Government Regulation No. 51/2007 on geographical indication

16A GEOGRAPHICAL INDICATION (Government Regulation Number 51 Year 2007 dated september 4,2007) BY GRACE OFTHE ALMIGHTY GOD THE PRESIDENT OFTHE REPUBLIC OF INDONESIA, Considering: That in order to implement the provision of Ar ticle 56 paragraph (9) of Law Number 15/2001 on Mark, it is necessary to stipulate a government regulation on geographic indications; In view of: 1. Article 5 paragraph (2) of the Constitution of 1945; 2. Law No. 15/2001 (BNNo. 6IJ61 pages9A~18Aand so forth) on Mark (Statute Book of 2001 No. 110, Supplement to Statute Book No. 4131); DEC I DE S: To stipulate: THE GOVERNMENT REGULATION ON GEOGRAPHIC IN DICATION CHAPTER I GENERAL PROVISION Article 1 Referred to in this regulation as: 1. Geographic indication shall be a symbol showing re gion of origin of goodS giVing certain characteriSOC or quality to the produced goods because of geo graphical environmental factors, including natural fac tors, human factors or combination of both factors. 2. Application shall be a request. for registering geo graphical Indication submitted in writing to the Di rectorate General. 3. Applicant shall bea party submitting application. 4. Producer shall be a party producing goods. BusinessNews 7630-7631/2-27-2008 5. Consultant of Intellectual Property Right shall be someone having expertise in the field of intellectual property right and specifically proViding service in the field of submission and settlement of application for patent, mark, industrial design as well as other fields of intellectual 'Property right, including geo graphical indications and registered as consultant of intellectual property right in the Directorate General. 6. Proxyshall be consultant of intellectual property right. 7. Date of Receipt shall be the date of receipt of appli cation already fulfilling administrative requirements. 8. Day shall be working day. 9. Requirement Book shall be a document containing information about the specific quality and character istic of goods, which can be used for differentiating a product from another product haVing the same cat egory. lO.User of Geographical Indication shall be a producer producing goods in accordance with the related re quirement book and registered at the Directorate General. l1.Directorate General shall be the Directorate General of Intellectual Property Right within the -ministry led by a minister. 12.Minister shall be the minister overseeing the minis try in charge of, among others, intellectual property right, including geographical Indications. CHAPTER II SCOPE OF GEOGRAPHICAL INDICATION Part One General Article ? .... Article 2 (l)The mark as meant in Artide 1 point 1 shall consti tute a name of plate or region or other specified mark.indicating place of origin of the produced goods, which is prOtected by geographical indication. (2)The goods as meant in paragraph (1) can be iii the form of agrfcullural produces, processed oroduets, handitraft, or other goods as meant In Article i point 1. (3)lhe mark as meant in paragraph (1) shall be pro tected as a geographical indication if the market has been registered in the general list of geographical lndlcations in the Directorate General. (4}The registered geographical indications shall not be changeable into public property. 17A Part Three Protection Period of Geographical Indication Article 4 Geographical indications shall be protected as long as the specifte characteristics and quality underly ing the granting of the protection of the geographical indications remain existent. tHAPiERIII REQUIREMENTS.AND PROCEDURES rOR APPUCATlON Article 5 (l}Any application shall be submitted in writing in Indo nesian longuoge by eppllcant Ot proxy by completing form In triplicate to the Directorate General. (2)The mudd and l.unlent uf the form d~ meant ill para graph (1) shall be stipulated by the Directorate Gen eral. (5)lhe mark as meant in paragraph (1) only can be used for goods fulfilling the requirements as regu lated in the reauirement book. Part Two C,Mgr.:l[1hical Tnclkat1nn.. Whir-h l.i' nnt R~ Regicrrereod Article 3 Geographical indications cannot be registered in the case: of the market requested for regbtration: a. contravening legislation, religious morality and pub l/corder; b. misleading or deceiving the public with regards to characteristic, nature, quality, source, production of goodS, and/or the use; c. being local geographical name already used as name of variety of plant, and used for variety of plant of the same kind; or d. already becoming generic. Business News 7630-7631/2-27-2008 (3)1he applicant as meant in paragraph (l) shall con sist of: a. Institutions representing communities In region producing the goods, composed of: 1. parties exploiting goods resulting from natu ral resources or natural resources; 2. producers of agricultural products; 3. producers of handicraft: or industrial products; or 4. traders selling the goods; b.irtstltutiOnsauthorized to do !tior c. groups of consumers of the said 90005. Article 6 (l)The application as meant in Article 5 shaU mention the administrative requirements as follows: a. date, month and year; .b. full name, citizenship and address of applicant; and c. full name and address of proxy, if the application is submitted through proxy. (2) The .... '. (2)The application as meant in