HUMAN RIGHTS AND THE LEGAL FRAMEWORK FOR COMMUNAL GEOGRAPHICAL INDICATIONS
Authors: Fauzan Pratama Ahmad
DOI: 10.5281/zenodo.17432749
Published: January 2025
Abstract
<p><em>Geographical indications (GIs) identify a product as originating from a specific territory, region, or locality, where its quality, reputation, or other characteristics are essentially attributable to that geographical origin. As a form of intellectual property, GIs require legal protection, particularly for member countries of the World Trade Organization (WTO), as provided under the Trade-Related Aspects of Intellectual Property Rights (TRIPS), specifically Articles 22–24. Indonesia, a WTO member, is rich in knowledge, traditions, and culture, and possesses a tropical climate that enables the production of high-value goods cultivated by community groups in specific areas to enhance their welfare. These products warrant adequate legal protection as communal property rights. Constitutionally, Article 33 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia states that “Earth, water, and natural resources contained in it are controlled by the state and used for the greatest prosperity of the people.” This provision positions the state as the regulator in the utilization of natural resources, including products with geographical indications, which are considered communal property rights and are strongly linked to human rights</em></p>
Full Text
No full text available
Cite this Article
References
- No references available.