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description Journal article public Jurnal Mahasiswa Fakultas Hukum Universitas Brawijaya

Perlindungan Hukum Atas Indikasi Geografis (Studi Perbandingan Hukum Indonesia Dengan Australia)

Debrina Rahmawati
Diterbitkan 2016

Abstrak

The diversity of responses on TRIPs obligation for provide protection of geographical indication (GIs) in the national laws of member state, led to the application of Most Favoured Nation (MFN) doesn't work properly. Advanced country (including Australia) apply tightened GIs protection (only for wine and spirit) while developing country (including Indonesia) apply widely GIs protection. The purposes of this paper are investigating and analyzing the distinguishing factors GIs regulation between Indonesia and Australia as well as identifying the application of the principle of standart minimum and/or more extended and understanding their adoption to leglisation in Indonesia and Australia. The method of writing in this journal is normative, with compare GIs protection between Indonesia and Australia. The differences factor protection between Indonesia and Australia are (1) Authority to register GIs and (2) The authority to determine GIs. In the adoption of TRIPs rules, Indonesia doesn't include reputation to be element protectable of GIs, while Australia requires that reputation must be exist first before registration.

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