paragraph (1) shall be endosed by: a. special power of attorney, in the case of applica tion being submitted through proxy; b. payment form of cost. (3)The application as meant in paragraph (1) shall be completed by the requirement book, consisting of: a. name of geographical indication requested for reg istration; b. name of goods protected by gcogrophiall indica tion; c. description of characteristic and quality differen tiating certain good~ from other yOUll~of tile same category, and explaining their relations with re gion where the goods are produced; d. description of geographical environmental as well as natural factors and human factors being a to tality in influencing the quality or characteristic of the produced goods; e. description of borders of regions and/or map of region covered by geographical indication; f. description of history and tradition related to the use af geographical indication for marking the goods produced in the region, including recoqnl tion from communities with regards to the geo graphical indication; g. description explaining production. processing and manufacturing processes which are used so as to enable every producer in the region to produce, prOCQSS or make the related goods; h. description of methods used for analyzing the Quality of the produced goods; and i, Itlbel used in goods and containing geographical indication. (4)T1le uescnpuon of borders and rnep of region COy ered by the geographical indication as meant in para graph (1) letter c shall secure recommendation from the authorized institution. Business News 7630-7631/2-27-2008 18A CHAPTER IV PROCEDURES FOR EXAMINING Part One Administrative Examination Article 7 (l)The Directorate general shall examine edmmtstra tively the completeness of requirements for the ap plication as meant in Articles 5 and 6 in not later than 14 (fourteen) days as from the date of receipt of application. (2)1n the case of the application already fulfilling the requirements as meant in Article 5, Article 6 para graph (1), Article 6 paragraph (2) letter b and Article 6 paragraph (3), the Directorate General shall give the date of receipt. (3)ln the case of the requirements as meant in para graph (2) being less complete, the Directorate Gen~ eral shall notify in writing the applicant or proxy to complete the shortcomings in not later than 3 (three) days as form the date of receipt of the notification. (4) In the case of the shortcomings being not completed in the period as meant in paragraph (3), the Dlrec torate General shall notify in writing tlie applicant or through the proxy that the application is deemed taken back and the issue is announced in Gazette of Geographical Indications. (5)ln the case of the application being deemed taken back as meant in paragraph (4), the cost already paid to the Directorate General shall not be reim bursable. part TWO Substantial Examination (l)ln not later than- one month as from the date of the fUlfillment of the requirernerus as mearu ln Article 7 paragraph (2), the Directorate General shall pass an the application to a team of geographical indication specialists. (2) The ..... 19A (2)The team of geographical indication specialists shall examine substantially the application in not later 2 (two) years as from the date of receipt of the appli cation as meant in paragraph (1). (3)The substantial examlnatfon as meant in.paragraph (1) shall be implemented on the basis of the provi sion of Article 1 point 1, Article 3 and Artide 6 para graph (3). (4)ln the case of the team of geographical indication specialists conSidering that the application met the provision on registration as meant in paragraph (3), the team of geographical indication specialists shall convey a recommendation to the Dira.1.ordle Gell eral SO that the geographical indication is registered In the general list of geographical indications. (S)The substantial examination as meant In paragraph (1) shall be subject to cost. (6)The costof the substantial examination as meant in paragraph (5) shall be paid before the expiration of the announcement period of application. (7)ln the case of the cost of substantial examination being not paid In the period es meant In paragraph (6), the application shall be deemed taken back. Article 9 (l)ln the case of the team of geographical indication spedalist approving that a geographical indication can be registered as meant in Article 8 paragraph (4), the team shall recommend the Directorate Gen eral to announce information related to the geo graphical indication, including the requirement book in Gazette of geographical indications in not later than 30 (thirty) days as from the date of receipt of recommendation from the team. (2)ln the case of the team of geographical indication specialist approving that a geographical indication is BusinessNews 7630-7631/2-27-2008 denied, in not later than 30 (thirty) days as from the date of receipt of recommendatlon from the team, the LJlrectorate General shall notify In writing the applicant or through the proxy by mentioning the reason. (3)ln the case of the applicant or proxy not conveying response to the denial in the period as meant in para graph (3), the Directorate General ahall stipulate decision on denial.of the application and notify it to the applicant or through the proxy. (4)ln the case of the applicant or proxy conveying