GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA
NUMBER 51 YEAR 2007
REGARDING
GEOGRAPHICAL INDICATIONS
BY THE MERCY OF GOD ALMIGHTY
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Considering |
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that in order to implement the provisions of Article 56 paragraph (9) of Law number 15 of 2001 regarding Marks, it is necessary to provide a Government Regulation regarding Geographical Indications. |
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In view of |
: | - 1. Article 5 paragraph (2) of the Indonesian Constitution of 1945;
- 2. Law No.15 of 2001 regarding Marks (State Gazette of 2001 No.110, Supplementary State Gazette No. 4131);
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DECIDES |
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To enact |
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GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA REGARDING GEOGRAPHICAL INDICATIONS |
CHAPTER I
GENERAL PROVISIONS
Article 1
In this Government Regulation - 1. A Geographical Indication shall mean a sign which indicates the place of origin of a good, which due to its geographical environment factors the nature, the people, or the combination thereof gives specific characteristics and quality on the goods produced therein.
- 2. Application shall mean an application for registration of a Geographical Indication submitted in writing to the Directorate General.
- 3. Applicant shall mean a party who files an Application.
- 4. Producer shall mean a party who produces goods.
- 5. Consultant of Intellectual Property Rights shall mean a person who has expertise in the field of intellectual property rights and specifically provides services in filing and handling applications of patents, marks, design industry and other fields of intellectual property rights including Geographical Indication and shall be registered as a Consultant of Intellectual Property Rights at the Directorate General.
- 6. Proxy shall mean Consultant of Intellectual Property Rights.
- 7. Filing date shall mean the date of receipt of an Application, which has fulfilled the administrative requirements.
- 8. Day shall mean working day.
- 9. Book of Requirements shall mean a document containing information on the description concerning the quality and specific characteristics of a good which can be used to differentiate one good from other goods of the same category.
- 10. User of Geographical Indication shall mean the producers of goods in accordance with the Book of Requirements and registered at the Directorate General.
- 11. Directorate General shall mean the Directorate General of Intellectual Property Rights under the Department presided over by the Minister.
- 12. Minister shall mean the Minister, whose scope of duties and responsibilities includes the guidance in the field of intellectual property rights, including Geographical Indication.
CHAPTER II
SCOPE OF GEOGRAPHICAL INDICATIONS
Part One
General
Article 2
- (1) A sign as referred to in Article 1 paragraph (1) shall be a name of place or region, or any other particular signs which indicates the place of origin where a good is produced that is protected by Geographical Indication.
- (2) The good as referred to in paragraph (1) may be agricultural products, foodstuffs, handicrafts, or any other goods complying with the provision of Article 1 paragraph (1).
- (3) A sign as referred to in paragraph (1) shall be protected as a Geographical Indication after having registered in the General Register of Geographical Indication at the Directorate General.
- (4) A registered Geographical Indication cannot fall into the public domain.
- (5) A sign as referred to paragraph (1) shall only be used on goods which comply with the Book of Requirements.
Part Two
Geographical Indication which cannot be registered
Article 3
A Geographical Indication shall not be registered if the sign which is being applied for registration - a. Contradicts with laws and regulations, religious moral values, ethics or public order;
- b. Misleads or deceives the public as to the characteristics, natures, quality, place of origin, production process of the good and/or its use.
- c. Constitutes the name of local geography that has been used as the name of a plant variety, and used for the same plant variety;
- d. Has become generic.
Part Three
Period of Protection of Geographical Indication
Article 4
A registered Geographical Indication shall be protected as far as the specific characteristics and quality which have been the basis of the grant of the protection still exist.
CHAPTER III
PROCEDURE OF APPLICATION
Article 5
- (1) An application shall be filed in writing in the Indonesian language by the applicant or through his proxy at the Directorate General by filling a form in 3 (three) copies to the Directorate General.
- (2) The format and content of the form as referred to in paragraph (1) shall be decided by the Directorate General.
- (3) The applicant as referred to in paragraph (1) shall consist of:
- a. an institution that represents the community in the area where the good is produced, which consist of:
- 1. parties who undertake business on goods of natural products, or natural resources;
- 2. producers of agricultural products;
- 3. persons who make handicrafts, or industrial products; or
- 4. trades who sale the goods;
- b. an institution that is given the authority to do so; or
- c. A group of consumers of the goods.
