The Legal Protection on Geographical Indications in Jayapura

Abstract

Jayapura has potential change to get intellectual property rights, particular geographical indication. The type of research used is empirical legal research because it is motivated by the thought that law cannot be separated from people's lives in the form of values and attitudes/behaviors that are carried out (law is not autonomous), so that in the view of empirical science, a normative approach is used to examine problems related to the protection of indications. Geographically in Jayapura Regency, Papua, how does the law exist in people's lives.The results of the study reveal that an effort to map geographical indications is carried out to determine the boundaries of cases of violations of geographical indications so that the holders of geographical indications can file lawsuits against users of geographical indications without rights, in the form of compensation payments and termination. Use and destruction of geographical indication labels that are used without rights through registration and publication. Geographical indications are protected as long as the reputation, quality and characteristics that are the basis for the protection of geographical indications are maintained for an item. And the protection will be removed if these provisions are not met, and/or conflict with state ideology, legislation, morality, religion, decency and public order. Therefore, the mapping of geographical indications must be arranged in a geographical indication document that can be verified. Identified procedures for submitting geographical indications and procedures for registering geographical indications. Legal protection of geographical indications can be carried out in the form of preventive and repressive measures. Preventive action is prevention through refusal of registration and repressive payment of compensation.

Keywords: Legal Protection, Geographical Indications Jayapura Regency.

DOI: 10.7176/JLPG/137-05

Publication date:October 31^st 2023