Strengthening The Regulation Of Brand Rights And Geographical Indications For Collective Products From The Perspective Of The Legal System And Public Welfare

This study analyzes the weaknesses of the trademark and geographical indication (GI) protection system for collective products in Indonesia and formulates a model for strengthening regulations based on the legal system and public welfare. The main problem is the suboptimal constitutive system (first to file) in protecting the communal character of GI. The study uses a juridical-sociological method with a normative-empirical approach and Lawrence M. Friedman's legal system theory (substance, structure, legal culture). The results show that the constitutive system is ineffective due to complex administrative procedures, weak institutions, and low public legal awareness. Reform towards a declarative system with institutional strengthening and legal culture transformation is a strategic solution to promote the welfare of producer communities.