LOCUS STANDI INDIKASI GEOGRAFIS TORAJA ATAS MEREK KOPI TORAJA YANG DIDAFTARKAN PERUSAHAAN LUAR NEGERI

Nilla Deva Lusyana, . (2023) LOCUS STANDI INDIKASI GEOGRAFIS TORAJA ATAS MEREK KOPI TORAJA YANG DIDAFTARKAN PERUSAHAAN LUAR NEGERI. Jurnal Interpretasi Hukum, 4 (3). pp. 642-652. ISSN 2746-5047

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Abstract

Toraja Arabica coffee was registered as a geographical indication on October 9th, 2013. However, in 1976 Toraja coffee was registered by a company in Japan as a trademark. This creates legal consequences and losses for Indonesia to use and export coffee with the name Kopi Toraja or Toraja Coffee. The aim of the research is to see whether there are violations by foreign companies of geographical indications registered as trademarks and to analyze the position of geographical indications for trademarks that have previously been registered. This research uses a normative juridical method with a statutory approach. The data source is secondary data obtained through literature study which is then analyzed using qualitative descriptive analysis techniques. The research results show that the registration of Toraja Arabica Coffee as a geographical indication resulted in the registration of the Toarco Toraja trademark by Key Coffee Inc. Corporation Japan is involved in a violation of geographical indications. In the event that a geographical indication has been registered as a trademark, the position of the geographical indication has priority over the trademark, so the trademark must be deleted and cancelled. However, the Minister of Law and Human Rights Regulation on Geographical Indications provides an exception when the mark obtains approval from the owner of the geographical indication for use. Because it has made a big contribution to the development of Toraja coffee, Key Coffee Inc. Corporation Japan can still use the name Toarco Toraja and Indonesia as the holder of the geographical indication for Toraja Arabica Coffee. To ensure that geographical indications registered as trademarks abroad are not repeated, protection of geographical indications can be carried out through the WIPO’s Lisbon System. Through this system, geographical indications will be given protection in countries other than the country of origin of the geographical indication.

Item Type:	Article
Additional Information:	[No.Panggil: 2010611003] [Pembimbing: Rianda Dirkareshza] [Penguji 1: Imam Haryanto] [Penguji 2: Muthia Sakti]
Uncontrolled Keywords:	Toraja Geographical Indications, Trademark Registration, Intellectual Property Rights
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	Nilla Deva Lusyana
Date Deposited:	20 Feb 2024 03:28
Last Modified:	20 Feb 2024 03:28
URI:	http://repository.upnvj.ac.id/id/eprint/28624

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