Rafie Juliano Devito – 1806174465 KKI

Philosophy of Law
INTELLECTUAL PROPERTY ASSIGNMENT

1. Explain and analyze the concept of “Protected Designation of Origin”, “Protected

Geographical Indication” and “Guaranteed Traditional Specialty” in EU jurisdiction.
Then, compare the three concepts to the concept of “Geographical Indication” in
Indonesian Trademark and Geographical Indication Law. The analysis should at least
covers the similarity and differences from the four concepts stated above.

Protected Designation of Origin under European Union Law

Protected Designation of Origin (PDO) can be granted to a product that has been produced,
processed and prepared in a given geographical area using recognized know-how. The quality
and characteristics of such products are essentially due to the geographical environment, like a
raw material produced in the area.1

Protected Geographical Indication under European Union Law

According to the World Trade Organization, a Geographical Indication (GI) is a product with
“a given quality essentially attributable to its geographical origin”. In the European Union
(EU), there are three GI schemes: for wine, for spirits, and for food. Regulation 1151/2012
safeguards food Geographical Indications in the EU.2 Producers must form a producer group,
establish a product specification, and submit an application that is both national and EU-wide.
Article 13(b) of the legislation protects EU-wide against "any misuse, imitation, or evocation,
even if the genuine origin of the products or services is indicated or if the protected term is
translated or accompanied by an expression such as'style, type, or method'." The efficiency
argument for GIs is that markets for high-quality items may evaporate in the absence of genuine
certification. If private brands are prohibitively expensive for small producers, a government-
run system based on a collective GI may be a more cost-effective means of ensuring quality.
The EU defends its GI policy by claiming that it protects rural livelihoods and preserves
traditional culture, in addition to economic efficiency grounds. GIs were formed in the past to
prevent or mitigate the damage caused by lower-quality producers utilizing labels like

1
PDO and PGI products represent the excellence of European Agricultural Food Production. AOP IGP. (n.d.).
Retrieved November 23, 2021, from https://www.pdopgi.eu/european-certification-system/.
2
Quality Schemes explained. European Commission - European Commission. (2021, October 25). Retrieved
November 23, 2021, from https://ec.europa.eu/info/food-farming-fisheries/food-safety-and-
quality/certification/quality-labels/quality-schemes-explained_en.
Rafie Juliano Devito – 1806174465 KKI
Philosophy of Law
Burgundy, Port, and Chianti. Developing countries are increasingly registering GIs and
establishing their own systems in the EU.3

Guaranteed Traditional Specialty under European Union Law

Traditional Specialty Guaranteed (TSG) protection does not refer to the product's origin, but
rather to its traditional composition or manufacturing methods. A product name for which a
certificate of specific character has been given can be manufactured anywhere in the EU, but
it must be manufactured using the registered manufacturing method. The EU-wide system for
protecting the names of agricultural products and foodstuffs has been in force since 1993. In
total, more than 1,200 protected product names have been registered in the EU. All protected
products are included in the European Commission’s DOOR database, organised by product
group and country.4

Comparison between EU Concepts and Indonesian Geographical Indication

The term geographical indication in Indonesia was originally included in the Act. No. 15 of
2001 as the final result of the amendment to the Law. No. 14 of 1970 jo. Act. No. 12 of 1992
concerning Brands. Geographical indications are regulated in Chapter VII of the Law. No. 15
of 2001. Chapter VII consists of two regulations concerning geographical indications and
indications of origin. Articles 56 to 58 regulate geographical indications, while articles 59 and
60 regulate origin indications. Brands and geographical indications provide a different concept
of protection for a product. A mark provides protection for a mark on goods or services while
a geographical indication protects a mark on goods that have characteristics originating from
an area. The factor that distinguishes the two is the presence or absence of geographical
environmental factors that affect the characteristics of the goods. The basic principle of
protection in the European Union is that if a product from the country of origin is protected in
another signatory country of a bilateral agreement (the country of protection), then the
geographical indication of the country of origin will be regulated within the jurisdiction of the
protective country based on the country of origin. This means that the expansion of
geographical indications can be carried out by applying for protection of geographical

3
Curzi, D., & Huysmans, M. (2021, May 7). The impact of protecting EU geographical indications in trade
agreements. Wiley Online Library. Retrieved November 23, 2021, from
https://onlinelibrary.wiley.com/doi/full/10.1111/ajae.12226.
4
Summaries of EU legislation. EUR. (n.d.). Retrieved November 23, 2021, from https://eur-lex.europa.eu/legal-
content/EN/TXT/?uri=LEGISSUM%3Al66043.
Rafie Juliano Devito – 1806174465 KKI
Philosophy of Law
indications of products that have received protection in their country of origin to other countries
through bilateral agreements.5

2. Explain the definition, function, ownership and differences between the concept of
“collective marks” and trademark. Then, give the analysis on the advantage and
disadvantages of the Collective marks owned by Kampoeng Batik Laweyan.