re sponse to the denial as meant in paragraph (3), in not later than 30 (thirty) days as from the date of receipt of response to the denial, the Directorate General shall convey the rejection response to the team of geographical indication specialists. Article 10 (1)The Team of Geographicalindieation specialists shall re-examine and recommend decision in a period not later than 3 (three) months as from the date of re ceipt of response as meant in Article 9 paragraph (5). (2)ln the case of the team approving the response as meant in Article 9 paragraph (3), the Directorate General shall announce geographical indication and requirement book on the basis of the decision as meant In paragraph (1) In Gazette or Geographical Indications. (3)ln the elise of the teem disllpproving the response as meant In Article 9 paragraph (3), the Directorate General shall stipulate deCIsion to deny the applica tion. (4)ln not later than 30 (thirty) days, the Directorate General shall notify In writing the decision 0"' r@jec tion as meant in Adicle 9 paragraph (4) andArticle 10 paragraph (3) to applicant or through proxy by mentionihg the reason. (5)10 ..... (S}I" the case of the application being denied, alf costs alreadypaid to the DIrectorate General shaH not be reimbursable. (6)1n not later than 3 (three) monthsas from the date of receipt of notificationabout the rejection decision as meant in paragraph (4), applicant or proxy can submitappeal to the MarkAppeal Commission. (7)The cost of submission of appeal to the Mark Appeal COmmission shallbe paid uponsubmittingthe appli cation for appeal. PartThree Announcement Article 11 (l)ln not laterthan 10 (ten) days as from the date of approval of geographical Indication for registration or denial,the Directorate General shall announce the decision In Gazette d Geographlcallndkatfons. (2)10 thecaseof geographlcallndic8tion beingapproved for registration as meant In paragraph (1), the an nouncement in Gazette of Geographical Indications shall contain number of appflcation, full name and address of applicant name and addreSs of proxY, date of receipt of the geographical indication and abstractof the requirement book. (3)10 the case of the geographlcallndk:ation befng de nied as meant in paragraph (1), the announcement In Ga7et:te of GOOgraphical Jndit'atloM shall cnntain nameof applk:atlon, full nameand address of appli cant, name andaddress of proxy and name of geo graphical indication requested for registration (4)The announcement as meant in paragraph (2) shall berealiledln 3 (three) mC)"thG~ PartFour Objection and Rejoinder Business News 7630-7631/2-27·2008 Article 12 (l)During the announcement period as meant inArticle 11 paragraph (4), anybody can raise objection in writing to the announced geographical indication as meant in Article 11 paragraph (2) on the basis of appJJcatJon for me Directorate General In triplicate by paying cost. (Z)The objection es meant in pe:lf'Ggraph (1) shall con tain reasons, accompanied by sufficient evidence that the appltcatiOl1 should nat be registered or should be denied on the basis of this government regulation. (3)The objectionasmeant in paragraph(1) alsocanbe Slthmitt:M In cnnnertion with bo~ nf thE>. ~inn covered by geographical indication requested for reg istration. (4)10 the case of theobjection as meantin paragraph (2) and/or paragraph (~) coming, the DiredDrate General In not later than 14 (fourteen) days as from the date of receipt of the objection shall send copy ofthe objection to applicant or proxy. (S)AppUcants or proxies shall entitle to convey rejoin der to the objection as meant in paragraph (4) to the Directorate General In not later than 2 (two) months as from the date of receipt of ropy of the objection. Part Ave Re-Substantial examination Article 13 (l)In the case Of the reJOinder as meant In ArtiCle II paragraph (5) coming, the team of geographical in dication specialists shall Undertake re-substantial exammation of geographical indlcaUon by ob5erving the rejoinder. (2)Thc te-substantial examination as ITk;Mt in paragraph (1) shall be settled in not later than 6 (six) months as from the expiration of the 5UbmissJon period of rejoinder as meant In Article 12 paragraph (5). (3) In .... , "A 3)ln the case of the objection as meant in Article 12 paragraph (1) not coming, the Directorate General shall register geographical indication in the general list of geographical indications. (4)ln the case of result of the re-substantial examina tion as meant in paragraphs (1) and (2) showing that the objection is acceptable.the Directorate Gen eral shall notify in writing the applicant or proxy that the geographical indication is denied. (5)ln not later than 3 (three) months as from the date af receipt of the rejection decision as meant in para graph (4), applicant or proxy can submit appeal to the Mark Appeal Commission. (6)ln the case of result of the re-substantial examina tion as meant in paragraphs (1) and (2) showing that the objection is not acceptable, the Directorate General shall register the geographical indication in the general list of geographical indications. (7)ln not later than 30 (thirty) days as from the date when result of re-substantial examination is decided, the Directorate General shall announce the dectsion in Gazette of Geographical Indlcatlons. Part Six Te;lm of (.;pngr<lphir;'ll