Indication of Source in West Province: the First Government's Certification on Local Products in

Miranda Risang Ayu Palar, S.H., LL.M., Ph.D. Head of Intellectual Property Centre for Regulation and Application Studies, Department of Law on Information Technology and Intellectual Property, Faculty of Law, Universitas Padjadjaran, , Indonesia Intellectual Property Rights

Exclusive Rights

Communal IPR

Inclusive Rights Intellectual Property Rights

Individual IPR Exclusive Rights Communal Intellectual Property Rights

Exclusive Rights

Lisbon System Paris Convention System EU System TRIPS Agreement

Trade Names Controlled Appellations of Origin Geographical Collective Marks Indications Protected Designations of Certification Origin Marks

Traditional Indications Specialized of Source Guarrantee

Communal Intellectual Property Rights

Inclusive Rights

Moral Rights Economic & Moral Rights

Traditional Intangible Traditional Genetic Indications Cultural Cultural Knowledge Resources of Source Heritage Expression

IS, GI, AO in International Legal Instruments

Indications of Source (IS)

. Paris Convention for the Protection of Industrial Property of 1883 and the 1911 Revision

. Madrid Agreement of 1891 for the Repression of False or Deceptive Indications of Source on Goods

Geographical Indications (GIs)

. Agreement on the Establishment of the World Trade Organization – Agreement on the Trade Related Aspects of Intellectual Property Rights 1994

IS, GIs, AO in International Legal Instruments

Appellations of Origin . Lisbon Agreement of 1958 for the Protection of Appellations of Origin and their Registration (rev. 1967, amn. 1979) . Administrative Instructions for the Application of the Lisbon Agreement 2010

. International Convention of 1951 on the Use of Appellations of Origin and Denominations of Cheeses (Stresa Convention)

Appellations of Origin & Geographical Indications . Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications 2015 . Regulations under the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration 2016

IS & GIs (TRIPs System)

Indication of Source Geographical Indications Article 1 (1) of The Madrid Agreement for the Repression of Article 22 of TRIPS Agreement : False or Deceptive Indications of “A Member shall, ex officio if its Source on Goods of 1891 : legislation so permits or at the request

of an interested party, “ All goods bearing false or refuse or invalidate the registration of deceptive indication by which one a trademark which contains or consists of the countries to which this of a geographical indication agreement applies, or a place with respect to goods not originating situated therein, directly or in the territory indicated, if use of the indirectly indicated as being the indication in the trademark country or place or origin shall be for such goods in that Member is of seized in importation into any of the such a nature as to mislead the public said countries“ as to the true place of origin.”

IS & GIs (TRIPs System)

Indication of Source Article 1 (1) of The Madrid

Agreement for the Repression of Geographical False or Deceptive Indications of Source on Goods of 1891 : Indications

Article 22 (1) of the TRIPs Agreement : “ All goods bearing false or “ … indication which identify a good as deceptive indication by which one originating in the territory of a of the countries to which this member, or a region or locality in that agreement applies, or a place territory, where a given quality, situated therein, directly or reputation or other characteristic of indirectly indicated as being the the good is essentially attributable to country or place or origin shall be its geographical origin. “ seized in importation into any of the said countries“

IS & GIs (Geneva Act of Lisbon System)

Indication of Source

Article 1 (1) of The Madrid Geographical Agreement for the Repression Indications of False or Deceptive Indications of Source on Goods of 1891 : Article 2 (1) (ii) of Geneva Act of the Lisbon Agreement 2015 : “ All goods bearing false or “ ... any indication protected in the deceptive indication by which Contracting Party of Origin consisting one of the countries to which of or containing the name of a this agreement applies, or a geographical area, or another place situated therein, directly indication known as referring to such or indirectly indicated as being area, which identifies a good as the country or place or origin originating in that geographical area, shall be seized in importation where a given quality, reputation or into any of the said countries“ other characteristic of the good is essentially attributable to its geographical origin.”

