SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 115, 2007 | (Explanation In Addition Of State Sheet Republic Indonesia Number 4763) |
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
No. 51 YEAR 2007
ABOUT
INDICATIONS-INDICATIONS
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,,, weighed: that to carry out the provisions of Article 56 paragraph (9) of Act Number 15 of 2001 on the Brand, need to establish Government Regulation on Indicationism;
.,, Given: 1. Section 5 of the paragraph (2) of the Basic Law of the Republic of Indonesia Year of 1945;
., 2. Law No. 15 Year 2001 on the Brand (sheet of State of the Republic of Indonesia of 2001 No. 110, Additional Gazette of the Republic of Indonesia Number 4131);
DECIDED:
Establish: GOVERNMENT REGULATIONS ON THE INDICATIVE OF THE STATES.
BAB I
UMUM PROVISIONS
Section 1
In this Government Regulation which is intended with:
., 1. A geographical indicator is a sign indicating an area of origin, which is due to a geographical environmental factor including a natural factor, a human factor, or a combination of both factors, providing a particular characteristic and quality to the item. It's produced
., 2. A request is an Indic-Indic registration request that is submitted in writing to the General Directorate.
3. The applicant is the party to submit the request.
4. Manufacturers are the ones that produce the goods.
. .5. Intellectual property rights consultant is a person with expertise in the field of intellectual property rights and specifically provides services in the field of application and application for patent, Brand, Industrial Design as well as property rights fields. Other intellectual, including the geo-Indic and are listed as Intellectual Property Consultants in the Directorate General.
6. Power is the Intellectual Property Rights Consultant.
., 7. The date of acceptance is the acceptance date of the request that has met the administrative requirements.
8. Day is a work day.
., 9. A book of Requirements is a document that contains information about the qualities and characteristics typical of goods that can be used to distinguish goods that are one with other goods that share the same category.
., 10. Geographic Indicators are Manufacturers that produce items in accordance with the Book of Related Requirements and are listed in the General Directorate.
., 11. The General Directorate is the Directorate General of Intellectual Property Rights which is under the department headed by the Minister.
., 12. The Minister is the minister who oversees the departments that are one of the spheres of duty and his responsibilities include the field of intellectual property rights, including the indicative-of-the-law.
BAB II
THE INDICATIVE SCOPE OF
The First Part
Common
Section 2
., (1) The mark as referred to in Article 1 of the number 1 is the name of a place or other locale or other sign that indicates the origin of the place in which the goods are covered are protected by the geographic Indicators.
., (2) The goods as referred to in paragraph (1) may be agricultural products, processed products, handicraft results, or other goods as referred to in Article 1 of 1.
.,, (3) the Mark as referred to in paragraph (1) is protected as an Indic if it has been listed in the Geographic Indic General List of the Directorate General.
(4) Regents of the listed cannot be changed to the common property.
., (5) The mark as referred to in paragraph (1) may only be used on goods that meet the requirements as set forth in the Book of Requirements.
The Second Part
Unregistered Geographical Indications
Section 3
The geographical indicator may not be registered if the sign is moveted:
., a., a. contrary to laws, religious morality, decency or public order;
., b. mislead or personuse society about: the characteristics, properties, quality, origin, processes of the making, and/or the use of it;
., c. is a local geographical name that has been used as a plant variety name, and is used for the type of plant of the same type; or
D. has become generic.
The Third Part
The Term Protection of Geographical Indicators
Section 4
The geographical indications are protected during the characteristic characteristic and the quality that is the basis for the given protection of these geographical indications is still there.
BAB III
THE TERMS AND GRAMMAR OF THE REQUEST
Section 5
.,, (1) The application is submitted in writing in Indonesian by the applicant or through its Submission by filling out the form in a 3 (3) double to the General Directorate.
.,, (2) The form and contents of the application form as referred to in paragraph (1) are set by the Directorate General.
(3) The applicant as referred to in paragraph (1) consists of:
.,
., a., a. the institutions that represent the communities in the area that produce the goods are concerned, consisting of:
., 1. parties that are working for natural products or natural wealth;
2. Agricultural yield goods manufacturer;
3. makers of handicraft handicrafts or industrial output goods; or
4. The merchant who sold the goods;
B. the institution given the authority to it; or
c. consumer group of such goods.
Section 6
.,, (1) the invocation as referred to in Section 5 must list the administrative requirements as follows:
., a., a. date, month, and year;
B. the full name, citizenship, and the applicant ' s address; and
c. Full name and address of the Power, if the invocation is submitted through the Power.