Tnrti(";.ltlon Specialist Article 14 (1)TheTeam of Geographical Indication Specialist shall be a non-structural institution evaluating the require ment book and providing conslderanon/recommen dation forthe Directorate General in connection with the registration, change, nullification and/or super vision over national geographical indications. (2) Members of the team as meant in poragraph (1) shell consist of specialists having capability in the field of geographical indications, coming from: 8. representatives of the Directorate General; Business News 7630-7631/2-27-2008 b. representatives of ministries in charge of agricul tural, industrial, trading affairs and/or other re lated ministries; c. representatives of institutions or agenciesautho rized to supervise and/or verify the qualitY of goods; and/or d. other competent specialists. (3)The members of the team as meant in paragraph (2) shall be appointed and dismissed by the Minister for a five-year term of service. (4)The team shall be led by a chairman elected from and by members of the team of geographical indica tion specialists. (5)ln executing its tasks and function as meant in para graph (1), the team of geographical indication spe cialists shall be assisted by a technical evaluation team whose members are based on expertise. (6) The technical evaluation team as meantin paragraph (5) shall be estahli,;hed by th~ Directorate General on the basis of recommendation from the team of geographical indication specialists. CHAPTER V THE USE AND SUPERVISION OVER GEOGRAPHICAL INDICATION Part One The Use of Geographical Indications Article 15 (1)Producers interesting in using geographical indica tions shall register as users of geographical indica tions to the Directorate General by paying cost in accordance with the provision in force. (2)The producers as meant in paragraph (1) :.hdll nil the form of statement as stipulated by the Director ate General, accompanied by recommendation from the euthos lzed technical Institution. (3)1n ..... (3)ln not later than 30 (thirty) days after completing the requirements asmeant In paragraph (2), the Di rectorateGeneral shall registerproducers usinggeo graphical Indications in general list of usersof ge0 graphical Indications and announce names as well asinformation inGazette ofGeographicallndicat1ons. Part Two Supervision over Users of Geographical Indications Article 16 (1 )Anybody can cooV@y result of suJ)@f"Vi~lonI)V@r ltSP~ of geographicallndications to the authorizedagency With a copy made available to the DirectorateGen eral that information covered in the requirement book regarding the goods protected by geographical indi cations is notfulfilled. (2)Result of the supervision as meant in paragraph (1) shall contain evidence along with the reason. (3)ln not later than 7 (seven) daysas from the dateof receipt CJf resultof the supervision as meantIn para grapn (1), the Dlrectora~ Gerteral shall wnvt!:y the resultof the supervision to the team of geographical Indication specialists. (4)ln not later than 6 (six) months as from the dateof receipt of the supervision result as meant In para graph (3), the team of geographical indicationspe cialistsshallexaminethe supervision result andcon Vf!'I result of the examination to the Directorate General, Including actions that the DirectorateGen eral needs to take. Article 17 (1)ln not later than 30 (thirty) days as from the date of receiptof the examinationresult as meant in Artlde 16 paragraph (4), the Directorate General shall de dde actions, which must be taken, induding nullifi cationof registered geographicallndicatlon users. Business News 7630-7631/2-27-2008 2ZA (2)ln the case of the Directortlte General deciding to nullify the registered geographical indication users, the users shallbe abolished fromthe general listof geographical indication usersand subsequently de clared unrtghteDus to use geograpfrical indications. (3)The objection to the nunmcation of 'Ore regiSt~red geographk:al indication usersa~mMnt'In paragraph {2} can be submitted through theCourt of Commerce in not later than 3 (three) months as from the date of rf!'N'ipt of ded~inn 00 th,. nullific:;dl6n (4)ln not later than 30 (thirty) days as ffomthe date when the nullification a~ meant fnparagraph (2) Is decided, the DirectorateGeneralshan announce the decision InGazette of Geographlal1 Indications. Article 18 (l)Abolitionof the use of registered geograpllical indl dtt:ions een be submitted on ttre basis of lnitiotivd of users of the said geograpt1fcat IndtcalJons. (2)lfl the lA5e of the abolition as meant in pereqreph (1), usersof registeredgeographical indications shall be abolished from the general lISt of geographical uu:UcatiOn users and tater declared Utillgi1teous to use geographjcallndtcations. (3)10 not later than 30 (thirty) etaysas rrom the Clate when the abolition as meant in paragraph (2) is- de dded, the Directorate Gener8f shan announce the dedston in Gazette of Geographlca1lndlcations. PartThree Supervision over the Useof GeographiCal Indications Article 19 (l)The team of geographical indication Spedalistsshall organize and monitor supervision over the use of geographical indications in the territory of the Re public of Indonesia. (2)ln ..