IS & AO (Lisbon System)

Indication of Source Appellations of Origin Article 1 (1) of The Madrid Article 2 (1) of the 1958 Lisbon Agreement for the Repression of Agreement for the Protection of False or Deceptive Indications of Appellations of Origin : Source on Goods of 1891 : “... the geographical denomination “ All goods bearing false or of a country, region, or locality, deceptive indication by which one which serve to designate a of the countries to which this product originating therein, the agreement applies, or a place quality or characteristics of which situated therein, directly or are due to exclusively or indirectly indicated as being the essentially to the geographical country or place or origin shall be environment, including natural seized in importation into any of and human factors ....” the said countries“

Geneva Act of the Lisbon Agreement

 It combines the protections provided in Lisbon Agreement and TRIPS system

 it is more flexible than Lisbon Agreement. It also allows the members to choose, whether they would like to become a member of Lisbon Agreement and Geneva Act, or of Geneva Act only. The only prerequisite for the members to become a member of Geneva Act is being a member of Paris Convention

 It extends the strength of TRIPS’ second level protection to products other than wines and spirits

 It introduces a ground breaking new rule by allowing a product that is originated from a trans-border geographical area to obtain a protection Residual Theory Scope of Protection concerning Geographical Origins

Appellation Appellation of Origins of Origins on on Goods Services

Indication Wines and Spirits of Source & Other Products on Goods & Services

Geographical Indications Geographical on Goods Indications on Services

General Advantages of the Protection of Indications of Source

. Indications of Source provides the users and consumers with the true origin of the products, so they are protected against false and deceptive conducts; . No registration requirement to create the right. It can even be conducted by the producers by marking their products with the Indication of Source’s logo as a certification mark; . The usage of an Indications of Source can be shared with other goods and services, so the right holders can become inclusive in nature; . The need of Indication of Source protection stimulates provincial and local governments to be more active in providing the protection on their assets; . Establishing a system to protect Indications of Source is easy, flexible, inexpensive and fast. Advantages of the Protection of Indications of Source for Indonesia

Protection of Indications of Source for cultural resources of Indonesia would : . raise the reputations of Intellectual Property products originated from Indonesia; . provide better bargain position of Indonesian products in the international market, because of the assured quality and the true geographical origins marked on the products; . promote eco-cultural tourism of Indonesia in the GIs protected regions; . cut the excessive dependency of Indonesia to the developed countries by empowering the quality of cultural based products of Indonesia to compete in the global markets.

Advantages of the Protection of Indications of Source in Indonesia

. Indications of Source can be regarded as initial protections for protected Geographical Indications; . Indications of Source can provide protection in combination with the protection for genetic resources, traditional knowledge and traditional cultural expressions which are still in the negotiation process in WIPO. For patents which are based on genetic resource or traditional knowledge associated with genetic resource, Indication of Source could mean the implementation of the mandatory disclosure of origin automatically; . Protection of Indications of Source fills the gap of the lack or inclomplete protection for cultural resources which requires sophisticated databases, ministerial arrangement and sui generis new law in national as well as international levels;

Indonesian Law Number 20 Year 2016 about Trademarks and Geographical Indications

Law on Law on Law on Trademarks Geographical Indications Indications of Source GIs & IS (Indonesian Law 20 Year 2016)

Geographical Indications Indications of Source Art. 1 (6)(7)(10)(11), 53 (1)(3), 61, 66, 67, 68 Art. 63, 64

Constitutive system; compulsory registration to enjoy Declaratory system; no registration needed to enjoy protection protection

Substantive requirement: a link established by geographic Substantive requirement: depiction of a true origin of a environmental factor/s of origin, including natural factor good/service without direct link with geographic and/or human factor environment.

Attribution: particular reputation, quality, and Attribution: a trait of true origin of a good/service characteristic of a good/service Indication of Source (Indonesian Law Number 20 Year 2016)

 Article 63 Indication of Source is protected -- without any registration requirement or based on a declaratory system -- as a sign that indicates the true origin of a good and/or service and being used in trade.

 Article 64 Indication of Source is a trait indicating origin of a good and/or service that is not directly have a linkage with its environmental factor/s.

Provincial Regulation of West Java Number 10 Year 2018 about the Management of Intellectual Property

Article 2 Objectives 1. Accelerating productivity, creativity and innovation of intellectual property in West Java Province; 2. Developing a society with a scientific, technology and innovation culture; 3. Providing legal certainty on intellectual property products.

Provincial Regulation of West Java Number 10 Year 2018 about the Management of Intellectual Property

Article 4 Intellectual Property subject matters in the regulation include: 1. Copyrights and Traditional Cultural Expressions; 2. Patent; 3. Trademarks and Geographical Indications; 4. Variety of Origin to create a Variety of Essential Derivative; 5. Other Intellectual Property subject matters regulated by laws. Government Certification: Decree of the Governor of West Java Number 30/Kep.1087-Disparbud/2018 Indication of Source Communal Intellectual Property of West Java Province Year 2018

2nd Section Utilization of a communal Indication of Source can be undertaken by everybody as long as the geographical place from where the good and/or service in question is originated is indicated;

3rd Section Utilization can be aimed for economic benefit by arranging a fair and equitable benefit sharing;

4th Section A work or product bearing Indication of Source can be furtherly upgraded into a Geographical Indication’s product if all requirements to obtain a Geographical Indication protection can be fulfilled according to Law Number 20 Year 2016 and its implementing regulations.

