Perlindungan Hukum Terhadap Produk Kopi Toraja Indonesia Dalam Perdagangan Internasional Di Hubungkan Dengan Undang-undang Merek Dan Indikasi Geografis No. 20 Tahun 2016

Irawan, Refli (2020) Perlindungan Hukum Terhadap Produk Kopi Toraja Indonesia Dalam Perdagangan Internasional Di Hubungkan Dengan Undang-undang Merek Dan Indikasi Geografis No. 20 Tahun 2016. Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT Geographical Indications are included in the category of protection of intellectual property. Lack of government participation can result in a lack of public understanding of the existence of rules to protect against a Geographical Indication. Resulting in one of the geographical indications that Indonesia has been registered by the Japanese as its trademark. Actions from the Japanese side can be said to violate the right of geographical indication known as Indonesian natural products, especially the Land of Toraja in the province of South Sulawesi, because the brand claimed by the Japanese side is a sign that indicates an area of origin and product of goods produced from the Land of Toraja. The research problem is, How is the regulation of Indonesian Toraja Coffee products in International Trade, and how is the legal protection of Indonesian Toraja Coffee Products in International Trade linked to Trademark Law and Geographical Indications No.20 of 2016 The research method is normative legal research, which is a study that wants to study the legal protection of Indonesian Toraja coffee products in international trade connected with the trademark and indicative law No. Geographical Indications. 20 of 2016. This writing is descriptive, which means that research is intended to provide a detailed, clear and systematic picture The results of the study that the regulation of Indonesian Toraja Coffee Products in International Trade is still based on the Trade Related Aspect of Intellectual Property Rights (TRIPs) agreement, whereby the Indonesian state is forbidden by the Japanese to cooperate with other countries besides it, and also determined by the Japanese has the freedom to sell toraja coffee to any party without permission while Indonesia is not free to export toraja coffee abroad. So this is very contrary to the regulation of the geographical indications of Indonesia, namely Article 1 number 6 of Law Number 20 Year 2016 Regarding Brand and Geographical Indications, and legal protection of Indonesian Toraja Coffee Products in International trade in connection with the Geographical Indication Brand Law No. . 20 of 2016 is not yet operational, because Indonesia does not yet have a standard legal rule against Geographical Indications that can protect Indonesian Products internationally in addition to the existence of a law, for example due to Toraja Coffee it must be registered first in the country as a Geographical Indication.

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