The Role of the Government to Encourage the Results of its People to be Registered as Trademark Rights and Geographical Indications?

The government as a regulator to protect all rights and ownership (properties) of the community is a moral obligation. Where in Article 69 paragraphs (1) and (2) of Law Number 20 of 2016 concerning Trademarks and Geographical Indications that:

  • The Rights Holder of a Geographical Indication may file a lawsuit against the User of a Geographical Indication without rights in the form of a request for compensation and termination of use and destruction of the Geographical indication label used without rights
  • To prevent greater losses to the party whose rights have been violated, the judge may order the violator to stop the manufacturing and reproduction activities, and order the destruction of the geographical indication label used without rights

As in Tenun Balai Panjang, Payakumbuh City, the government continues to provide direct and routine guidance. Where this guidance has become a priority under the National Crafts Council (Dekranasda) of Payakumbuh City to continue to introduce (promotion). This form of promotion is an initial stage to provide an introduction to consumers that the woven craft from Payakumbuh City is an indication of the origin of the area.

In the provisions of Article 63 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications that “Indication of origin is protected without the obligation of registration or declaratively as a sign indicating the origin of a good and/or service that is correct and used in trade”. Morally, the owner of the Balai Panjang woven fabric craftsman in Payakumbuh City is a step that has been given by the government to maintain the characteristics, general characteristics, and quality of the origin of the area. So that recognition from outside parties can be an initial anticipation before the handicraft products originating from this region cannot be misused by other parties who do not obtain permission from the owner.

That way, the act of violating Geographical Indications includes letter f “other actions that may mislead the public regarding the truth of the origin of the goods and/or products”.