(2) The application as referred to in paragraph (1) must be lamped:
., a., a. a special power letter, if a request is submitted by the Power; and
B. Proof of payment.
.,, (3) the invocation as referred to in paragraph (1) must be supplemented with a Book of Requirements consisting of:
., a., a. the names of the geographies are moveed for its listing;
B. the name of the item protected by the geographics;
., c. descriptions of the characteristics and qualities that distinguish certain items with other goods which have the same category, and explain about its relationship with the area where the goods are generated.
., d. description of the geographic environment as well as the nature factor and the human factor that is a single entity in providing influence to the quality or characteristic of the resulting goods;
., e. description of the boundaries of the region and/or the map of the region covered by the geographies;
., f. Description of the history and tradition related to the use of the geographies to mark the items generated in the area, including the recognition of the public regarding such geographic Indicators;
., g. description describing the production process, processing process, and manufacturing process used so that it allows any manufacturer in the area to produce, process, or create related items;
., h. description of the method used to test the quality of the resulting goods; and
i. label used on goods and loading Indic-Indias.
.,, (4) the description of the boundaries of the region and/or map of the region covered by the Geographical Indicators as referred to in paragraph (3) the letter e must be recommended from the authority of the authorized instance.
BAB IV
SET THE EXAMINATION WAY
The First Part
Administrative Check
Section 7
.,, (1) the General Directorate does administrative checks for the completeness of the Application requirements as referred to in Section 5 and Section 6 in the longest 14 (fourteen) days from the date of the receipt.
.,, (2) In the event of a request to have met the requirements as referred to in Section 5, Section 6 of the paragraph (1), Section 6 of the paragraph (2) letter b, and Section 6 of the paragraph (3), the Directorate General provides the Reception Date.
.,, (3) In the event of the completeness of the requirements as referred to in paragraph (2) the Directorate General tells it in writing to the applicant or its Ruler to complete the requirements of such requirements in the most prolonged time 3 (3) Months from the date of receipt of the notice.
.,, (4) In terms of the completeness of the requirement not fulfilled in the term as referred to in paragraph (3), the Directorate General informed it in writing to the applicant or through its ruler that the plea was deemed to be withdrawn and Announcing it in the Official Geographic News.
.,, (5) In terms of the request is considered to be retracted as referred to in verse (4), the fees that have been paid to the Directorate General cannot be retracted.
The Second Part
Substantive Check
Section 8
.,, (1) In the most prolonged period of 1 (one) months from the date of the completion of the requirements as referred to in Section 7 of the paragraph (2), the General Directorate shall continue to Request to the Geographic Indicators Team.
.,, (2) The Geographic Indicator Team performs a substantive examination of the invocation in the most prolonged period of 2 (two) years from the date of the receipt, as referred to in paragraph (1).
., (3) substantive examination as referred to in paragraph (2) is exercised under the provisions of Article 1 of 1, Section 3, and Article 6 of the paragraph (3).
.,, (4) In the case of the Geographical Indicator Team considering that the invocation has met the registration provision as referred to in paragraph (3), the Geographic Indicators Team submitted a proposal to the General Directorate for the Geographical Indicators. It is listed on the List of Public Indicators.
(5) substantive examination as referred to in paragraph (2) is charged.
., (6) The cost of substantive checks as referred to in paragraph (5) must be paid prior to the termination of the term of the Request announcement.
.,, (7) In terms of such a substantive check charge not paid in the term as referred to in paragraph (6), the plea is considered to be recalled.
Section 9
.,, (1) In the case of the Geographical Indicators team approving an Indic may be listed as referred to in Article 8 of the paragraph (4), the Geographic Indicator Team proposes to the Directorate General to announce the related information with such geographical information, including, without, the terms of this Service, the terms and conditions of this Service, and the terms of this Service, and the terms of this Service, and the terms of this Service, and the terms of this Service.
.,, (2) In the case of the Geographical Indicators team that the invocation is denied, in the most prolonged period 30 (thirty) days from the date of the receipt of the proposal from the Geographic Indicator Team, the Directorate General tells it in writing to The applicant or through his power by mentioning his reasons.
., (3) Within the longest 3 (three) months of the date of receipt of the notice of the notice as referred to in paragraph (2), the applicant or its Ruler may resubmit a response to such refusal by mentioning the reason.
.,, (4) In the case of the applicant or its Ruler does not convey a response to the refusal in the term as referred to in paragraph (3), the Directorate General specified the decision on the rejection of the plea and told it to The applicant or through his power.