•. , (2)In executingthe tasksand function as meant in para graph (1), th@ team of 9QOgraphlcal indication spe cial{sts can be assisted by a technical supervisory team consisting of technical spedallsts in certain goods to provide considerations or execute supervl smytasks. (3)The techniClJI supervisory team 1I:$ rneent in porQ' graph (1) can come from: a. competent supervtsory institutions in the central and regional leVels; and/or b. private instftutionsor non-ministeliql goveml;llent institution's recognized as competent institutions in executing inspection/supervision related to goods protected by geographical indicaUans. (4}The Ii$! of the recognized Institutionsanda(#encies , as meant in paragraph (1) shall be renewed and monitored continuously by theteam of geoqraphicaJ indication specialists. (S)The list of the recognized instJtutions and 'ageoties 'lS'meant in paragraph(1) shall be a<:mssU»e by the publicand used as reference for users ofgeographi cal indications. (6)The technical supervisory team as meant In para graph (1) shall be established by the Directorate General'on the basis of recommendatfon from the team of geographical indiCation specialists. OiAPTERVl GEOGRAPHICAL INDICATIONS FROM OTHER COUNTRIES Artide 20 (1) Anyapplication submitted by applieant domiCiled or livingoutskle the territory of the Republic Of Indone sia shall be submitted through a proxy In Indonesia or diplomatic representativeof the country of origin of geographiCal indications in Indonesia. Business News 7630-7631/2-27-2008 (2)The application as meant in paragraph (1) only can be registered If the oeographical lndlcatlons have secured recognition and/or been regiStered in accor dance with the provision in force In the country of origin. (3)The provision on examination of the completeness of administrative requirements for the applicationas meant in Article 7shall alsoapply to ,application from othercountries. {4lIn the case of the i)ppUcation from other counbies aJreadv fultillingtheprovisionas meant inparagraphs (1),(2) and (3), the Directorate General shall stipu late a deosron that the application can be approved for the registration~ uRdertake the announcement as meant.inAa:ide U. (S)The Directorate Generalshall deny application from other countries in the case of the requirements as Jl'III*\t ifl· pIInlIIgl'Dph5 (1), (2) and (3) being not ful fiNed. (6]The rejection as meant in paragraph (5) shaJJ be notmed to app1lc:ant through proxy or diplomatic representatiVe in IndoneSia in not later than 30 (tf'lirty)da)'§,as: from the date of the refection deci sion. {7)Provisions on procedures for announr::lng, rai~in!l objection and rejoinder as: well as application for appeal in this government regulation shall apply mutatis mutandis to applications from other coun tries. (8)Appllcations from other counbies which are regiS tered shall be protected in accordance with the pro visi0n5 in this government regulation. CHAPl1:RVlI CHANGE AND EXPIRATION OF PROTEmON Part One Change and Withdrawal of Application Article 21. •... Article 21 (1 }Any change in the applitation as meant in Artides 6 and 20 only canbe submittedas long asthe applica tion has notbeenannounced in the Gazette of geo graphicalindications as meant in Article 11. (2) The withdrawal of the application as meant in Ar tides 6 and20onlycan be done beforethe Director ate GeneI'l:\!I deddes tne registratfon of geographical Indications. (3) In the CZIse of the appliartlOl1 being taken back es meantin paragraph (2), aU costs alreadypaidto the Directorate Generclll shan not be re4mbursable. PartTwo Olange In Requirement Book Following the Registration Article 22 (l)Applicant can submitappfication for changing the requirement: book in acx:ordance.witb developments in thescientific and technological flek:ls or cbange in geographical borders. (2)The appJlcation for changing the requirement book asmeantin paragraph (1) shall be submitted in writ ing to the Directorate General by conveying reason and change. 24A (6)The appeal as meant in paragraph (5) can be sub mittPd in not fater than 3 (three) months as from the date of receipt of the rejection decision. PartThrea Expiration of GeographicaHndlcatlon Protection Article 23 (l)Anybody, ineluding the team of gQOgraphical indica tion specialists can convey to the Directorate Gen eral results of observation that specificcharactens tic: and/or quality underlying the granting of protec tion to geographical indication has not existed. (2)1n the case of the observation result as meant in paragraph (1) not coming from the team of geo graphical indicationspecialists, the DirectorateGen emlshlllll pass ontothc omeNation result to the tctlim of geographical Indication spedaUsts in not laterthan 30 (thirty) days as from the date of recerpt of the observation results. (3)ln 6 (six) months as from ttte date of receipt of the observation result as meant paragtaph (2'; the team of geographical indication spedal1sts shall examine and notify result of its decision as well 8S measures whk:h must be taken to the Dirt:CtorClle General. (3)ln the case of the application for changing there qulrement book as meant in paragraph (1) being acceptable, the Directorate General shall announce the change fn geographical indication in Gazette of gf!Ographical indiottions. (4)The provision on theannouncement as meantIn Ar ticle 11 as well asobjection and rejoinder as meant in ArtIde 12 shall applyto the changein the require ment book. (5)ln