Legal Protection on Indigenous Herbs of Madura through Geographical Indications

Lecturers at the Law Faculty of Narotama University, Surabaya, Indonesia

^* Corresponding author: saleh.nwa@gmail.com

Abstract

Indigenous Herbs of Madura is the productt of intellectual creativity of local community in Madura which spread over four regions, namely Bangkalan, Sampang, Pamekasan, and Sumenep. Indigenous Herbs of Madura is part of traditional medicine which produced heredity by Madurese society. To prevent misappropriation from developed countries, the Indigenous Herbs of Madura must be legally protected. The model of legal protection of the Indigenous Herbs of Madura can be done using Geographical Indication Certificate of the Government of East Java Province or by an institution or association of the entrepreneurs of Indegenous Herbs of Madura with its membership covering four regions in Madura. The Geographical Indication Certificate becomes the basis for granting permission to utilize the original ingredients of Madurese by either local entrepreneur or other local business in Madura, or by foreign entrepreneur. In the event that such utilization permits are granted against a local business entrepreneur in Madura or to a foreign entrepreneur, a prior informed consent of Madurese (prior informed consent) and benefit sharing is required for the local community in Madura.