.,, (5) In the case of the applicant or its Ruler conveing a response to the rejection as referred to in paragraph (3), within the longest period of 30 (thirty) days since the acceptance of the response to that rejection, the Directorate General Submit a response to the following:
Section 10
.,, (1) The Geographic Indicator Team performs a return examination and proposes a decision within the most prolonged period of 3 (three) months from the acceptance of the response as referred to in Article 9 of the paragraph (5).
.,, (2) In the case of the Geographical Indicator team to the response referred to in Article 9 of the paragraph (3), the Directorate General announces the Geographical Indicators and the Book of Requirements, based on the proposal of the decision as referred to in paragraph (1), in the Official Stories of the Geographical.
.,, (3) In the case of the Geographical Indicator team not approving a response as referred to in Article 9 of the paragraph (3), the Directorate General sets out the decision to deny the Plea.
.,, (4) Within the longest 30 (thirty) days of the Directorate General informing in writing of the rejection decision as referred to in Article 9 of the paragraph (4) and Article 10 of the paragraph (3) to the applicant or through its Mentions by mentioning Why.
.,, (5) In terms of the Plea being denied, any fees that have been paid to the Directorate General cannot be withdrawn.
.,, (6) In the most prolonged period of 3 (three) months from the date of the receipt of the rejection decision notice as referred to in paragraph (4), the applicant or its Ruler may appeal to the Trademark Appeal Commission.
.,, (7) The fee to apply for an appeal to the Trademark Appeal Commission must be paid at the time of applying for such appeal.
The Third Part
Announcement
Section 11
.,, (1) In the most prolonged period of 10 (ten) days from the date of the approval of the Geographic Indicators to be registered or rejected, the Directorate General announces the decision in the Official Stories of the Geographical Indicators.
.,, (2) In terms of the Geographical Indicators to be listed as referred to in paragraph (1), the Announcement in the Official Gazette contains the number of invocation, full name and address of the applicant, the name and address of its name, the Date of Acceptance, Indications are defined, and abstraction of the Book of Requirements.
.,, (3) In terms of the Geographical Indications (1), the Announcement in the Official Gazette contains the number of wishes, the full name and the address of the applicant, its name and address, and the name of the geographical Indic. Just ask for the registration.
.,, (4) The announcement as referred to in paragraph (2) is performed for 3 (three) months.
The Fourth Part
Objections and disclaiers
Section 12
.,, (1) During the term of the announcement as referred to in Section 11 of the paragraph (4), against the promulgations that are announced as referred to in Section 11 of the paragraph (2), each party may submit an objection in writing of the Application to the Client. The Directorate General is in triple 3 (three), by paying the fee.
.,, (2) Objection as referred to in paragraph (1) contains reason with sufficient proof that the invocation should not be registered or rejected under this Government Regulation.
(3), (3) Objection from the (1) verse, (1) may also be associated with the limits of the regions covered by the Geographical Indicator (s) that are left on the list.
.,, (4) In the event of any objection as referred to in paragraph (2) and/or paragraph (3), the Directorate General in the longest time 14 (fourteen) days from the date of receipt of objection, send a copy of such objection to the The petitioner or the man.
.,, (5) the applicant or its Supplicant is entitled to the disclaimer of objection as referred to in paragraph (4) to the Directorate General in the longest time 2 (two) months from the date of receipt of the copy of the object's objection.
The Fifth Part
The Substantive Replay Check
Section 13
.,, (1) In the event of a disclaimer as referred to in Section 12 of the paragraph (5), the Geographical Indicator Team does a substantive examination of the geographical Indias with regard to the disclaiment.
.,, (2) the substantive examination of the repeat as referred to in paragraph (1) is completed in the most prolonged period of 6 (six) months from the date of the expiration of the term of the disclaimer as referred to in Article 12 of the paragraph (5).
., (3) In the case of no objection as referred to in Article 12 of the paragraph (1), the Directorate General conducts registration of the Indias in the General List of Geographical indications.
.,, (4) In terms of the results of a substantive review as referred to in paragraph (1) and paragraph (2) states that the objection is acceptable, the Directorate General tells it in writing to the applicant or through its Ruler that Indications are rejected.
.,, (5) In the most prolonged period of 3 (three) months from the acceptance of the rejection decision as referred to in paragraph (4), the applicant or its Ruler may appeal to the Trademark Appeal Commission.
.,, (6) In terms of the results of a substantive review as referred to in paragraph (1) and paragraph (2) states that the objection is not acceptable, the Directorate General conducts registration of the Geographical Indicators in the General List. Indications-geographical.
.,, (7) In the most prolonged period of 30 (thirty) days since the dismay of the substantive examination results, the Directorate General announced the decision in the Official Indic-geographical news.
