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.
Author: Mas Rahmah
Journal Code: jphukumgg150066