A collective trademark, collective trade mark, or collective mark is a trademark owned by an

organization (such as an association) that is used by its members to identify themselves with a
certain level of quality or accuracy, geographic origin, or other characteristics established by
the organization. Meanwhile, trademark is one of several types of IPR (Intellectual Property
Rights) which consists of a design, sign, or a recognizable expression to identify services or
products introduced to the market. In Indonesia, trademarks are known as merek dagang.
According to OJK (Financial Services Authority), defines a trademark as a symbol used by
wholesalers. Whereas in Law No. 15 of 2001 concerning Marks Article 1, a trademark is a
mark used on goods traded by a person or several people jointly or by a legal entity to
distinguish them from other similar goods. Indeed, the collective mark is largely intended to
allow customers to identify a product's or service's origin. 6geographical area, manufacturing
method, or any other distinctive communal products or services of the incumbent entity's
members However, in order to use this symbol on its own products, it must first obtain
permission from the body that owns the collective trademark. Indeed, the latter must ensure
that its members adhere to a set of standards, which must be specified in the trademark's
regulations of use.7

Using trademarks to protect local batik products and to strengthen the position of batik SmEs
in competition with traders of imported 'batik' could be one solution. In this context, trademarks
can assist in distinguishing local batik SmEs products from imported 'batik.' Trademarks can
be used to identify the source of batik items, whether they are made by local small businesses
or by foreign corporations. Furthermore, trademarks can be used to identify which products are
Indonesian batik and which are just imported fabrics printed with batik patterns/motifs. From

5
Ayu, M. R. (2006). Memperbincangkan Hak kekayaan intelektual: Indikasi geografis. Alumni.
6
Rosén, J. (2012). Individualism and collectiveness in intellectual property law. Edward Elgar.
7
Barnes, D. W. (2014). Trademark and unfair competition law: Cases and problems in an intellectual property
context. Wolters Kluwer Law & Business.
Rafie Juliano Devito – 1806174465 KKI
Philosophy of Law
the standpoint of consumers, using trademarks to distinguish between local batik and imported
'batik' can help them grasp the fundamental differences between the two, as well as educate
them about the cultural traditions around batik. In this scenario, trademarks may serve at least
two purposes: (1) as an identification mark to distinguish local batik products from imported
textiles, and (2) as a distinguishing mark for each of the batik SmEs in respect to their quality
and batik product characteristics. The trademarks can therefore help SmEs promote and
advertise their products, even in domestic marketplaces where they compete with imported
textile traders. 8The planned action to prepare Indonesia's batik SmEs to cope with the free-
trade market in 2015 includes the enhancement of SmEs' entrepreneurship through trademarks
for reputation building and the creation of branding infrastructure. According to article 1 point
4 of the Law on Trademarks, Law No. 15 Year 2001, Law No. 110 Year 2001, collective
markings/trademarks are marks that are used for particular products and/or services that have
similar features and are traded by a group of individuals or companies. SmEs living in a certain
cluster and/or grouped in a community with similar handicraft items may use and establish
their own collective trademarks in this context. The members of a group, association, or
organization that is involved in the trading of similar products or services typically utilize
collective trademarks. To use the trademark collectively, the members must agree on terms and
conditions, or regulations, for the trademark's use, such as just for specific categories of items
or services with specific traits or attributes. This set of regulations is also crucial in order to
maintain the quality and characteristics of the products, so that if any member fails to follow
the rules, their ability to use the collective mark may be cancelled.9 The most successful
technique of monitoring the use of their collective mark in the batik company managed by the
SmEs in Laweyan is a combination of its own supervision and managing feedback or reports
from third parties. The collective mark managers can decide the best techniques for overseeing
the various distribution channels by gathering information from members of the collective
mark owners about their distribution routes. To encourage external input or reporting, Laweyan
collective mark managers should educate the public about the existence of a Laweyan
collective mark. Laweyan batik collective mark managers should work to increase customer
loyalty before designing a system that allows customers to simply report a violation of their
collective mark. Collective mark managers can also award each reporter, incentivizing their

8
Butt, S. (2001). Intellectual property law in Indonesia: A problematic legal transplant.
9
Roostika, R. (2019). Territorial Marketing and collective branding to support Regional Development: A Study
of smes batik industry. Russian Journal of Agricultural and Socio-Economic Sciences, 90(6), 97–106.
https://doi.org/10.18551/rjoas.2019-06.14
Rafie Juliano Devito – 1806174465 KKI
Philosophy of Law
customers to file a violation report. Furthermore, in order to optimize supervision, Laweyan
collective mark managers must actively collaborate with local police and legal aid institutions
in performing law enforcement. In terms of sanctions, if the case is settled in court, this is an
aspect that cannot be controlled only by the owner of trademark rights. This is because the
implementation of punishments is decided by the judges in any legal case. If, on the other hand,
the violation occurs and the perpetrator is the internal management of collective marks, the
offense should be resolved outside of court and the punishments determined sensibly by the
internal management of collective markings. Because of the low cost, quick processing time,
and ability to promptly enforce sanctions, the last method is the most successful.10

3. Mention 5 Geographical Indication registered in Indonesia in agricultural and Non-

agricultural product.11

PRODUCT HOLDER LOGO

Kopi Arabika MPIG (Masyarakat
Kintamani Bali Perlindungan
Indikasi Geografis)
Kopi Kintamani Bali

Mebel Ukir Jepara Jepara Indikasi

Geografis Produk-
Mebel Ukir Jepara
(JIP- MUJ)

Lada Putih Muntok Badan Pengelola,

Pengembangan dan
Pemasaran Lada
(BP3L) Provinsi

10
Sardjono, A., Prastyo, B. A., & Larasati, D. G. (2015). Development of collective trademark for batik
industry in Kampung Batik Laweyan (Laweyan Batik’s Village), solo. Indonesia Law Review, 5(1), 33.
https://doi.org/10.15742/ilrev.v5n1.136
11
Indikasi Geografis. Brand. (n.d.). Retrieved November 23, 2021, from https://ig.dgip.go.id/.
Rafie Juliano Devito – 1806174465 KKI
Philosophy of Law
Kepulauan Bangka
Belitung

Kopi Arabika Gayo Masyarakat

Perlindungan Kopi
Gayo

Susu Kuda Asosiasi

Sumbawa Pengembangan Susu
Kuda Sumbawa