The Sixth Part
The Geographical Indicator Team
Section 14
.,, (1) The Geographic Indicator Team is a non-structural institution that performs the assessment of the Book of Requirements, and provides consideration to the General Directorate with respect to registration, alteration, cancellation, and/or National Geographic Surveillance.
.,, (2) Members of the Geographical Indicator Team as referred to in paragraph (1) are composed of experts who have proficiency in the fields of Indic origin who are derived from:
., a., a. a representative of the General Directorate;
., b. a representative of the department that enforces agricultural, industrial, trading, and/or other related departments;
.,, c. representative of the instance or agency authorized to perform the supervision and/or testing of the quality of the goods; and/or
D. Another competent expert.
.,, (3) Members of the Geographical Indicator team as referred to in paragraph (2) are appointed and dismissed by the Minister for a term of 5 (5) years.
.,, (4) The geographic Indicator Team is led by a selected chairman of and by members of the Geographic Indicators Team.
.,, (5) In the course of the task and function as referred to in paragraph (1), the Geographic Indicator Team is assisted by the Assessment Technical Team whose membership is based on expertise.
.,, (6) The Assessment Technical Team as referred to in paragraph (5) is set up by the General Directorate on the recommendation of the Geographic Indicators Team.
BAB V
USE AND SUPERVISION
INDICATIONS-INDICATIONS
The First Part
The Geographical Indicator
Section 15
.,, (1) The Producers ' Party of interest to use the Geographical Indicators must register as a Indicator-geographical charge to the General Directorate at the expense of the applicable provisions.
.,, (2) The manufacturer as referred to in paragraph (1), must fill a statement form as specified by the Directorate General with the accompanying recommendation of the authorized technical instance.
.,, (3) In the most prolonged period of 30 (thirty) days after completing the requirements as referred to in paragraph (2), the Directorate General enlists the Geographic Indicators in the General List of Geographic Indicators and announces the name and information on the Official Indic.
The Second Part
Supervision of the funeral
The Geographical indicator
Section 16
.,, (1) Each party may convey the results of the supervision of the Unauthorized Use of the Geographical User to the authorities with a gust delivered to the Directorate General that the information covered in the Book of Requirements concerning the goods The geographic area is not covered.
., (2) The results of the supervision as referred to in paragraph (1), must contain the proof and reason.
., (3) Within the longest seven (seven) days of the receipt of the watch as contemplated in paragraph (1), the Directorate General delivered the results of such surveillance to the Geographic Indicators Team.
.,, (4) Within the longest six (six) months of the time since the receipt of the surveillance result in paragraph (3), the Geographic Indicator Team examines the results of such surveillance and delivers the results of its review to the Director General, including acts that need to be done by the General Directorate.
Section 17
(1) In the longest thirty (thirty) days of receiving the results of the examination as referred to in Article 16 of the paragraph (4), the Directorate General decides on actions that must be performed, including for a cancellation of the proceedings. against the registered Geographical Indicator (s).
.,, (2) In the event the Directorate General decided to perform an annulment against the registered Geographical Indicator, the registered Geographical Indicator will be removed from the General List of Geographical Indications and subsequently stated as It is not authorized to use any of the following:
.,, (3) The objection to the cancellation of the listed geographic Indic as referred to in paragraph (2) may be submitted through the Court of Commerce at most 3 (three) months from the time of the cancellation of the cancellation decision.
., (4) Within the longest 30 (thirty) days of the cancellation of the cancellation as referred to in paragraph (2) the Directorate General announced the decision in the Official Indic News.
Section 18
.,, (1) The removal of the registered Geographical Indicator may be submitted on the preface of the relevant Geographical Indicator.
.,, (2) In the case of the Elimination as referred to in paragraph (1), then the registered Geographical Indicator will be removed from the General List of Geographical Indications and will then be declared as not entitled to use the Geographical.
., (3) Within the longest 30 (thirty) days of the discounting as contemplated in verse (2), the Directorate General announced the decision in the Official Gazette-geographical news.
The Third Part
Supervision of the use of
The Geographical indicator
Section 19
.,, (1) The Geographic Indicator Team organizes and monitors the supervision of the use of the geographies in the territory of the Republic of Indonesia.
., (2) In exercising its duties and functions as referred to in paragraph (1), the Geographical Indicator Team may be assisted by a Surveillance Technical Team consisting of technical personnel in a particular field of goods to give consideration or perform Surveillance assignment.