Article 6
- (1) The application as referred to in Article 5 shall contain the following administrative requirements:
- a. Day, month, year;
- b. Complete name, nationality, and address of applicant;
- c. Complete name and address of proxy, if the application is filed through a proxy.
- (2) The application as referred to paragraph (1) shall be accompanied by:
- a. A special power of attorney, if the application is filed through a proxy; and
- b. Receipt of payment of fee.
- (3) The application as referred to paragraph (1) shall be furnished with a Book of Requirements consisting of:
- a. Name of the Geographical Indication being filed for registration;
- b. Name of good covered by the Geographical Indication;
- c. Description of the specific characteristics and quality which differentiate the particular good from other goods of the same category, and explain the relation with the place by origin where the good is produced;
- d. Description of the geographical environment and the natural and human factors which as a unity give effect on the on quality or characteristics of the good produced;
- e. Description of the boundaries of region and/or map of the area that is covered by the Geographical Indication;
- f. Description of the history and tradition in relation to the use of Geographical Indication to designate the good in that area including a description of the recognition by the relevant public of the Geographical Indication;
- g. Description of the production process, processing, and process of making which is used as to allow as to allow any producer within the region to produce the relevant good;
- h. Description of the method used to examine the quality of good produced; and
- i. Label which is used on the good and contains the Geographical Indication.
- (4) The description concerning boundaries of region and/or map of the area which is covered by the Geographical Indication as referred to in paragraph (3) letter e shall have a recommendation from by the relevant authority.
CHAPTER IV
PROCEDURE OF EXAMINATION
Part One
Administrative Examination
Article 7
- (1) The Directorate General shall conduct an administrative examination on the completeness of application requirements as referred to in Article 5 and Article 6 within a period of 14 (fourteen) days from the date of receipt of the application.
- (2) Where an Application has fulfilled the requirements as referred to in Article 5, Article 6 paragraph (1), Article 6 paragraph (2) point (b), and Article 6 paragraph (3) the Directorate General shall allocate a Filing Date.
- (3) Where there are deficiencies on the completeness of requirements as referred to in paragraph (2), the Directorate General shall notify in writing the Applicant that such deficiencies be remedied within a period of 3 (three) months at the latest from the date of receipt of notification.
- (4) In case of such deficiencies have not been fulfilled within the period as referred to in paragraph (3), the Directorate General shall notify in writing the Applicant or through his proxy that the Application is deemed withdrawn, and publish it in the Official Gazette of Geographical Indication.
- (5) In case of the Application is deemed withdrawn as referred to in paragraph (4), all fees that have been paid to the Directorate General cannot be reimbursed.
Part Two
Substantive Examination
Article 8
- (1) Within the period of 1 (one) month at the latest from the date of the completion of requirements as referred to in Article 7 paragraph (2), the Directorate General shall transmit the application to the Geographical Indication Experts Team.
- (2) The Geographical Indication Experts Team shall conduct a substantive examination on the Application within a period of 2 (two) years at the latest from the date of receipt of Application as referred to in paragraph (1).
- (3) The substantive examination as referred to in paragraph (2) shall be conducted in accordance with the provisions as referred to in Article 1 paragraph 1, and Article 3 and Article 6 paragraph (3).
- (4) In the case of the Geographical Indication Experts Team considers that the Application has complied with the registration requirements as referred to in paragraph (3), the Geographical Indication Experts Team shall propose to the Directorate General that the Geographical Indication be registered in the General Register of Geographical Indication;
- (5) The substantive examination as referred to in paragraph (2) shall be subject to the payment of fee.
- (6) The fee for substantive examination as referred to in paragraph (5) shall be made before the end of publication period of the Application.
- (7) In case the fee for substantive examination is not paid within the period as referred to in paragraph (6), the Application shall be deemed withdrawn.
Article 9
- (1) In case the Geographical Indication Experts Team approves that a Geographical Indication can be registered as referred to in Article 8 paragraph (4), the Geographical Indication Experts Team proposes to the Directorate General to publish the relevant information of the Geographical Indication, including the Book of Requirements in the Official Gazette of Geographical Indication within a period of at the latest 30 (thirty) days at the latest from the date of receipt of the proposal from the Geographical Indications Experts Team.
- (2) In case the Geographical Indication Experts Team considers that an Application shall be refused, the Directorate General shall within 30 (thirty) days at the latest from the date of receipt off the proposal from the Geographical Indication Experts Team notify in writing the Applicant or through his proxy stating the reasons thereof.
