Government Regulation Number 51 of 2007 regarding Geographical Indication, related to registration procedure
By the promulgation of the Government Regulation Number 51 of 2007 on 4 September 2007 as implementation regulation of the Law Number 15 of 2001 which regulates the protection of Geographical Indication which has opened the way for national geographical indications product to be registered. Government Regulation Number 51 of 2007 contains provisions on the registration procedure of geographical indication which stages are classified into :
I. Phase One: Filing the Application
- Any association, producer or organization representing certain geographical indication product may filing application which fulfil requirements by attaching as follows :
- Application filed in writing in Indonesian language by the Applicant or his/her Proxy by completing the form in triplicate to the Directorate General
- Certain power of attorney, if the Application is filed through a Proxy;
- Receipt of fee payment
- Book of Requirements which consists of:
- name of the geographical indication being applied;
- name of goods to be protected by Geographical Indication ;
- description of characteristic and quality which differentiate particular goods from other goods in the similar category, and describes its relation to the place of origin where the product is produced;
- description of geographical environment, the natural and human factor which as a unity give effect to the quality or characteristic of the produced goods;
- description of bounderies and/or map of the area that is coveres by the geographical indication;
- description of history and tradition in relation to the use of geographical indication to designate the produced goods of the area, including a description of recognition by the public on the geographical indication;
- description of the production process, processing, and manufacturing which is used that allow any producer within the region to produce, process or manufacture relevant goods;
- description of the method used to assess the quality of produced goods; and
- Label used in the goods which contains geographical indication.
- Description of boundaries and/or map of the the area which is covered by the geographical indication which have recommendation from the authorized institution.
II. Phase Two: Administrative Examination
- In this phase, the examiner shall conduct a throughly examination of the application to check any decificiency in the requirements being applied. In the event of deficiencies, the Examiner shall notify the Applicant to remedy the deficiencies within 3 (three) months and if not, the application will be refused.
III. Phase Three: Substantive Examination
- In this phase, the application is examined. The application of Geographical Indication with different types of product, Expert Team which consists of examiners with expertise in geographical indication examine the statements which have been filed to be verified, after being stated as sufficient, the Examination Report will be issued and its proposal will be submitted to the Director General.
- In the event that the Application is refused, the Applicant may submit a response to the refusal, substantive examination will be conducted within the period not later than 2 (two) years.
IV. Phase IV: Publication
- Within a period not later than 10 (ten) days since the date of decision that the geographical indication can be registered or refused, the Director General publish the decision in the Geographical Indication Gazette for the period of 3 (three) months.
- The Publication contains: Application number, full name and complete address of the applicant, name and address of the Proxy, Filing Date, Relevant Geographical indication, and the abstract of the Book of Requirements.
V. Phase Five: Opposition of Registration.
- Any party observing the Geographical Indication Gazette may file an opposition to the approval of registration for Geographical Indication as recorded in the Geographical Indication Gazette. An opposition may be filed by making an objection supported by reasons, and the applicant of the geographical indication may file a rebuttal to the said opposition.
VI. Phase Six: Registration
- To the registered geographical indication application and there is no opposition submitted or final decision to the opposition has been made for the geographical indication to be registered. Date of registration means the date of application being filed. The Director General then issue the certificate of Registered Geographical Indication. In the event of errors, the Certificate may be corrected.
VII. Phase Seven: Controll to the Use of Geographical Indication
- In this phase, Expert Team of Geographical Indication manage and monitor the controlling the use of the geographical indication in the Republic of Indonesia teritory. It means that the Geographical Indication being used is in accordance with the book of requirements as applied.
VIII. Phase Eight: Appeal
- An appeal may be filed to the Appeal Commission by the Applicant or his/her Proxy against a refused Application within the period of 3 (three) months as from the receipt of the decision of refusal by paying the determined fee.