.,, (3) The Surveillance Technical Team as referred to in paragraph (2), may be derived from:
.,
., a., a. Competent agencies carry out surveillance both at the regional level and at the center level; and/or
., b. Private institutions or non-department government agencies are recognized as competent institutions in carrying out inspections/supervision related to goods protected by the Geographic Indicators.
.,, (4) The list of recognized institutions and institutions as referred to in verse (3) must always be updated and monitored by the Geographic Indicators Team.
.,, (5) The list of recognized institutions and institutions as referred to in verse (3) must be accessible to the general public and used as a reference to the Geographical Indicator-use.
.,, (6) The Surveillance Technical Team as referred to in paragraph (2) is formed by the Directorate General on the recommendation of the Geographical Indicator team.
BAB VI
THE INDICATORS-GEOGRAPHICAL OF
OVERSEAS
Section 20
.,, (1) the application submitted by the Applicant Residing or standing outside of the State of the Republic of Indonesia is required to be submitted through its Domain in Indonesia or through the country's diplomatic representation of the countries of the origin of the country in the country of Indonesia. Indonesia.
.,, (2) the invocation as referred to in paragraph (1) may only be registered if such geographical indicators have obtained the recognition and/or are registered in accordance with the terms applicable in their home country.
., (3) The provisions of the examination of the completeness of the administrative requirements as referred to in Article 7 apply also to the invocation of the foreign country.
.,, (4) In the event of a request from abroad has fulfilled the provisions as referred to in paragraph (1), paragraph (2) and paragraph (3), the Directorate General specifies the decision that Requests can be approved to be registered and make an announcement as referred to in Section 11.
.,, (5) The Directorate General rejected Pleas from abroad in terms of requirements as referred to in paragraph (1), verse (2), and/or verse (3) is not fulfilled.
.,, (6) The rejection as referred to in paragraph (5) is notified to the applicant through its ruler or its diplomatic representative in Indonesia in the longest time of 30 (thirty) days from the date of the decision of the rejection.
., (7) The provisions of the manner of the announcement, objection, and disclaiance and appeal in this Government Regulation apply mutatis mutandis to the invocation of the foreign country.
.,, (8) the invocation of the listed overseas is given protection in accordance with the provisions in this Government Regulation.
BAB VII
CHANGE AND END
PROTECTION
The First Part
Changes and Rereers
The request
Section 21
.,, (1) The change to the invocation as referred to in Section 6 and Section 20 may only be submitted during the request has not been announced in the Official Reports of the Geographical section as referred to in Article 11.
.,, (2) The withdrawal of the Plea as referred to in Article 6 and Section 20 can only be done before the Directorate General decides on the Indic-Indic registration.
.,, (3) In terms of the request being retracted as referred to in paragraph (2), any fees that have been paid to the Directorate General cannot be withdrawn.
The Second Part
Book Change Requirements
After Registration
Section 22
.,, (1) The applicant may apply for a change to the Book of Requirements in accordance with the development in the fields of science and technology or the existence of changes regarding geographic boundaries.
.,, (2) The request for change to the Book of Requirements as referred to in paragraph (1) is submitted in writing to the Directorate General by conveyting the reasons and changes.
.,, (3) In the event of a change in the Book of Requirements as referred to in paragraph (1) may be accepted, the Directorate General makes an announcement regarding the change in the Book of Requirements in the Official News of the Geographical Specifications.
.,, (4) To the change of the Book of Requirements enforced provisions regarding the announcement as referred to in Article 11, as well as objections and disclaiations as referred to in Article 12.
.,, (5) In terms of the Directorate General rejecting the application of the Book of Requirements change, the applicant or its Ruler may appeal to the Trademark Appeal Commission.
(6) The (6) Deposition of Appeal as referred to in verse (5) can be performed in the most prolonged period of 3 (three) months since the rejection of the rejection is intended.
The Third Part
End of Protection
The indications-geographical
Section 23
.,, (1) Each party, including the Geographical Indicator Team may convey to the Directorate General of the observation that the characteristic characteristic and/or quality that is the basis for providing the protection of the geographies is not There.
.,, (2) In terms of the results of the observations as referred to in paragraph (1) not from the Geographic Indicator Team, the Directorate General forwarded the observations to the Geographic Indicators Team in the most recent time of 30 (thirty) It's been a day since the receipt of the observation.
.,, (3) Within 6 (six) months of the time of the receipt of the observations as contemplated in verse (2), the Geographic Indicator Team conducts checks and tells the results of its decisions and the steps that must be performed. The General Directorate.
.,, (4) Within 30 (thirty) days of the acceptance of the decision as referred to in paragraph (3), the Directorate General considers the outcome of the Expert Team's decisions and actions that must be performed, including to cancel the Geographic Indicator.