- (3) The applicant or his proxy may respond to the refusal by stating his reasons within a period of 3 (three) months at the latest from the date of receipt of the notification of refusal as referred to in paragraph (2).
- (4) In case of the applicant or his proxy does not respond to the refusal as referred to in paragraph (3), the Directorate General shall decide the refusal of the Application and notify this decision to the Applicant or through his proxy.
- (5) In case of the Applicant or his proxy responds to the refusal as referred to in paragraph (3), the Directorate General shall within 30 (thirty) days at the latest from the receipt of such response forward the response to the Geographical Indication Experts Team.
Article 10
- (1) The Geographical Indication Experts Team shall conduct re-examination and propose a decision within 3 (three) months at the latest from the receipt of response as referred to Article 9 paragraph (5).
- (2) In case of the Geographical Indication Experts Team approves the response as referred to Article 9 paragraph (3), the Directorate General shall publish the Geographical Indication and the Book of Requirements, based on the proposed decision as referred to in paragraph (1), in the Official Gazette of Geographical Indication.
- (3) In case of the Geographical Indication Experts Team disagrees with the response as referred to Article 9 paragraph (3), the Directorate General shall decide the refusal of the Application.
- (4) The Directorate General shall within a period of at 30 (thirty) days at the latest notify in writing the decision of refusal as referred to Article 9 paragraph (4) and Article 10 paragraph (3) to the Applicant or through his proxy by stating the reasons thereof.
- (5) In case of an Application is refused, all fees that have been paid to the Directorate General cannot be reimbursed.
- (6) The Applicant or his proxy may submit an appeal petition to the Trademark Appeal Commission within a period of 3 (three) months at the latest from the date of receipt of refusal as referred to paragraph (4).
- (7) The fees for filing an appeal petition to the Trademark Appeal Commission shall be paid at the time of filing of such petition.
Part Three
Publication
Article 11
- (1) The Directorate General shall within a period of 10 (ten) days at the latest from the date of decision that the Geographical Indication can be registered or refused publish the decision in the Official Gazette of Geographical Indication.
- (2) In case of the Geographical Indication has been approved to be registered as referred to in paragraph (1), the publication in the Official Gazette of Geographical Indication shall contain the number of Application, full name and complete address of the Applicant, name and address of the proxy, filing date, relevant Geographical Indication, and abstract of the Book of Requirements.
- (3) In case of the Geographical indication is refused as referred to in paragraph (1), the publication in the Official Gazette of Geographical Indication shall contain the number of Application, full name and complete address of the Applicant, full name and complete address of the proxy, and name of Geographical Indication being applied for registration.
- (4) The publication as referred to paragraph (2) shall be undertaken for 3 (three) months.
Part Four Objection and Rebuttal
Article 12
- (1) During the period of publication as referred to in Article 11 paragraph (4), any party may file an objection to the Application to the Directorate General in writing and in 3 (three) copies with a payment of fee.
- (2) The objection as referred to in paragraph (1) shall contain the reasons accompanied by sufficient evidence that the Application shall not be registered or shall be refused based on this Government Regulation.
- (3) The objection as referred to in paragraph (1) may also be submitted in relation to the boundary of area or region covered by the Geographical Indication being applied for registration.
- (4) In the case of the objection as referred to in paragraph (2) and/or paragraph (3), the Directorate General shall within a period of 14 (fourteen) days at the latest from the date of receipt of the objection send a copy of the objection to the Applicant or his proxy.
- (5) The Applicant or his proxy shall be entitled to file a rebuttal to the objection as referred to in paragraph (4) at the Directorate General within a period of 2 (two) months at the latest from the date of receipt of copy of the objection.
Part Five Substantive Re-examination
Article 13
- (1) In the case of a rebuttal as referred to in Article 12 paragraph 5, the Geographical Indication Experts Team shall conduct the substantive re-examination of the Application by taking into account the rebuttal.
- (2) The substantive re-examination as referred to in paragraph (1) shall be completed within a period of 6 (six) months at the latest from the date of expiry of the period of filing of rebuttal as referred to Article 12 paragraph (5).
- (3) Where there is no objection as referred to in Article 12 paragraph (1), the Directorate General shall register the Geographical indication in the General Register of Geographical Indication.
- (4) In case the result of the substantive re-examination as referred to in paragraph (1) and paragraph (2) suggests that the objection can be approved, the Directorate General shall notify the Applicant or through his proxy in writing that the Geographical Indication is refused.