No. City or Indication of Source 1 Regency Bogor Pickled, Bogor (wheat noodle soup), Bogor Taro; 2 Bogor City Bogor Pickled, Bogor Laksa (wheat noodle soup), Bogor Unyil (very small) Bread, Bogor Taro Layers Cake, Bags of Tajur, Bogor; 3 City Depok (a sweet toffee-like sugar palm-based cake); 4 Cianjur (paste made from preserved fermented yellow soybeans), Cianjur Pelung Chicken (a male crowing rooster), Cianjur Pandanwangi (rice with a screwpine fragrance); 5 Regency Sukabumi , Sukabumi Fish Meatball. No. City or Regency Indication of Source 6 Sukabumi City Sukabumi , Bangket (loamy and crispy) Cokies, Sukabumi Chicken Porridge, Sukabumi Bandros (cakes made from rice flour, shredded and milk coconut). 7 Regency Purwakarta Maranggi (Chinese-Indonesian spicing technique to marinate meats), Kaum Purwakarta Opak (cassava shell crackers), Cikeris Purwakarta Brown Sugar, Bendul Purwakarta Peuyeum (traditional fermented cassava cake), Wanayasa Purwakarta Manisan Pala (shovel sweetmeat), Plered Purwakarta Ceramics. No. City or Regency Indication of Source 8 Subang Pineapple, Subang Goldfish, Cisaat Subang Papais (smoked meats or vegies wrapped in a leaf), Purwadadi Subang Poor Crackers, Dawuan Subang (a mold fermented soybean cake), Ciluluk Subang Sticky Rice Peuyeum (fermented sticky rice cake), Subang . 9 Regency Karawang Rice, Kijing Karawang Muffin, Walahar Karawang Salted Jambal Roti (Ariidae) Fish Pais (smoked meats or vegies wrapped in a ), Karawang Tangkar (cow ribes) Rice, Ciparage Cilamaya Karawang Chicken, Cicinde Karawang (a cooking method of boiling ingredients in and certain ), Cibuaya Karawang Opak (cassava shell crackers). 10 City Bekasi Mask 11 Bekasi Mask No. City or Regency Indication of Source 12 City (meat cooked in a big earthen-ware bowl) of Cirebon, Gejrot (spicy sweet soup to deep a ) Toffu, Cirebon Jamblang (Syzygium cumini fruit) Rice, Cirebon Terasi (condiment made from pounded and fermented or small fish), Cirebon (spicy dish made from oncom. Oncom is a mold fermented soybean cake), Cirebon Lengko (traditional vegan) Rice, Cirebon Tektek (a sound made by a seller of traditional noddle) Toffu, Cirebon Petis (black colored ) Toffu, Cirebon Sapar Apem (traditional cake of steamed dough made of rice flour, , yeast and palm sugar), Cirebon Koclok (shaked) Noodles. 13 Empal Gentong (meat cooked in a big earthen-ware bowl) of Cirebon, Gejrot (spicy sweet soup to deep a tofu) Toffu of Cirebon, Cirebon Jamblang (Syzygium cumini fruit) Rice, Cirebon Terasi (condiment made from pounded and fermented shrimp or small fish), Cirebon Trusmi (special motifs from Cirebon) Batik, Cirebon Masks. No. City or Regency Indication of Source 14 Regency Kuningan Emping (gnetum gnemon nuts chips), Kuningan Horse, Kuningan Beca Opak (cassava crackers), Kuningan Sticky Rice Peuyeum (sweet fermented rice cake). 15 Regency Majalengka Gedong Gincu (very sweet mangifera indica) Mango, Majalengka Soybean , Majalengka Sweet Claw Sugar, Majalengka Sinapeul Sindangwangi , Majalengka Batik, Majalengka Ceramics, Jatiwangi Majalengka Roof Tile. 16 Regency Indramayu Gedong Gincu (very sweet mangifera indica) Mango, Indramayu Jambal Roti (Ariidae) Salted Fish, Indramayu Pindang Gombyang (pindang: a cooking method of boiling ingredients in salt and certain spices, gombyang: traditional method to mix and serve sea fish), Indramayu Keripik Tike (crackers made from a special grass), Indramayu Skin Fish Crackers, Indramayu Mask. No. City or Regency Indication of Source 17 Regency Sumedang Toffu, Conggeang Sumedang Sticky Rice Opak (cassava shell crackers), Jatigede Sumedang Ant Sugar, Jatinunggal Sumedang Shell Sugar, Pasir Reungit Sumedang Oncom (a mold fermented soybean cake), Pasir Reungit Sumedang Shredded Oncom (a mold fermented soybean cake). 