Legal Literacy - Get a complete explanation of the importance of protecting regional works through registration of Trademark and Geographical Indication Rights. Discover the benefits for the regional economy, the role of government, and successful case studies of Silungkang songket cloth.

Referring to the Basic Law of the Republic of Indonesia that “Indonesia is a State of Law (rechtstaats). Legal protection becomes a legal objective for countries such as Indonesia with a Civil Law system in order to create legal certainty. This indication connects to social and economic certainty that will be carried out by the community so that it is able to provide confidence that the plan will be implemented. The economy becomes a pillar of development, where business actors can make a positive contribution to a country's income, especially the country. Indonesia has a diversity that can be expressed through art, actions and intellectual works. Speaking of regional products in the form of diversity, in addition to producing an art, it will create economic value for the region.

Referring to Article 1 number 6 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications that “something that indicates the area of origin of a good and/or product which, due to geographical environmental factors including natural factors, human factors or a combination of these two factors, gives reputation, quality, and characteristics to the goods and/or products produced”. The form of legal protection for works originating from individuals, groups or communal has been regulated in such a way. Indeed, referring to Article 9 paragraph (1) of Law Number 28 of 2014 concerning Copyright that:

(1) The Creator or Copyright Holder as referred to in Article 8 has the economic right to carry out:

  1. Publication of Creation;
  2. Reproduction of Creation in all its forms;
  3. Translation of Creation;
  4. Adaptation, arrangement, or transformation of creation;
  5. Distribution of Creation or copies thereof;
  6. Performance of Creation;
  7. Announcement of Creation;
  8. Communication of Creation; and
  9. Creation Rental.

In legal analysis, every society that creates a work derived from its thoughts will create an economic right from the state. As in the problem of the importance of works of art from the region, if the creator registers with the Director General of Intellectual Property Rights as the legal department for the protection of intellectual property rights of the Republic of Indonesia, it will indirectly obtain exclusive rights and have legal force to file a lawsuit if other parties do not ask permission from the license holder.