.,, (5) In the case of the Directorate General giving the revocation decision to the Geographical Indicators, the Directorate General tells it in writing to the applicant or its Ruler and to the whole of the use of the geographical Indic as referred to in the Chapter 15 (3), or by its ruler in the most prolonged period of 14 (fourteen) days from the accession of the decision.
(6) In the longest 30 (thirty) days since the cancellation of the cancellation results referred to in verse (5), the Directorate General announced the decision in the Official Stories of the Geographical news.
.,, (7) The announcement as referred to in paragraph (6) must declare the cancellation of the Indic-Indic and the end of the use of the geographies by the Geographical Indicator (s).
.,, (8) Objection to the cancellation of the Geographical Indicators as referred to in paragraph (5) may be submitted to the Court of Commerce the longest 3 (three) months since the acceptance of the annulment decision.
BAB VIII
THE INDICATIVE-GEOGRAPHIC APPEAL
Section 24
.,, (1) the appeal may be submitted to the Trademark Appeal Commission by the applicant or its ruler against the rejection of the Plea as referred to in Article 9 of the paragraph (4), Article 10 of the paragraph (3), Article 13 of the paragraph (4), and Article 22 of the paragraph (5).
.,, (2) the appeal as referred to in paragraph (1) is submitted in writing to the Trademark Appeal Commission in the term as referred to in Article 10 of the paragraph (6), Article 13 of the paragraph (5), and Article 22 of the paragraph (6), by paying the fee.
., (3) The provisions of the Geographical Indicators of Appeals apply mutatis mutandis provisions of Article 29, Section 30, Section 31, Section 32, Section 33, and Section 34 of the Law No. 15 Year 2001 regarding the Marks and the Regulation (s). It's the execution.
BAB IX
THE OFFENCE AND THE SUIT
The First Part
The violation of the Geographical Indic
Section 25
Geographical Indic violation includes:
., a., a. the use of commercially available, indirect or indirect means of goods that do not meet the Book of Requirements;
., b. the use of a commercially commercially available sign, either directly or indirectly over a protected or unprotected item with intent:
.,
., 1. to demonstrate that the goods are comparable to its quality with goods protected by the Geo-gravity;
2. to benefit from the use of such use; or
3. to benefit from the reputation of the Indicationism;
.,, c. use of the geographies that may mislead the community in connection with the geographic origin of the goods;
., d. use of the specified or geographical use of the Cloud Service without the right of the specified origin.
., e. Other may be used for the Cloud Service, including, without, without, any of the following, the following:
., 1. wrapper or packaging;
2. The description in the ad;
3. The description in the document on the item;
.,, 4. information that can be misleading about its origin (in the case of the packing of goods in a packaging); or
., f. Other actions that could mislead the public over the origin of the goods.
The Second Part
The lawsuit
Section 26
.,, (1) The submission of a lawsuit against the breach as referred to in Article 25, carried out in accordance with the provisions of Article 57 of the paragraph (1) and Article 58 of the Law Number 15 Year 2001 concerning the Brand.
(2) The lawsuit as referred to in paragraph (1) may be performed by:
., a., a. any manufacturer entitled to use the geographics;
B. the institutions that represent the community; or
c. an institution given the authority to it.
., (3) The provisions of the manner of submission of a lawsuit for the Geographic Indic apply mutatively to the mutandis provisions of Article 80 of the Law No. 15 Year 2001 of the Brand.
BAB X
THE EARLIEST-USER-GEOGRAPHICAL USER
Section 27
.,, (1) In the event of the use of a sign as referred to in Section 56 of the paragraph (8) of the Law No. 15 of 2001 on the Brand, if prior to or at the time of the registration as a geographical indicator of the same type of goods or that equal to a sign has been used in good faith by other parties who are not authorized to use the Geographical Indicators, then the other party may use the intended sign for a term of 2 (two) years since the intended sign is listed as Other terms and conditions of the other party may indicate the truth about the place of origin. goods and warrants that the use of the intended sign will not mislead the listed geographic Indicators.
.,, (2) In the event of a mark as referred to in Section 56 of the paragraph (8) of the Law No. 15 of 2001 on the Brand has been registered or used as a brand before or at the time of the application of a geographic Indic of the type of item or the same and the sign is then declared listed as an Indic, hence the use of the mark as a brand in good faith by other parties that are not authorized to use the available geographical indicators on the user's terms. the brand represents the truth about the place of origin of the goods and guarantees that The use of the intended brand will not mislead the registered Indicators
BAB XI
CLOSING PROVISIONS
Section 28
This Government Regulation shall come into effect on the date of the promulctest.
