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Ada Pertanyaan? Hubungi Kami Marcell Sihombing, Kartini L. Makmur, ANT
Seminar Entitled Best Practices for Geographical Indications. Photo by: RES
Many believe that Indonesia has plenty of potential as regards its traditional products being designated with geographical indications. This is primarily a result of the country's unique and abundant natural resources. However, a number of obstacles will have to be overcome if geographical indications are to become a more attractive proposition for businesses here.
Geographical indications (GI) are designations which are attached to products which are deemed to possess distinctive qualities, methods of production, characteristics and/or reputations which can be attributed to a product’s place of origin. Despite Indonesia's great potential, only a small number of GI products have been officially registered here to date. Indeed, the official website of the Directorate General of Intellectual Property (Directorate General) at the Ministry of Law and Human Rights features a list of only 35 registered GI products.
Reto Meili, Project Coordinator for Indonesia-Swiss Intellectual Property (ISIP) addressed this issue specifically at a national seminar entitled Best Practices for Geographical Indications, which was held in Jakarta on Thursday, 12 May 2016. According to Mr. Meili, several obstacles remain to be tackled as regards the application and certification of GI products in Indonesia.
Firstly, it will be necessary to strengthen the public organizations currently producing the various products which are protected under the GI scheme. This is related to the fact that the certification of GI products is heavily dependent on implementing the initiative for Geographical Indication Protected Communities (“Masyarakat Perlindungan Indikasi Geografis” - MPIG) across Indonesia’s various regions.
“Not many communities currently in possession of unique GI products are aware of the potential that they have. Thus we must make a more concerted effort to assist such communities to discover the GI potential of their products,” asserted Mr. Meili.
A second issue which still needs to be tackled is the formulation of codes of practice (buku persyaratan). Many MPIGs tend to have difficulties describing their own GI products and thus such codes are seen as vital.
“It is the duty of MPIGs to discover potential GI products which can be registered, and then define the technical aspects of such products in written codes of practice,” asserted Mr. Meili.
However, Mr. Meili also had praise for both the government and MPIGs as regards their success in promoting the formulation of codes of practice across the country. Meili also revealed that the government of Switzerland had also donated some CHF 1.950.000 to Indonesia in order to support MPIGs in the formulation of codes of practice under the framework of the ISIP project.
“We have encouraged both local and international experts to become involved in this project. Obviously, the involvement of local experts is important due to the unique characteristics of the country’s various regions, which don't always match with the areas of specialization of foreign experts,” asserted Mr. Meili.
A third issue which needs to be tackled is the urgent need to increase the production capacity of the products themselves. Mr. Meili asserted that GI products could ultimately be exported, but that many variables still needed to be tackled in order that this goal be achieved.
During his address, Mr. Meili pointed out that one essential improvement that must be made in order to increase production capacity was the simplification of codes of practice. Indeed, producers who are intending to create GI products will undoubtedly have difficulty coping with heavy and complex codes of practice, which is why Mr. Meili has suggested the formulation of a comprehensive and concise single code of practice instead.
On a somewhat different note, Mr. Meili also admitted that we would ultimately not see a hugely widespread move towards GI registration, when viewed in comparison with other types intellectual property rights. This is due to the fact that in order to apply for GI status, an applicant must first establish a clear connection between a product and its place of origin, which is often a difficult goal to achieve. By way of example, Mr. Meili revealed that even in his own country of Switzerland, a mere 30 GI products had been officially registered to date.
In spite of these issues, however, Mr. Meili expressed his firm hope that GI products would be able to further improve regional development across Indonesia. This is primarily due to that fact that products which have received official GI certification can be sold for higher prices due to their tight quality controls and distinctive characteristics. Moreover, Mr. Meili expressed his optimism that the purchasing power of Indonesian citizens was increasingly well matched to a slightly more expensive class of GI product. In the long term, the ultimate goal as regards the designation of GI products is to aid in the preservation of traditional knowledge and culture, and this end can be achieved by consumers showing their appreciation by paying slightly higher prices for such products.
“Even our people [Swiss citizens] have been purchasing an increasing amount of GI products over the course of the last decade. None of the goals as regards GI products can be achieved instantaneously, however when the general public realizes that GI products have many good qualities and strongly relate to the unique characteristics of their place of origin, then slightly more expensive prices become trivial,” Mr. Reili. concluded
Simplified Registration Procedures
In order to improve the competitiveness of Indonesian GI products during this era of free trade, the Directorate General is currently simplifying the registration and certification procedures for GI products. It is believed that GI products can be the country’s so-called “ace-in-the-hole” as it faces the increased competition which is resulting from a free-trade zone being inaugurated across the ASEAN region.
