Communal Rights Geographical Indications in the Perspectives of Human Rights

Abstract

Geographical indications identify a good as originating in the territory of a member or a region or locality in that territory, where a given quality, reputation or other characteristics of the good are essentially attributable to its geographical origin. Geographical Indication is one form of Intellectual Property which must be strived for legal protection for member countries of the World Trade Organization (WTO). The provision is set forth in Trade Related Intellectual Property Rights, especially in Article 22 through Article 24. Indonesia is a member of the WTO that is rich in knowledge, tradition, and culture, with a tropical climate and produces products with high economic potential and cultivated by community groups in certain areas to improve their welfare should obtain adequate legal protection as communal property rights. Constitutionally, Article 33 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia determined that “Earth, water and natural resources contained in it are controlled by the state and used for the greatest prosperity of the people”. The provision is interpreted that the state is a regulator in the utilization of natural resources, including products, Geographical Indication as communal property rights, and strongly related to Human Rights.