In order for everyone to know it, order the invitational of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.
.,, Set in Jakarta
on September 4, 2007
PRESIDENT OF THE REPUBLIC OF INDONESIA,
-DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on September 4, 2007
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,
ANDI MATTALATTA
ADDITIONAL
STATE SHEET RI
| No. 4763 | (Explanation Of 2007 State Sheet Number 115) |
EXPLANATION
Above
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
No. 51 YEAR 2007
ABOUT
INDICATE-INDICATOR
I. UMUM
.,, in everyday life the public knows or names the name of the item followed by the name of the place or region of origin of the goods. The disclosure is known as the Indic and is a new one in Indonesia, although it has long developed in European countries.
., as with the Brand, the Geographical Indicators are one of the intellectual property forms that are required for its protection for the World Trade Organization members. Trade Related Intellectual Property Rights (TRIPs) specifically Article 22 up to Article 24. In order to perform such obligations, Section 56 of the paragraph (9) of the Law No. 15 Year 2001 on the Brand has set that the provisions regarding the manner of the registration of the Geographical Indicators shall be further regulated in the Government Regulation. Under such consideration, this Government Regulation is intended to fully govern the provisions of the Act No. 15 of 2001 on the Brand of Geographical Indicators.
., the geographical Indic is an unwitting sign that has long been present and cannot directly indicate the existence of a particular item produced from a particular area. The next sign may be used to indicate the origin of the goods, whether agricultural produce, food, handicraft, or other goods, including raw materials and/or processed products, both of which are derived from the results of the product. The farm and the mine.
.,, the appointment of an item of origin is important, due to the influence of the geographical factors including the nature factor, the human factor, or the combination of both factors in a particular area where the goods are generated can provide a characteristic and A certain quality on the goods. The characteristics and quality of goods that are maintained and can be maintained within a given period of time will give birth to the reputation of the goods, which further allows the goods to have high economic value. As such, it should be adequate protection of the law.
.,, the legal protection of the Geographical Indicators may be provided if the registrations have been performed. The purpose of the registration of the geographical indicator is to guarantee legal certainty. The term of his protection may take place in unrestricted as long as the characteristics and/or qualities that are the basis of the protection of the protection are still present.
., as for the characteristic and/or quality that are the basis of the given protection is poured in the Book of Requirements, which also contains information about the influence of geographic environment, natural factors, as well as human factors that affect quality or characteristic of such goods; other than that it also includes information about: map of territory, history, and tradition, processing processes, quality testing methods of goods, as well as the labels used. The book of the Requirements of the Book of Inscription is performed by a group of people in which the goods are intended.
.,, the Geographical Indicator owner is the applicant and the community group in the area where certain items are entitled to maintain, maintain, and use the geographies in connection with the business needs of the business. Whereas a manufacturer that may produce items in accordance with the provisions expressed in the Book of Requirements and are willing to comply with always implementing the provisions as set out in the Book of Requirements, may use The related geographical indications have since registered themselves as the Geographical Indicators in the Directorate General.
.,, as an island nation rich in knowledge, tradition, and culture, as well as a tropical climate that produces a wide variety of goods that have little economic potential, should Indonesia have a protection system An adequate geographical indication. Through optimal geographical protection not only the environmental sustainability is expected to be maintained, the empowerment of natural and human resources in the area is expected to be more maximized. In addition, potential labor migration from an area to urban areas is expected to be preventable, with the creation/opening of opportunities and jobs to produce certain items protected with the Geographic Indicators and the expected to have an economic value that is not small in the area.
II. SECTION BY SECTION
Section 1
.,, pretty clear.
Section 2
.,, Verse (1)
.,, referred to by "other specific signs" is a sign that is the word, image, or combination of those elements.
Example:
-The word "Minang" indicates the area of West Sumatra.
-Pictures of the Toraja customs house, indicating Toraja area in South Sulawesi.
Verse (2)
.,, which is meant by "agriculture" includes also: forestry, plantations, farms, fisheries, and marine.
Whereas the "other items" include the raw materials and/or processed fruits of the agricultural produce, as well as those derived from the mine.
Verse (3)
.,, referred to as "The General List of Geographical Indicators" is a book containing the geographic Indicators registered to the General Directorate.
Verse (4)
.,, a name, an indication or a sign that has been listed as an Indic cannot be degraded, regarded as the name of the item, and subsequently it belongs to the general.
