ABSTRACT

The Trans-Pacific Partnership (TPP), which was signed on 4 February 2016, was regarded as the most advanced free trade agreement in history. Despite sharp differences, the 12 signatories finally agreed to conclude the negotiations in October 2015. The TPP is not merely about greater market access and trade liberalisation; after all, trade liberalisation is perceived to be already covered by existing trade agreements, including the North American Free Trade Agreement and ASEAN Economic Community. Under the unwritten adat law, individual ownership in intellectual works or inventions is not recognised because knowledge is regarded as public property, and its main function is to serve the public benefit. It should be noted, though, that a different situation is seen on trademark applications in Indonesia. Unlike the case with patent applications, trademark applications in Indonesia are mostly from residents. The TPP specifically addresses the inappropriate use of country names.