The protection of local handicrafts through the geographical indication by the regional government in East Java, Indonesia

Nasyiah, Iffaty, Ramadhita, Ramadhita and Hidayah, Khoirul (2022) The protection of local handicrafts through the geographical indication by the regional government in East Java, Indonesia. Jurisdictie: Jurnal Hukum dan Syariah, 13 (2). pp. 162-187. ISSN 2086-7549

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Abstract

The Directorate General of Intellectual Property Rights data in December 2021 show that only 10% of 97 local handicraft products were registered in Geographical Indication and none of those are East Java products. In fact, East Java owns numerous handicrafts sold in the export market. The registration of GI, as in brand registration, can help Small and Medium Industries to market their products abroad. The causal factors of the nonexistence of GI registration for handicrafts in East Java should be studied. It is crucial to know the attempts of East Java’s regional government to develop the access quality of trading local’s handicraft through GI. This is a juridical-empiric study, using juridical sociology approach. The results reveal that the three regional governments, Malang Regency, Ponorogo Regency, and Tulungagung Regency understood the branding concept but not GI protection. According to Syathibi’s maslahah concept, GI regulation and regional government’s role are urgent to keep legal purposes, that is to protect local society. GI is a communal right of ownership–in the Milkiyyah concept it is called al Milk al ‘Ammah–that can be jointly used. This study is a recommendation for local governments to facilitate the GI for the handicraft businessmen.

Item Type:	Journal Article
Keywords:	geographical indication; local handicrafts; maslahah
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Ramadhita Ramadhita
Date Deposited:	14 Feb 2023 13:15

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