CHAPTER IXA: GEOGRAPHICAL INDICATION AND SOURCE OF ORIGIN

Part One: Geographical Indication

 

Article 79A

(1) Geographical indication shall be protected as a sign which indicates the place of origin of goods, which due to its geographical environment factors, including the factor of the nature, the human or the combination of the two factors, gives a specific characteristics and quality on the goods produced therein.

(2) Geographical indication shall be protected after registration, based on the application filed by:

a. an institution that represents the society in the area which produces the goods concerned, which consists of:

1) parties who undertake business on goods of natural products or natural resources;

2) producers of agricultural products;

3) people who make handicraft or industrial products;

4) merchants who sell the goods concerned;

b. an institution that is given the authority to do so;

c. groups of consumers of the goods concerned.

(3) Provisions concerning announcement as referred to in Article 19, Article 20, Article 21, Article 22, Article 23, Article 24, and Article 25 shall be applicable to announcement of application for registration of geographical indication.

(4) An application for registration of a geographical indication shall be refused by the Trade Mark Office, if the sign concerned:

a. is against ethics, public order, likely to deceive or mislead people as of the characteristics, such as features, quality, source of origin, process of production or the usage;

b. does not qualify to be registered as a geographical indication.

(5) Provisions concerning appeal shall be applicable to refusal of registration of geographical indication as referred to in paragraph (4).

(6) A registered geographical indication enjoys a legal protection which persists as far as the features and or the quality on which the protection has been conferred still exist.

(7) If prior to or on the date of application for registration of a geographical indication as sign has been used in good faith by another party who has no right to register pursuant to the provisions as referred to in paragraph (2), the party who has been acting in good faith may continue to use the sign concerned for a period of 2 (two) years as from the date of its registration as a geographical indication.

(8) Further provisions concerning procedures for registration of geographical indication shall be stipulated in a Government Regulation.

 

Article 79B

  1. The right holder of a geographical indication may file a lawsuit against an unlawful user of the geographical indication, such as to claim for damages, injunction order as well as disposal of labels of the geographical indication concerned which have been unlawfully used.
  2. To prevent any further loss on the party whose right has been infringed, a judge may order the defendant to cease any activities of producing, multiplying, and may order to destroy labels of the geographical indication which have been unlawfully used.

 

Article 79C

Provisions as referred to in Article 80 shall also be applicable in the implementation of the rights on geographical indication.

 

Part Two : Source of Origin

 

Article 79D

Source of origin shall be protected as a sign which:

  1. complies with the provisions of Article 79A paragraph (1), but it has been registered; or
  2. solely indicates the origin of certain goods or services.

 

Article 79E

Provisions as referred to in Article 79B and Article 79C shall be applicable on the holder of rights on source of origin.

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