On November 13, 2018, INAO and APAL opposed the registration of the trademark "Huile essentielle de Lavandin de Provence", which explicitly referred to the protected designation of origin "Huile essentielle de lavande de Haute-Provence". Although this PDO is not registered in Indonesia, the Indonesian Directorate General of Intellectual Property (DGIP) was sympathetic to the applicants' arguments, which included the view that the similarity between the trademark and the appellation could create consumer confusion.

A reassuring clarification of Indonesia's new GI regulations

This decision reinforces the protection of GIs in Indonesia, even though the PDO "Huile essentielle de lavande Haute-Provence" was not registered in the country. This Indonesian decision thus reassures GI holders, who were concerned about the consequences of the October 27, 2016 law on trademarks and geographical indications (Trademark & Geographical Indications Law - Law No. 20 YEAR 2016) as well as the respect of their rights. Indeed, to benefit from protection in the country, this new regulation requires, in principle, the registration of a GI in Indonesia (art. 53.1) or passage through an international agreement (art. 55.1). However, Indonesia is not yet a member of the Lisbon Agreement, and there is no GI agreement with the European Union. The DGIP decision (18380/2019) therefore confirms that GI holders will be able to assert their rights in the country even if their GI is not formally registered there. It will then be a case-by-case approach, depending in particular on the notoriety of the GI in question.

Towards greater protection for GIs internationally

This decision will set a precedent and help boost the notoriety of our GIs in Asia. Indonesia is likely to join the Lisbon Agreement and the Geneva Act in the near future, agreements designed to build an international framework for the recognition and protection of geographical indications. In fact, the country has considerable potential for products that could qualify for geographical indications.
It is also one of the most populous countries in the world, with over 270 million inhabitants, of whom the agricultural population accounts for over 30%.