DJULAEKA, 090810013 D (2013) PRINSIP PERLINDUNGAN KEPEMILIKAN INDIKASI GEOGRAFIS. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

Geographical indication as a legal regime in the area of intellectual property rights has a distinct characteristic from other regimes of intellectual property rights. It is the natural and or human factor that creates the distinctive character. By virtue of natural and or human factor of a certain area, the area brings about unique products/goods that have distinctive character. The main issues of this dissertations are(1)the philosophical basis and the economic significance of protection for geographical indication; (2) Geographical indication before and after TRIPs Agreement; and (3) The meaning of geographical indication “ownership”. The type of this research is a legal research. In this research, statute approach,comparative approach, and conceptual approach are employed. From this dissertation, three things are found. First, philosophically, despite under legal regime of intellectual property rights, geographical indication has a distinctive character because of natural and human factors. The distinctive character is the core of protection, which may serve as a test for discerning products/goods of the geographical area from that of other geographical area. Economically, geographical indication brings about benefit to rural economy since it increases reputation and quality of goods produced in the area. Second, geographical indications protection has been recognized before and after TRIPS Agreement in convention or international agreement. Third, the meaning of “ownership” in the context of geographical indication is collectively communal ownership. The “ownership” is not automatically granted by the state; rather, people of the area, which is interested party, collectively seek the “ownership” status by filing with the concerning agency. The ownership status shall be a defensive protection against abuse of geographical name by unlawful third party, who is outside the geographical area.

Item Type:	Thesis (Disertasi)
Additional Information:	KKB KK-2 Dis H 14/13 Dju p
Uncontrolled Keywords:	geographical indication;distinctive character ;collectively communal ownership; interested party
Subjects:	H Social Sciences > HD Industries. Land use. Labor > HD101-1395.5 Land use Land tenure K Law > K Law (General)
Divisions:	03. Fakultas Hukum > Dasar Ilmu Hukum
Creators:	Creators NIM DJULAEKA, 090810013 D UNSPECIFIED
Contributors:	Contribution Name NIDN / NIDK Thesis advisor Rahmi Jened, Prof.Dr.,SH.,MH. UNSPECIFIED
Depositing User:	Tn Joko Iskandar
Date Deposited:	01 Oct 2016 00:52
Last Modified:	01 Oct 2016 00:52
URI:	http://repository.unair.ac.id/id/eprint/32505
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