Geographical Indications and Positive Legal Theory: Protection of Collective Rights as a Fair Business Legal Instrument

Abstract

Registration of Geographical Indications in Indonesia plays an important role in legal protection that leads to increased product competitiveness, supports the local economy, and strengthens the cultural and social identity of the community. This study aims to analyze geographical indications reviewed from the theory of positive law in the protection of collective rights as an instrument of fair business law. This study is a normative legal study by prioritizing conceptual and legislative approaches. The novelty of this study is that GI registration not only provides exclusive rights to its owner, but also prevents misuse by third parties. In this context, GI registration is relevant to the theory of positive law to ensure legal certainty. Although the GI registration system already exists, the main challenge is the lack of understanding of business actors regarding the procedures and benefits, so that many potential GIs have not been registered. Therefore, it is important to increase education and socialization to business actors so that more products can be legally protected. This is expected to support regional economic development and create justice in business law, while strengthening the competitiveness of Indonesian products in the global market.