“There’s not much competition to be faced by GI products, due to their specific and distinguished natures,” asserted Parlagutan Lubis, Director of Intellectual Property Cooperation and Empowerment at the Directorate General, on Friday, 13 May 2016.
It is hoped that the introduction of GI products will be able to generate new, well-known trademarks possessed of unique qualities which are in great demand by many consumers. Thus foreign consumers will ultimately be able to obtain guaranteed and highly original products.
At present, the registration of GI products is regulated under Government Regulation No. 51 of 2007 on Geographical Indications (2007 Regulation). This regulation states that a GI product will be protected by prevailing laws and regulations after it has been registered directly (in person) by its relevant MPIG with the Directorate General at a Regional Office of the Ministry of Law and Human Rights, or with a registered consultant attorney. However, it has now been deemed necessary to formulate a new government regulation in order to simplify these procedures through a revision of the application-filing stages.
Mr. Lubis further emphasized the importance of consistency between a product’s description, as incorporated under its code of practice, and the actual product itself.
“Let’s take coffee products as an example. A coffee expert should be assigned to take samples and bring them to the Cocoa and Coffee Research Center located at Jember in order to be assessed. Any difference between the actual product and the proposed description should then determine any decision regarding whether to issue a certificate or not,” asserted Mr. Lubis.
Commenting on this issue, Stephanie Kano, Head of the Sub-Directorate of Trademarks and Geographical Indications, revealed that more than 30 GI products had already been registered with the Directorate General. These products include Bali Kintamani Arabica Coffee, Adan Krayan Rice, Jepara Carved Furniture, Muntok White Pepper, Sumbawa Horse Milk, Sleman Thorny Palm Fruits (Salak Pondoh), and Cianjur Rice.
According to Ms. Kano, the registration process for GI products should ideally be completed within nine months. Alas though, one important factor which may ultimately end up hindering this optimum timeframe is the currently less-than-cooperative attitude of many MPIGs.
“Should [a registration process] take more than two years without any response from the MPIG in question, then we [the Directorate General] can cancel the entire process,” Ms. Kano concluded.
(rfs/sp)
Marcell Sihombing, Kartini L. Makmur, ANT
Seminar Entitled Best Practices for Geographical Indications. Photo by: RES
Many believe that Indonesia has plenty of potential as regards its traditional products being designated with geographical indications. This is primarily a result of the country's unique and abundant natural resources. However, a number of obstacles will have to be overcome if geographical indications are to become a more attractive proposition for businesses here.
Geographical indications (GI) are designations which are attached to products which are deemed to possess distinctive qualities, methods of production, characteristics and/or reputations which can be attributed to a product’s place of origin. Despite Indonesia's great potential, only a small number of GI products have been officially registered here to date. Indeed, the official website of the Directorate General of Intellectual Property (Directorate General) at the Ministry of Law and Human Rights features a list of only 35 registered GI products.
Reto Meili, Project Coordinator for Indonesia-Swiss Intellectual Property (ISIP) addressed this issue specifically at a national seminar entitled Best Practices for Geographical Indications, which was held in Jakarta on Thursday, 12 May 2016. According to Mr. Meili, several obstacles remain to be tackled as regards the application and certification of GI products in Indonesia.
Firstly, it will be necessary to strengthen the public organizations currently producing the various products which are protected under the GI scheme. This is related to the fact that the certification of GI products is heavily dependent on implementing the initiative for Geographical Indication Protected Communities (“Masyarakat Perlindungan Indikasi Geografis” - MPIG) across Indonesia’s various regions.
“Not many communities currently in possession of unique GI products are aware of the potential that they have. Thus we must make a more concerted effort to assist such communities to discover the GI potential of their products,” asserted Mr. Meili.
A second issue which still needs to be tackled is the formulation of codes of practice (buku persyaratan). Many MPIGs tend to have difficulties describing their own GI products and thus such codes are seen as vital.
“It is the duty of MPIGs to discover potential GI products which can be registered, and then define the technical aspects of such products in written codes of practice,” asserted Mr. Meili.
However, Mr. Meili also had praise for both the government and MPIGs as regards their success in promoting the formulation of codes of practice across the country. Meili also revealed that the government of Switzerland had also donated some CHF 1.950.000 to Indonesia in order to support MPIGs in the formulation of codes of practice under the framework of the ISIP project.
