Pandanwangi Rice which comes from the Cianjur area, West Java.
Interestingly, the naming of the area on the product is what is called GI protection. To get GI protection, of course the product must meet the requirements set out in Law Number 20 of 2016 concerning Marks and Geographical Indications.
So, what is GI? According to Law Number 20 of 2016 concerning Trademarks and Geographical Indications, GI is a sign indicating the area of origin of an item and/or product which due to geographical environmental factors including natural factors, human factors or a combination of these two factors gives reputation, quality, and certain characteristics of the goods and/or products produced.
Coordinator of Geographical Indications of the Directorate General of Intellectual Property (DGIP), Irma Mariana explained that in this case, natural factors, human factors or a combination of the two factors can have an impact on the results of the goods or products produced.
"So, if processing or planting is carried out in different areas, of course the results will definitely differ from one region to another," said Irma when met at the DGIP Office, Friday, July 28, 2023.
As an illustrative example, arabica seeds planted in areas other than Toraja, South Sulawesi, will have an impact and have different results from those planted in the Toraja area.
However, according to Irma, not all goods or products can be protected by GI. Only products with good reputation, characteristics and quality can be protected as GI. These products can be in the form of agricultural, forestry, plantation, animal husbandry, fishery and marine products, processed food, handicraft products, and other products that indicate the name of the place, area or region where the product originates.
In addition, he mentioned several things that a product cannot be protected and registered as GI, including those that are contrary to laws and regulations, religious morality, decency, or public order.
"Misleading or deceiving the public regarding the characteristics, characteristics, quality, source of origin, process of making goods, and/or their use, are local geographical names that have been used as names of plant varieties, or have become generic names," said Irma.
Indication of Origin
Apart from Geographical Indications (GI) , we also need to know the Indications of Origin. In international conventions, especially in the Madrid Agreement , it is stated that this agreement does not use the term Geographical Indications, but indications of origin or Indications of Source of the product.
In the Government Regulation of the Republic of Indonesia Number 56 of 2022 concerning Communal Intellectual Property, it is stated that the definition of an Indication of Origin is a characteristic of the origin of goods and/or services that are not directly related to natural factors that are protected as signs indicating the correct origin of goods and/or services. and used in trade.
So, what is the difference between IG and Indication of Origin? Irma explained that the indication of origin is not the same as GI, because the indication of origin only identifies the origin of the goods being produced and is not related to natural factors.
"The indication of origin usually only states where the product is located, and it is not certain that the product has a reputation, the characteristics that are required by the specifications in a geographical indication product," said Irma.
However, an indication of origin still has benefits for the goods or services being traded, that is, other people or consumers will know the area where the product originates from. Especially in import-export trading activities.
For example, if a company manufactures shoes in Indonesia, the company must state the country of origin of the shoes. Usually by including the words "Made in Indonesia".