- (5) The Applicant or his proxy may file an appeal petition to the Trademark Appeal Commission within a period of 3 (three) months from the receipt of refusal as referred to paragraph (4),
- (6) In case the result of the substantive re-examination as referred to in paragraph (1) and paragraph (2) suggests that the objection cannot be accepted, the Directorate General shall register the Geographical Indication in the General Register of Geographical Indication.
- (7) The Directorate General shall publish the decision in the Official Gazette of Geographical Indication within a period of 30 (thirty) days at the latest from the decision of substantive re-examination.
Part Six
Geographical Indication Experts Team
Article 14
- (1) The Geographical Indication Experts Team is a non-structural body which undertakes evaluation of the Book of Requirements, and gives advice/recommendation to the Directorate General with regard to the registration, amendment, cancellation or control of national Geographical Indications.
- (2) Members of the Geographical Indication Experts Team as referred to in paragraph (1) consist of experts who have expertise in the field of Geographical Indication and come from:
- (a) representatives of the Directorate General;
- (b) representatives of the ministries whose scope of duties and responsibilities related with agriculture, forestry, industry, commerce, and/or other relevant ministries;
- (c) representatives of authorities or institutions in charge of inspecting and/or controlling the quality of goods; and
- (d) other qualified experts.
- (3) Members of the Geographical Indication Experts Team as referred to in paragraph (2) shall be appointed and dismissed by the Minister for a period of service of 5 (five) years.
- (4) The Geographical Indication Experts Team shall be presided by a chair who is selected from and by members of the Geographical Indication Experts Team.
- (5) In implementing its duties and functions as referred to paragraph (1), the Geographical Indication Experts Team is assisted by a Technical Evaluation Team which consists of members based on expertise.
- (6) The Technical Evaluation Team as referred to in paragraph (5) shall be established by the Directorate General upon the recommendation from the Geographical Indication Experts Team.
CHAPTER V
THE USE AND CONTROL OF GEOGRAPHICAL INDICATION
Part One
User of Geographical Indication
Article 15
- (1) Any producer who is interested in using Geographical Indication shall apply as a user of Geographical Indication to the Directorate General with a payment of fee in accordance with the prevailing laws and regulations.
- (2) The producer as referred to in paragraph (1) shall fill in a declaration form as provided by the Directorate General and attach a letter of recommendation from a competent technical authority.
- (3) The Directorate General shall, within a period of 30 (thirty) days at the latest after furnishing the requirements as referred to paragraph (2), register the producer using a Geographical Indication in the General Register of Users of Geographical Indications and publish his/her name and relevant information in the Official Gazette of Geographical indications
Part Two
Control of User of Geographical Indication
Article 16
- (1) Any person can submit his/her observation on the user of Geographical Indication to the competent authority with a copy to the Directorate General that the information contained in the Book of Requirements concerning the good protected by Geographical Indication is not fulfilled.
- (2) The result of observation as referred to paragraph (1) shall contain evidence and reasoning.
- (3) The Directorate General shall, within a period of 7 (seven) days at the latest from the receipt of result of observation as referred to in paragraph (1), convey it to the geographical indication expert team.
- (4) The Geographical Indication Experts Team shall, within a period of 6 (six) months at the latest from the receipt of result of observation as referred to paragraph (3), examine the result of observation and convey the result of examination to the Directorate General including any necessary acts that should be taken by Directorate General.
Article 17
- (1) The Directorate General shall, within a period of 30 (thirty) days at the latest from the receipt of the result of examination as referred to Article 16 paragraph (4), decide the necessary acts including the cancellation of the registered User of Geographical Indication.
- (2) In case the Directorate General decides to cancel the registered User of Geographical Indication, the registered User of Geographical Indication is removed from the General Register of Users of Geographical Indication and further declared not entitled to use the Geographical Indication.
- (3) Any objection on the cancellation of a registered User of Geographical Indication as referred to and paragraph (2) may be submitted to the Commercial Court within 3 (three) months at the latest from the date of receipt of the cancellation decision.
- (4) The Directorate General shall, within a period of 30 (thirty) days at the latest from cancellation decision as referred to paragraph (2), publish that decision on the Official Gazette of Geographical Indication.
Article 18
- (1) The deletion of the use of registered Geographical Indication can be filed on the initiative of a User of the relevant Geographical Indication.
- (2) In case the deletion as referred to paragraph (1) is filed, the registered User of Geographical Indication will be removed from the General Register of Users of Geographical Indication and no longer entitled to use the Geographical Indication.
