Justice-Based Reconstruction of the Geographical Indication Protection System for Micro, Small, and Medium Enterprises in Ciamis Regency
Year: 2026
Type: article
Abstract: This study examines the institutional and regulatory barriers preventing the effective protection of Geographical Indications (GIs) for Micro, Small, and Medium Enterprises (MSMEs) in Ciamis Regency, Indonesia, and develops a justice-based reconstruction model. Despite the region's distinctive products, including Galendo and Mount Sawal coffee, their potential has not been translated into effective collective legal protection or equitable economic benefits. Employing normative-empirical legal research, this study combines an analysis of Law Number 20 of 2016 on Trademarks and Geographical Indications with semi-structured interviews involving eight purposively selected informants from government agencies and MSME communities. The findings reveal that ineffective GI protection stems primarily from an implementation gap rather than the absence of eligible products. The main barriers comprise unfulfilled regional government obligations, the absence of a representative Geographical Indication Protection Society (MPIG), inadequate intellectual property literacy, and limited institutional coordination. These factors interact and hinder collective action, leaving local product reputations vulnerable to misappropriation. The principal novelty of this study lies in developing a justice-based reconstruction model that translates distributive, participatory, and restorative justice into operational governance criteria, linking specific regulatory and institutional deficiencies to five interconnected reform pillars. The model advances GI protection beyond administrative registration towards inclusive governance of communal intellectual property, with particular emphasis on institutional accountability, community participation, quality assurance, and equitable benefit-sharing.
Source: Jurnal Ius Constituendum
Language: English
Topic: Intellectual Property Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
Estimated APC paid: $39
OpenAlex ID: W7225625429
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