18 Regency Garut Dodol (a sweet toffee-like sugar palm-based cake), Garut Dorokdok (cow skin crackers), Leles Garut Burayot (hanged-form-cake made from brown sugar, rice flour, nuts and coconut oil), Garut Aromatic Roots/Vetiver, Cipeundeuy Garut Emplod (cassava ball cracker snacks), Cibiuk Garut (hot spicy condiment), Bungbulang Garut Sale Banana (sweet dipped banana cake) Bungbulang Garut Brown Sugar, Garut Orange, Garut Batik, Sukaregang Garut Leather, Garut Sheep. No. City or Regency Indication of Source 19 Regency Ciamis Colok Gembrung (cow skin satay), Ciamis Galendo (cooked coconut remaining), Cikoneng Ciamis Crackers, Ciamis Round Toffu, Panjalu Ciamis Wajit Takir (very sweet sticky rice cake wrapped by banana leaf in a square form), Ciamis Soang (big duck) Gurame (gourami) Fish, Rancapetir Ciamis Abon (shredded meats) & Ciamis (dried meats). 20 Banjar City Banjar Awug Bandera (a cake made from rice flour and brown sugar, formed in flag colors), Banjar Ranginang Munu'u (stick rice crackers in round form), Banjar Ranginang Comot (stick rice crackers in a finger picked form), Banjar Bebeong (smoked mistus fish wrapped in a banana leaf), Banjar Caketra (cookies made from cassava flour, white sugar, ginger and coconut), Batulawang Banjar Rambutan (nephelium lappaceum fruit), Banjaran Rangicok (chocolate stick rice crackers ) No. City or Regency Indication of Source 21 City Bandung , Bandung Shake Noodles, Visualization of Bandung Satay Building, Cibaduyut Bandung Shoes, Bandung T-Shirts. 22 Bandung Soto, Bandung Shake Noodles, Majalaya Borondong (fried sticky rice or corn snacks), Various Ciparay Crackers, Ciwidey Kalua (sweetmeat) Orange, Cilampeni Satay, Ciherang Rujak (salad), Banjaran Dorokdok (cow skin crackers), Bandung Peuyeum (fermented cassava), Golek (traditional puppets), Ciparay Cireng (fried cassava flour), Bandung T-Shirts. No. City or Regency Indication of Source 23 Cililin Wajit (very sweet sticky rice cake), Cililin Gurilem (very spicy and salted traditional snack) Crackers, Kidang Pananjung Sticky Rice Peuyeum (fermented rice), Lembang Milk Toffu. 24 City Cimahi (spicy coconut milk traditional drink), Cassava Rice of ‘Cireundeu’ Indigenous/Adat Village of Cimahi. 25 Regency Pangandaran Jambal Roti (Ariidae) Salted Fish, Pangandaran Terasi ((condiment made from pounded and fermented shrimp or small fish), Pangandaran Opak (cassava shell crackers), Pangandaran Grilled Opak (grilled cassava shell crackers). No. City or Regency Indication of Source 26 Regency Manonjaya Tasikmalaya Zalacca Fruits, Tasikmalaya Ladu (a sweet sticky rice cake); Ulen (sticky rice cake) of Warung Peuteuy of Tasikmalaya; Tasikmalaya Kupat Tahu (tofu served with leaf- wrapped rice); Manonjaya Tasikmalaya Zalacca Pickles, Manonjaya Tasikmalaya Zalacca Dodol (a sweet toffee-like sugar palm-based cake), Tasikmalaya Batik, Tasikmalaya Bamboo Handicrafts, Tasikmalaya Embroidery, Tasikmalaya Eceng Gondok (water hyacinth) Handicrafts, Tasikmalaya Pandan (sweet screwpine) and Mendong (fimbristylis umbellaris) Webbing, 27 Tasikmalaya City Tasikmalaya Kelom Geulis (beautiful clogs shoes), Tasikmalaya Payung Geulis (beautiful umbrella) Laksa Dodol Tauco Bangket Cookies Sate Maranggi Opak Peuyeum Pais, Papais, Pepes Oncom Jambal Roti Salted Fish Dorokdok Empal Gentong Pindang Wajit Trusmi Batik

Cirebon Masks