Geographical indications protection in Indonesia based on cultural rights approach

Publication Type:
Thesis
Issue Date:
2008
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NO FULL TEXT AVAILABLE. This thesis contains 3rd party copyright material. ----- Geographical Indications in the Agreement of Trade-Related Aspects on Intellectual Property Rights (TRIPS) is an Intellectual Property Rights subject matter identifying a geographical origin of a product which serves the product with a special character. Although obligatory, TRIPS Agreement provides its members with flexibility to establish a Geographical Indications protection system in their national levels. As a member of TRIPS Agreement, Indonesia has been attempting to provide a national protection for Geographical Indication in accordance with TRIPS Agreement. Yet, until present none of Geographical Indication potentials has successfully gained protection. To solve this problem, this research was intended to evaluate the existing Indonesian legal protection system by using the Cultural Rights Approach to propose the more effective model for Geographical Indication protection in Indonesia. This research used textual data to analyse and compare a number of international laws related to geographical origins and several established protection models in selected countries. Besides that, contextual data were obtained from seven places in Indonesia and two places in Australian to understand the real problems and to accommodate the real interests from the fields. The result of this research proves that Specific Level Mode of Geographical Indication protection is the most suitable model of protection system for Indonesia.
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