ABSTRACT
The protection of Geographical Indications (GI), which has its traditional and cultural roots in European countries, is being accepted in Asian countries. The concept and legal protection of GIs were introduced into the Indonesia’s legal system following Indonesia’s ratification of the WTO Agreement in 1995. Indonesia provided for GI protection in the Trade Mark Law No. 15 Year 2001, followed by the Government Regulation No. 51 of 2007 concerning GI registration. Almost nine years later, there is a need to assess the advantages and challenges related to the implementation of Indonesia’s GI protection, namely as follows: first, does the concept of GI actually promote Indonesia’s interest; second, what is the reason behind the relatively low number of GI registrations; and third, how can law be used to promote more effective implementation? The article sets the ground for a more in-depth analysis of the issue at a conceptual and theoretical level. The analysis is based on a combination of socio-legal research, philosophical reflection with a critical reflective approach, with a particular focus on historical, conceptual, paradigm development. Legal and non-legal contributing factors along with the pragmatic implications of the same are also considered.