- (3) The Directorate General shall, within a period of 30 (thirty) days at the latest from the decision for cancellation as referred to paragraph (2), publish that decision on the Official Gazette of Geographical Indications.
Part Three
Control of Use of Geographical Indication
Article 19
- (1) The Geographical Indication Experts Team organises and monitors the control of use of Geographical Indication in the territory of the Republic of Indonesia.
- (2) In implementing the duties and responsibilities as referred to paragraph (1), the Geographical Indication Experts Team may be assisted by a Technical Controlling Team which consists of technical experts in certain fields to provide consideration or to conduct a controlling duty.
- (3) The Technical Controlling Team as referred to in paragraph (2) may come from:
- (a) institutions which are competent in conducting control both at the regional and national, and/or
- (b) private entities or non-departmental government institutions which are recognized as competent institutions in conducting inspection/control in relation to goods protected by Geographical Indication.
- (4) The list of institutions and entities which have been recognized as referred to in paragraph (3) shall be updated and monitored accordingly by the Geographical Indication Experts Team.
- (5) The list of institutions and entities which have been recognized as referred to in paragraph (3) must be able to be accessed by the public and used as guidance for Users of Geographical Indication.
- (6) The Technical Controlling Team as referred to paragraph (2) shall be established by the Directorate General upon the recommendation by the Geographical Indication Experts Team.
CHAPTER VI
FOREIGN GEOGRAPHICAL INDICATIONS
Article 20
- (1) An application which filed by an applicant whose domiciles or resides permanently outside the territory of the Republic of Indonesia shall be filed through his proxy in Indonesia or through the diplomatic representation in Indonesia of the country of origin of the Geographical Indication.
- (2) The application as referred to in paragraph (1) can only be registered if the Geographical Indication has been acknowledged and/or registered in accordance with the prevailing regulation in its country of origin.
- (3) The provisions on the examination of administrative requirements of application as referred to in Article 7 shall also apply on foreign applications.
- (4) In case of a foreign application which has fulfilled the requirements as referred to paragraph (1), paragraph (2), and paragraph (3), the Directorate General shall decide that the application can be registered and shall conduct the publication as referred to Article 11.
- (5) The Directorate General shall refuse any foreign Application in case the requirements as referred to in paragraph (1), paragraph (2), and/or paragraph (3) have not been fulfilled.
- (6) The refusal as referred to paragraphs (5) shall be notified to the Applicant through his proxy or his diplomatic representation in Indonesia in a period of 30 (thirty) days at the latest from the date of refusal.
- (7) The provisions regarding the procedure of publication, opposition and rebuttal as well as appeal petition in this Government Regulation shall apply mutatis-mutandis to foreign applications.
- (8) A foreign application which has been registered shall be given protection in accordance with this Government Regulation.
CHAPTER VII
AMENDMENT AND TERMINATION OF PROTECTION
Part one
Amendment and Withdrawal of Application
Article 21
- (1) Amendment of an application as referred to in Article 6 and Article 20 can only be filed provided that such application has not been published in the Official Gazette of Geographical Indication as referred to in Article 11.
- (2) Withdrawal of an application as referred to Article 6 and Article 20 can only be done before the Directorate General decides to register the Geographical Indication.
- (3) In case of withdrawal of application as referred to in paragraph (2), all fees that have been paid to the Directorate General cannot be reimbursed.
Part Two
Amendment of Book of Requirements after Registration
Article 22
- (1) An applicant may file a request for amendment of the Book of Requirements in accordance with development in the filed of scientific and technology or the change of geographical boundaries.
- (2) The request for amendment of the Book of Requirements as referred to paragraph (1) shall be filed in writing to the Directorate General stating with the reasons and amendments.
- (3) In case the request for amendment of the Book of Requirements as referred to in paragraph (1) can be approved, the Directorate General shall publish the amendment of the Book of Requirements in the Official Gazette of Geographical Indication.
- (4) The provisions regarding the publication as referred to in Article 11, and opposition and rebuttal as referred to in Article 12 shall also apply to the amendment of the Book of Requirements.
- (5) In case the Directorate General refuses the request for amendment of the Book of Requirements, the applicant or his proxy may file an appeal petition to the Trademark Appeal Commission.
- (6) The appeal as referred to in paragraph (5) can be filed within a period of 3 (three) months at the latest from the receipt of decision of refusal.
Part Three
Termination of Protection of Geographical Indication
Article 23