Legal Analysis of the Trademark Registration Gayo Coffee Mountain as a Geographical Indication Products in Indonesia

Abstract

The objectives of this research are to analyze how TRIPs Agreement regulates on the legal protection of Geographical Indications, to analyze the regulations regarding the legal protection of Geographical Indications in Indonesia and to analyze some legal efforts that Indonesia’s government can try to cancel the registration of Gayo Coffee by Holland Coffee Company (Netherlands Company). This research employs the type of judicial normative research or library research. The characteristic of this research is descriptive analytical, that analyzes legislations related to legal theories of the research’s object . This research concludes that the TRIPs agreement regulates on the legal protection of Geographical Indications in Article 22-24 and obliges the Members to provide the legal means. In Indonesia, Geographical Indications is still a part of Act Number 20 of 2016 on Marks and Geographical Indications. The best alternative to cancel the registration of Gayo Coffee by Holland Coffee is by suing Netherlands before WTO’s Dispute Settlement Body (DSB) because, through DSB, Indonesia can directly face Netherlands, that has full authority to cancel the registration of Gayo Coffee as a Trademark under the name of Gayo Coffee Mountain.