PROTECTION OF GEOGRAPHICAL INDICATION UNDER TRADEMARK SYSTEM: TO FIT THE SQUARE INTO THE TRIANGLE?

Abstract: This essay will analyse the main problems of protecting Geograhical Indication (GI) under trademark law. The problems includes improper definition, inclusion of craft, the treat becomes generic, the the registration conflict and its obstacles. Furthermore, this essay assumes that trademark law seems insufficient and incompatible to protect GI. Then essay advises an alternative protection under sui generis law by firstly describing legal basis for sui generis system for GI and minimum elements in sui generis law. Finally the essay conclude whether GI in Indonesia be more appropriately protected under sui generis law or not.

Keywords: geographical indication, trademark, sui generis

Author: Mas Rahmah

Journal Code: jphukumgg150066

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Jp Hukum gg 2015

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