Karya Ilmiah

DISERTASI (0066) - Prinsip Perlindungan Kepemilikan Indikasi Geografis

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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.
Key words:
 geographical indication
 distinctive character
 collectively communal ownership
 interested party

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Ketersediaan

090810013

0066

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

0066

Penerbit

Surabaya : Fakultas Hukum Unair., 2012

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM KEKAYAAN INTELEKTUAL

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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