Geographical Indication (GI) is part of Intellectual Property Rights (IPRs). Article 22 TRIPS defines GI as “indications, which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin” In 2018 within the framework of the Indonesian government’s agenda to achieve Millenium Development Goals (MDGs) and the State’s National Goal in “Prospering the People”, the Directorate General of Intellectual Property (DGIP) under the Ministry of Law and Human Rights (HAM) of the Republic of Indonesia created a priority program to protect Geographical Indications, especially for agricultural and food products featured as a Priority Program. In the province of East Java, the Director General of Intellectual Property, Ministry of Law and Human Rights is targeting Batu City Tropical Apples variety as Pilot Project. Batu City since the 1990s has been known as the City of Apples, but unfortunately this reputation has faded along with the decline in apple productivity. With the protection of Geographical Indications, it is hoped that Batu City will regain its reputation as the City of Apples.
SWOT analysis of Batu-City tropical apple as GI products
The SWOT analysis identifies Strengths, Weakness, Opportunities and Threats—key factors that impact the success of an activity or initiative. These elements are defined as follows:
- Strengths: Characteristics that add value, setting something apart from others and making it special.
- Weakness: Deficiencies or lack of necessary skills. Form, or competency that hinder success.
- Opportunities: Conditions or situation that are favorable for progress, providing advantages and motivating action.
- Threats: Conditions or challenges that pose risks or obstacles, potentially undermining the achievement of objectives.
Field research was conducted by four researchers, with the support of 50 students, focusing on the following key elements: elements related to local government, members of the Association of GI Protection for Tropical Apple, Batu Region, characteristics of land suitable for apple farming, traits of tropical apple fruits grown in Batu City.
Strategy for establishing association and specification book for GI registration of Batu City tropical apples to prevent silent GI
The GI protection for tropical apple of Batu -city is in line with GI Implementation Strategy issued by Directorate General of IP, Ministry of Law and Human Rights and Trade Co-operation Facility of Ministry of Trade of Republic of Indonesia which focused on 8 areas namely:
1. FA1 focuses on products that have the potential to have GI;
2. FA2 Improves the IG registration process;
3. FA3 Strengthen the IG value chain;
4. FA4 Supports IG Groups and IG Associations;
5. FA5 Building stronger inter-governmental relations;
6. FA6 Protects IG;
7. FA7 Promotes and market IG;
8. FA8 Builds an effective IG control system.
According to Bob Jessop that institutionalism has 2 (two) meanings: (a) Institution as a rule of the game and (b) Institution as an organized structure.
An analysis of strengths, weaknesses, opportunities, and threats of Batu-City tropical apple as geographical indication products can be seen from 4 elements, the government, the land soil and the farmer and the fresh fruit manalagi. The autonomous city government has the freedom to regulate and take policies related to apple cultivation. Almost 70% of the population in 3 sub-districts and 24 sub-districts are apple farmers who inherited land from their parents. Batu City has Andosol and Regosol soil characteristics with the ideal height between 700 and 1200 meters above sea level. From captive cultivation to marketing of apples and derivative products is carried out by the apple farmer’s own family, so that renters and moneylenders are almost unknown to tropical apple farmers in Batu City.
Penulis: Prof. Dr. Rahmi Jened
Prof. Dr. Rahmi Jened, Agung Sujatmiko, Betharia Noor Indah Sari Strategy In Developing A Community Model And Preparing A Specification Book Of Geographical Indication Protection For Tropical Apple Variety Of Batu City, East Java Province, https://lawdata.com.tw/tw/SE.aspx?q=Agung%20Sujatmiko , NTUT Journal of Intellectual Property Law and Management, [2024] Vol.13, No.2 NTUT J. of Intell. Prop. L. & Mgmt