the case of the Directorate General denying the application for changing the requirement book, the applicantOr proxycanfileappeal to the MarkAppeal commissiOn. Business News 7630-7631/2-27-2008 (4)ln 30 (thirty) days as·from thE: date of receipt of resultOfthe deCtslOnas meant In paragraph (3), the DirectorateGeneral shall consider-result of decision of the team of geographical Indication specialists and measures which must be -taken, including nullifica tion of geographical indications. (5)ln the case of the DirectoJate General deciding the nullification of geographkal indk:ations, the Direc torate General shall notify in writing the applicantor proxy and all users of geographical indications as meant [nArticle 15 paragraph (3) or through proxy in not later than 14 (fourteen) days asfrom the date of receiptof the decision. (6) In . . . . . (6)In not later than 30 (thirty) days as from the date when the result of nullification as meant in paragraph (5) is decided, the Directorate General sholl announce the decision in Gazette of Geographical Indications. 25A a. commercial use of geographical indications, either directly or indirectly for the goods failin~ to meet the requtremeru book; (7)The announcement as meent in p6rng"roph (6) Shfll1 certify the nullification of the geographical indica tions and expiration of the use of geographical indi cations by users of geogrophic:ol lndicattons. (8)The objection to the nullification of geographical in dications- as meant in paragraph (5) can be submit ted to the Court of Commerce In not later than 3 (three) months as from the date of receipt Of deci sion on the JlulJification. CtlAPTER Vln APPEAL OF GEOGRAP-HICAL INDICATION Artide24 (l)ApplicationJor appeal can-be·submitted to the Mark Appeal CommissiQn. by applil"'f1ntQr prrncy.ag;tim:tthp rejectionofaf)Plicatlon as Illepnt in A€ticIe9para graph (4), ArtieJe 10 paragraph.(l),-Artide 13 para graph (4) and Article ')? parag~fih (5). (2)The application for appeal as meant in pareqraph (1) shall be submitted In writing llJ theMBrik·ApoeaI Commission In the period as meant in Article 10 para graph (6), Article 13 parasra,h (5), and Article 22 paragraph W., .,ayiJlQCQSt. (3)The provisions in Artides.29, 30,31,32,33 and 34 of law Number 15120.0100 ,Markaswefl as technical ruIP.s shall apply mutatis mutandis to the application tor appeal. CHAPTER rx VlOLAJ10NAND LAWSUIT Part One Violation of Geographical Indication Article 25 Violation of geographical indication shall cover: Business.News 7630-7631/2-27-2008 b. commercial useof a symbol of geographical indica tion, either dtrecuv or im.lireclly rl,lI protected or not protected goods with a view of: L shOWing that the quality of the-goods is compat Ible to me goods protected by g~rlJphk.:csl imJi cation; 2. earning profit from the use; or 3. earningprontfrom repUtDtlOn.'Of geographlca lln dicatlon; c. me useot geograpnical imhcatiOQS WhICh can rnts l8IId communit{eS·in-eonnection with geographical oFigfn'-•.fIdfOdS; d. uAJf9h1lIous .•use of .~icaf indfGation even ~ .iplaae;(jf~Oftbe.,.ods is declared; e. imitlBtitmoral:her 'kind of-misUse -potential to mis kItId;jnQlft~ .,wIth··thelPlBoed·origln of goods Df"~"~1IiIJectedfrom the statement con tained ,in: 1. wrapper orpadaJge; 2. information in advertisement; 3. inform~tion in document of the goods; 4. itlformation potential to mislead origin (In the case of the packing of goods in a package); or f. otrer acoons-potential to misJead the public at large withregar(Js to the truth of origin of the goods" PartTwo Lawsuit Article 26 (1)1he submission of lawsuit against the violation as meant in Article 25 shall be done in accordance with the provision of Alticle 57 paragraph (1) and Article 58 of law No. 15/2001 on Mark. C21Jbe , ~." .. (2)The lawsuit as meant in paragtaph (1) can be filed by: a. every producer righteous to use geographical in dication; b. institutions representing communities; or c. institutions authorized to do it. (3)The provision of Article 80 of Law No. 15/2001 on Mark shaU apply rnutans-rnutandls to procedures for submitting lawsuit against geographical indication. CHAPTER X PREVIOUS USER OF GEOGRAPHICAL INDICATION Article 27 (1)ln the case of the sym~ as. meant in Artid~ 56 para graph (8) of Law No. 1S/ioOl on Mark being used, and the symbol being already usedwith goodwill by other parties not righteous to use geographical indi cation before and upon the submission of applica tion for registration as geographical indications of the slmlter or same goods, the other parties can usc the symbol for a period of 2 (two) years as from the symbol is registered as geographical indication with the provision that the other parties certify the truth of place of origin of the goods and gua'rantee that the use of the symbol won't mislead the registered geographical Indications. (2)10 the case ofany of the symbols as meant in Article 56 paragraph (8) of Law NO. 15/2001 on Markbeing already registered or used as mark before or upon the submission of application for an geographical indicationof the similar or samegoodsand- the svm bel being later declared registered as geographical indication, theuseof thesymbol as mark withgood will by other parties not righteous to use the geo gra~hical indication shall remain possible with the provisionthat the usersof the mark certify the truth of