Verse (5)
.,, pretty clear
Section 3
.,, the letter a
.,, Pretty Clear
Letter b
.,, Pretty Clear
Letter c
., when a geographical indicator is used as a specific plant variety name, the name of the geographical indicator can only be used for the verifier of the plant in question only.
Example:
The name/word "Cianjur" has been known as the name of one of the varieties of rice plants. Hence, the word "Cianjur" is not allowed to be used as a geographical indicator for other varieties of rice crops even though its conception is done in the Cianjur.
It is intended to avoid the possibility of misleading possibilities.
However, the word "Cianjur" may be used as a geographical indicator for other varieties of plants or other items, such as: salak, markisa, tauco, and so on.
Letter d
.,, the generic Indication is indicative of a property that has become common property because it is often used in everyday language, and is therefore not protected.
Examples: know, tempe, batik, grapefruit, banana ambon, and so on.
Section 4
.,, pretty clear.
Section 5
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, the letter a
., referred to as "agencies" among others include cooperatives, associations, or foundations, whose members are local manufacturers.
Letter b
., referred to as "the institution given the authority to it" is a Government institution in the area that seeding the goods submitted for pleas, such as the Regional Government in both the Provincial and the County/City levels.
Letter c
.,, pretty clear
Section 6
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear
Verse (3)
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
.,, referred to by "differentiating certain items with other goods which have the same category" is comparing a item with the same other goods.
For example: certain rice that is compared to other rice.
Letter d
.,, the description of the local geographic environment may include among other descriptions of: highest, lowest temperature, and rate; rate of precipitation; air humidity; the intensity of sunlight; the height; and/or the type/conditions of the soil.
Letter e
.,, pretty clear
Letter f
.,, the description of the tradition and history related to the use of the geographies includes another description of the long-running community tradition related to the production of goods originating in the area. That.
The letter g
.,, pretty clear
Letter h
.,, pretty clear
Letter i
.,, pretty clear
Verse (4)
., referred to as "recommendation" is a letter of information issued by a government agency that enforces the goods submitted for its application.
Article 7
.,, pretty clear.
Article 8
.,, pretty clear.
Article 9
.,, pretty clear.
Article 10
.,, pretty clear.
Article 11
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, referred to as "abstract of the Book of Requirements" is a concise information that illustrates important things about goods to be protected with Indic-Indias.
The entire contents of the Book of Requirements can be obtained at the General Directorate.
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Article 12
.,, pretty clear.
Article 13
.,, pretty clear.
Section 14
.,, Verse (1)
.,, which is referred to as "national geographic" is the geographical Indic that is from within the country.
The "conduct assessment of the Book of Requirements" is to do a substantive examination of the proposed Book of Requirements submitted by the applicant.
Verse (2)
(A) is a person with expertise in the fields: agriculture, geology, meteorology, marine, forestry, food, drink, and/or other fields. It's a matter of geographical matter.
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Verse (5)
.,, the Assessment Technical Team may amount to more than 1 (one) Technical Team.
Verse (6)
.,, pretty clear
Article 15
.,, pretty clear.
Section 16
.,, Verse (1)
., referred to as "the body of authority to conduct surveillance" is neither the Government nor the non-government competent to conduct the assessment and oversight of the quality/quality of the goods.
Example:
.,-the Food and Drug Monitoring Agency (BPOM), which is competent to conduct assessments, testing, and/or supervision of the goods or food.
-Sucofindo, who is competent to do quality testing of the goods.
Verse (2)
.,, pretty clear
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Section 17
.,, pretty clear.
Article 18
.,, pretty clear.
Section 19
.,, Verse (1)
., the Oversight can be carried out across the length of the production chain and distribution of goods.
Verse (2)
.,, the experts appointed and responsible for surveillance should not have any personal interests (conflict of interest) in connection with the geographies to be supervised.
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear
Verse (5)
.,, pretty clear
Verse (6)
.,, pretty clear
Section 20
.,, pretty clear.
Section 21
.,, pretty clear.
Article 22
.,, pretty clear.
Section 23
.,, pretty clear.
Section 24
.,, pretty clear.
Section 25
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Letter d
.,, referred to by "unauthorized use of the geographic Indic" includes: misuse, impersonation, and negative imaging of certain geographical indications, such as: the use of the word "ala", the same form as, similar, made. in the same way, as in their nature, similar, like, or transliteration, or similar to those words.
Letter e
., clear enough.
Letter f
.,, pretty clear
Article 26
.,, pretty clear.
Section 27
.,, Verse (1)
.,, referred to as "the mark has been used" is an unregistered sign.
Verse (2)
.,, pretty clear
Article 28
.,, pretty clear.