“We have encouraged both local and international experts to become involved in this project. Obviously, the involvement of local experts is important due to the unique characteristics of the country’s various regions, which don't always match with the areas of specialization of foreign experts,” asserted Mr. Meili.
A third issue which needs to be tackled is the urgent need to increase the production capacity of the products themselves. Mr. Meili asserted that GI products could ultimately be exported, but that many variables still needed to be tackled in order that this goal be achieved.
During his address, Mr. Meili pointed out that one essential improvement that must be made in order to increase production capacity was the simplification of codes of practice. Indeed, producers who are intending to create GI products will undoubtedly have difficulty coping with heavy and complex codes of practice, which is why Mr. Meili has suggested the formulation of a comprehensive and concise single code of practice instead.
On a somewhat different note, Mr. Meili also admitted that we would ultimately not see a hugely widespread move towards GI registration, when viewed in comparison with other types intellectual property rights. This is due to the fact that in order to apply for GI status, an applicant must first establish a clear connection between a product and its place of origin, which is often a difficult goal to achieve. By way of example, Mr. Meili revealed that even in his own country of Switzerland, a mere 30 GI products had been officially registered to date.
In spite of these issues, however, Mr. Meili expressed his firm hope that GI products would be able to further improve regional development across Indonesia. This is primarily due to that fact that products which have received official GI certification can be sold for higher prices due to their tight quality controls and distinctive characteristics. Moreover, Mr. Meili expressed his optimism that the purchasing power of Indonesian citizens was increasingly well matched to a slightly more expensive class of GI product. In the long term, the ultimate goal as regards the designation of GI products is to aid in the preservation of traditional knowledge and culture, and this end can be achieved by consumers showing their appreciation by paying slightly higher prices for such products.
“Even our people [Swiss citizens] have been purchasing an increasing amount of GI products over the course of the last decade. None of the goals as regards GI products can be achieved instantaneously, however when the general public realizes that GI products have many good qualities and strongly relate to the unique characteristics of their place of origin, then slightly more expensive prices become trivial,” Mr. Reili. concluded
Simplified Registration Procedures
In order to improve the competitiveness of Indonesian GI products during this era of free trade, the Directorate General is currently simplifying the registration and certification procedures for GI products. It is believed that GI products can be the country’s so-called “ace-in-the-hole” as it faces the increased competition which is resulting from a free-trade zone being inaugurated across the ASEAN region.
“There’s not much competition to be faced by GI products, due to their specific and distinguished natures,” asserted Parlagutan Lubis, Director of Intellectual Property Cooperation and Empowerment at the Directorate General, on Friday, 13 May 2016.
It is hoped that the introduction of GI products will be able to generate new, well-known trademarks possessed of unique qualities which are in great demand by many consumers. Thus foreign consumers will ultimately be able to obtain guaranteed and highly original products.
At present, the registration of GI products is regulated under Government Regulation No. 51 of 2007 on Geographical Indications (2007 Regulation). This regulation states that a GI product will be protected by prevailing laws and regulations after it has been registered directly (in person) by its relevant MPIG with the Directorate General at a Regional Office of the Ministry of Law and Human Rights, or with a registered consultant attorney. However, it has now been deemed necessary to formulate a new government regulation in order to simplify these procedures through a revision of the application-filing stages.
Mr. Lubis further emphasized the importance of consistency between a product’s description, as incorporated under its code of practice, and the actual product itself.
“Let’s take coffee products as an example. A coffee expert should be assigned to take samples and bring them to the Cocoa and Coffee Research Center located at Jember in order to be assessed. Any difference between the actual product and the proposed description should then determine any decision regarding whether to issue a certificate or not,” asserted Mr. Lubis.
Commenting on this issue, Stephanie Kano, Head of the Sub-Directorate of Trademarks and Geographical Indications, revealed that more than 30 GI products had already been registered with the Directorate General. These products include Bali Kintamani Arabica Coffee, Adan Krayan Rice, Jepara Carved Furniture, Muntok White Pepper, Sumbawa Horse Milk, Sleman Thorny Palm Fruits (Salak Pondoh), and Cianjur Rice.
According to Ms. Kano, the registration process for GI products should ideally be completed within nine months. Alas though, one important factor which may ultimately end up hindering this optimum timeframe is the currently less-than-cooperative attitude of many MPIGs.
“Should [a registration process] take more than two years without any response from the MPIG in question, then we [the Directorate General] can cancel the entire process,” Ms. Kano concluded.
(rfs/sp)