place of origin of'the goods and guarantee that the use of the symbol won't"mislead the registered geographical indications. Business News7630~7631/2-27~2008 26A CHAPTER XI CONCLUSION Article 28 The government regulationshallcomeinto force as from the date of promulgation. For public cognizance, the government regula tion shall be promulgated by placing it in Statute Book of the Republic of Indonesia. Stipula~ in Jakarta On September4,2008 THE PRESIDENT OFTHE REPUBLIC OF INDONESIA Sgd DR. H. SUSILO BAMBANG YUOHOYONO Promulgated in Jakarta On September4,2007 THE MINISTER OF LAW AND HUMAN RIGHTS Sgd ANDI MAlTALATTA STA1UfE BOOK OF THE REPUBUC OF INDONESIA YEAR 2007 NUMBER U5 ELUCIDAnON ON GOVERNMENT REGULAnON NUMBER 51 YEAR 2007 CONCERNING GEOGRAPHICALINDICA1l0N I. GENERAL In daily life, peopleknow or call nameof a prod uct followed by name of place or rewonof origin of the goods.The disclosure is known geographical indication and is something new in Indonesia even though it has long developed in Europeancountries. Like brand, geographiCal indication constitutes a modelof intellectual propertywhich must be protected by membercountries of the WorldTrade Organization. The provision on the issue is mentioned in Trade-Related In tellectual Property Rights (TRIPs), mainly Artide 22 up to ArtIcle 24 ..... 27A Article 24. In orderto implement the obligation, Article 56 paragraph (9) of Law No. 15/2001 on Markregu~ that the provisions on procedures for registration of geographical indications, will be regulated further by a government regUlation. Basedon the consideratJon, ,this governmentregulation is formulated witha view of rul Ing comprehensively tectuijcal provisions ofLaw No. 15/ 2005on Mark with regards to geographical indications. Geographical Indication constitutes a symbol un COnsciously alreadyexisting"00 indirectJy able to show specialty in a product result from a certain region. The symbol is sUbsequently I,JSed for showingthe origin of a pnxIuct, eitheragriaJltural product, foodstuff, handicraft or othergoods, including rawmaterials and/orprocessed materials coming from agricultural product or mineral. The appointJnentof origin of a produe.t is im portant because of influencefrom gepgraphicalfactors; Induding naturalfactors, humanfactorsor combination of both factors In specified region where the productts produced can gIVe certain characteristic or quality to the product. The charaaerl$tic and qualltyot,~s,. whichis preserved and can be maintained inaspecilied period will resultin reputation(popularity) to the goods, which subsequently enables thegoods to havehighec0 nomicvalue.In relation thereto, the goods deserve ad equate legal protection. legal proted1on of geographkaJ indication can be granted If the registration has been exearted. The registration of geographicallndications alms at guaran ~ng legal certainty.The protectJon period tan be un limited as long as the characteristk: and/orqU811ty un derlying the granting of protection remains existent. The characteristic and/or quality underty;Agthe granting of protectiOn Is mentioned in a requirement: book, afsooontaining information about intIueAteofge0 graphical environment, natural factors as well as hu man factors Influencing the qualltVor dtaracteristic of the'goods, besides covering information about map of regIOn, history. and tradition, processing, vertftcatiQn method of quality of goods as well as iabel whictl is used. The requirement book is formulated by group of communities where the goodsare produced'. Business News 7630-7631/2-27-2008 Owners of geographical indications are appli cants or groups,of mmmunitiesin regions where cer taIngoods Isproduced; competI!ntto maintain, preserve andusegeographicallndlcatlor1s Inconnection with the need of their business. A pmducerable tD produce goods in accordance with the provision dlsdosed In the re quirement book. and ready for apply1ng the provisions as regulated In the requirement book can use the re lated geographicallnd"1CatiOnSafterre9Slering first them selves asusers ofgeographical indicationsat the Direc torateGeneral. As an archioelaglc state rich in knowledge, tra dition andaJlture as well as tropicaldimate resulting in various kinds of goods having not-small economic pe tential, Indonesia should an adequate geographicaHn dication protection system. Hopefutly, the.optimal pr0 tectionof geogriJ)hJcal inc:IicatiDnsGIn not only preserve the environmental conservation but also further maxi mizetheempowermentofnatural andhuman resouo:es in regions. In addition, migrationof potential manpower from region to urban area can be prevented by creat Ing/opening job opportunities and fields for producing certain goods protectedby geographical indicationsancl expected to ha¥e; not--srnall economic value In the re gion. U. ARTIQ.E BY ARTIaE Article 1 Sufficientlydear Artk:Ie 2 Pngraph{l) The other certain symbols·mean symbols In the form of word, pltture or combinationd'the elements. Exam~: • The word "Mirrang" Indicates west Sumatra. PIcture Toraja Tf1!dftiOnaf House rndIc:atesToraJa re glon·in South SUlawesi. Paragraph (2) The deflnition.ofagriculturealso covers forestry, plantation, anima' husbandry, fisheryand marine. The, .... The definition of other goods covers, among others, raw materials and/or processed products of ag ricultural products or minerals. Paragraph (3) The general list of geographical indications means a book ccntalnlnq geographical Indications reg istered at the Directorate General. Paragraph (4) A name, indication or mark already registered as geographical indication cannot be degraded, deemed as a name of goods and subsequently becoming public property. Paragraph (S) SUfficiently clear Article 3 Letters a and b Sufficiently clear Letter c If a geographical indication is used as name of variety of certain plant, the name of the geographical indication only can be used for variety of the plant . Example: The name/word "Cianjur" has been known as name of a variety of paddy.Therefore, the word "Cianjur" cannot hp IIspd as geograrhiral indication nf other vari ety of paddy even though the variety is cult ivated in Cianjur. It Is lnteuded lu avoid the possibllily of mis leading. Nonetheless, the word "Cianjur" can be used as geographical Indication of variety of other plants or goods, such as zalacca fruit, marquisa, tauco etc. Letter d Generic indication is an indication of goods al ready becoming public property becauseit's often used in daily language and therefore, is not protected. Business News 7630-7631/2-27-2008 28A Example: tofu, tempe, bati k, jerukbali, pisang ambon etc. Article 4 Sufficiently clear Article 5 Paragraphs (1) and (2) sufficiently clear Paragraph (3) Letter a Institutions are, among others, cooperatives.es sedations or foundations whose members are local pro ducers. Letter b The institutions authorized to do it are govern ment institution in regions, which oversee the goods submitted for application, such as regional governments In the provincial and/or regental/municipal levels. Letter c SUfficiently clear Article 6 Paragraphs (1) and (2) Sufficiently clear Paragraph (3) Letters a !Ifill 'Ii> stlffltlently-cleat Letter c Differentiating certain goods from other goods ofthe same category IS comparing a product from other similar product, For example, certain rice is compared to other rice. Letter d. . •. . Letter d Description of local geographical environment can cover, among others, description of, highest, low est, average temperature; rain fall, humidity, intensity of sun ray, height and/or kind/condition of soil. Letter e Sufficientlyclear Letter f The description of tradition and history related to the useof geographical conditioncovers, among oth ers, description of community tradition already lasting for a longtime inconnection with theproduction of goods resulting from the region. Letter g up to letter i Sufficientlyclear Paragraph (4) Recommendation is a certificate issued by the institution overseeing goodssubmitted for application. Artlde 7 up to article10 Sufficientlyclear Article 11 P~ragraph (1) Sufficientlyclear Paragraph (2) Abstract of the requirement book is brief infor mation describing Important points of the goods which will be protected ~ygeographical indications. The wholecontent of the requirement book can be ob tained at the DirectorateGeneral. Paragraphs (3) and (4) Sufficientlyclear Articles 12 and 13 Sufficientlyclear Busmess News 7630~7631/2-27-2008 29A Article 14 Paraqraph (l) Nationalgeographical indicationmeans domes tic geographical indication. Evaluating the requirement book means substantial ex amination of recommendation about the requirement book submitted by applicant. Paragraph (2) Specialist havinq capability in geographic indi· cationfield is anybodyhavingexpertisein fields,among others, agriculture, geology, meteorology, marine, for estry, food, beverage and/or other fields relatedto ge0 graphical indications. Paragfaphs (3) and (4) Sufficientlyclear Paragraph (5) Thetechnical evaluation team cannumbermore than one technical team. Paragraph (6) SuffICiently clear Article 15 Sufflciently.clear Artide 16 Paragraph (1) Agencies authorizedto supervise meangQvem merit and non-government institutions competent to evaluateand supervise the quality of a product. Example: The Foodand Drug Supervisory Board (BPOM), com petent to evaluate, verify and/or supervise goods in the form of food and medicines. Sucofindo, competent to analyze the qualityof a prod uct. Paragraph (2) up to paragraph (4) Sufficientlydear Articles 17 and is ..... 'IDA Articles 17and 18 Sufficiently dear Article 19 Paragr.aph ~1} Supervision can be executed along the production and distribution chain of goods. Paragraph (2) The specialists appointed and responsible for the supervision may not hove conflict of interest in connection with geographical indications, which will be supervised. Paragraph (3) up to paragraph (-6) Sufficiently dear Article 20 up to article 24 Sufficiently clear Article 25 Letter .a up to letter c SUfficiently clear Letterd Unrighteous use of 9~raphi(:a1 indication covers, among others misuse imitation and negative image building of certain geographlC".31 Indinttion~. gjrn as the use of word u:.siVl@, rnodt=!l the same as, similar. made J)y the same method, Sharing"of.the same characteristic, resembling, like, or transliteration or similar/compatible to the words. Letters e and f Suf'fidf"ntly n:.ar Artide 26 SUfftciently clear Artide "1.7 Paragra~~l already used is a symbol not registered. Paragraph .) ntIydear AJtide 28 SuffIdentty dear SUPPLEMENT TO STATUTE BOOK OF THE REPUBUC OF INDONESIA NUMBER 4763 ==={ R)=== Business News 76»-1.631/2:'27-2008 ,lS,Qfk:igncv« •.•.