Reformulasi Perlindungan Hukum Indikasi Geografis terhadap Penyalahgunaan Nama Geografis dalam Perdagangan Digital di Indonesia

Abstract

Digital trade has transformed the manner in which geographical indications are used, promoted, and commercially exploited. Geographical names possessing established reputations may be inserted into product titles, descriptions, keywords, electronic advertisements, store names, metadata, promotional images, and domain names without a legitimate connection to the protected place of origin or product specification. This study examines the legal framework governing the misuse of geographical indications in digital trade and formulates a regulatory model suited to platform-based transactions. It employs normative legal research through statutory, conceptual, and comparative approaches. Primary legal materials include Indonesian legislation on trademarks and geographical indications, electronic commerce, consumer protection, and electronic transactions, as well as the TRIPS Agreement, the Geneva Act, and Regulation (EU) 2024/1143. The study finds that Article 66 of Law Number 20 of 2016 is substantively broad enough to cover misleading digital uses of protected geographical indications. Its enforcement architecture, however, lacks specific platform verification duties, notice-and-action procedures, electronic evidence preservation, repeat-infringer controls, and coordinated institutional enforcement. Legal reform should expressly regulate digital use of geographical indications, impose proportionate risk-based duties on online platforms, integrate official geographical indication registries with electronic marketplaces, establish expedited procedures for disabling unlawful content, and provide counter-notice safeguards against excessive restrictions on legitimate geographical references.