Legal Protection of Geographical Indication as Sui Generis and Trademark System in ASEAN Country

Authors

  • Fenny Wulandari Lecturer of Law Faculty of Pamulang University, South Tangerang City, Indonesia
  • Hyung Koo Kang Director of International Korean Chamber, Seoul, South Korea
  • Kartono Kartono Lecturer of Law Magister of Pamulang University, South Tangerang City, Indonesia

Abstract

ABSTRACT

Protecting geographic indications starts with protection against misleading use. In general, government positions fluctuate by adopting a system of (collective) marks or protected Geographical Indications (GI) as a sui generis system. In recent years, stimulated by the TRIPS, the debate has reached new players, especially in ASEAN. Therefore, the focus of the problem in this research relates to how the protection of geographic indications is implemented in ASEAN member countries through the trademark registration system and the sui generis system. The research approach used is a comparative approach and several case studies on geographical indications in various ASEAN countries. Almost all ASEAN countries having a long traditional relationship with the EU have followed the sui generis approaches for geographical indication and a registration system. Only the Philippines, Myanmar, and Brunei provide protection of geographical indication through the trademark system.

 

Keywords : Geographical, Indication, Sui Generis, Trademark

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Published

2023-08-16

Issue

Vol. 2 No. 1 (2023)

Section

Articles