Pempek is Indonesian food that is known originally from Palembang, for food lovers this food is quite popular because of the distinctive taste, so Pempek has many takers, do not be surprised if many pempek sellers outside of Palembang.

But recently pempek origin of Palembang has been questioned because of the recognition that states that Pempek came from Jambi Province. Unclear who claimed, however, South Sumatra Governor Alex Noerdin states, former Vice President Jusuf Kalla told that there are officials in Jambi claimed Pempek as their signature dish.

South Sumatra Governor Alex Noerdin infuriated when someone claimed Pempek which is a typical food city of Palembang that is already very well known came from Jambi "I'm surprised there are people who say that Pempek is the signature dish of Jambi. If you want to admit another matter, whatever. But if admitted Pempek as other regional specialties, we are ready to battle," Alex said with a high tone, Saturday (28/12).South Sumatra Governor Alex Noerdin challenge that invites 'war' with the neighboring province of Jambi province because it claimed came from a local pempek make the citizens of immigrants from Jambi in Palembang offended.

Alex should have been wiser to respond as the number one in the South Sumatra. South Sumatra Governor Alex Noerdin even planning to patent Pempek as typical Palembang food to the Directorate General of Intellectual Property Rights (IPR) as a protection against food that is synonymous with the city of Palembang.

"Now Governor Alex Noerdin propose pempek culinary and Pinang coffee well-known to people of South Ogan Komering Ulu into the national cultural heritage," he said, managing tasks Head of Public Relations and Protocol, Government of South Sumatra Province Camelyn Irene, Tuesday (17/12) said, prior art Dulmuluk and Songket fabric has been established as a national cultural heritage.

Pempek as culinary that has many lovers, according to South Sumatra Governor Alex Noerdin should have been included in the list of national specialties. Even Pinang coffee and Pempek typical Sumsel deserve to be as a national cultural heritage.

Irene explained, for it is typical of the work of both the origin of the South Sumatra will also be registered as a national cultural heritage to the Ministry of Education and Culture to further registered to the United Nations Organization for Education, Science and Culture (UNESCO).

Jambi Governor Hasan Basri Agus responded with a smile -related reactions South Sumatra Governor Alex Nurdin irate pempek mentioned came from Jambi.

Plan of the Governor of South Sumatra to patent pempek it does not seem to be realized, "It cannot be patented because pempek is 'misguided'," said Director of Intellectual Property Patent Corrie Naryati when contacted on Monday (6/1).

Corrie describe new patents may be granted to an invention (the invention of the technology). The discovery of this technology should contain an inventive step, is novelty, and can be applied within an industry. She added that if it pempek wants to be patented, tge patented element is not pempek as food, but in the making process of pempek itself.

However, this process must intersect with the invention of technology that contains elements of novelty, unpredictable, and can be applied within an industry. If not, the process of making pempek also cannot be granted a patent.

Corrie assess the most appropriate for the rights granted to pempek IPR protection is a trade secret or trademark. "Trade Secret or provide protection against trademark might be implemented," she explained.

Actually, there's another one in the protection of intellectual property rights that can be used, which is geographical indication. However, Insan assess these efforts are not necessary. He describes the geographical indication can be given if there is a particular characteristic of the pempek that can not be obtained from other regions pempek. This characteristic must arise from raw materials such pempek which has a different flavor from other areas and only obtained from Palembang area itself.

"The taste that's pempek Palembang kinds, there is a sense of really spicy or sweet broth. Well, it is typical that does not exist," she added.

Legal observers from the University of Sriwijaya Palembang, Amzulian Rifai, revealed it is common knowledge that the typical food pempek Duku Palembang and South Sumatra Histories was a typical fruit. So far, he said, there has never been patented both parties are typical products of the area.

Although the Ministry of Justice and Human Rights is merely passive, but the agency must make decisions more wisely if the provincial government of South Sumatra and Jambi were both filed patents on both. Because, as the former parent area, it's normal and Duku Pempek Palembang also lively presence in Jambi, Bengkulu, and Lampung. But that does not mean the right to food and fruit typical of the South Sumatra claimed gone unnoticed by other regions.

Source: hukum online, yahoo news indonesia, merdeka.com, detik finance, spekta news, republika.co.id, portal kepriterkini, tribun news

Legal Analysis

Who does not know Pempek, one of the popular food in this country, food that characterizes the city of Palembang, it is said has existed since the influx of Chinese immigrants to Palembang, which is around the 16th century Foods derived from Si Apek on the banks of the Musi River, the well-liked children, teens, and parents of this.

About the origin of the feud between the pempek South Sumatra Governor Alex Noerdin with Jambi province recently should not be too exaggerated, but the desire of South Sumatra Governor Alex Noerdin to protect its local food with patented pempek very imprecise.

Under Act No. 14 of 2001 About Patent article 1, paragraph 1 Patent is an exclusive right granted by the State to an inventor over his invention in the field of technology, which for a given period to own such Invention or give consent to others to carry it out.

Patents may be granted to an invention involves an inventive step which should, be novelty, and can be applied in an industry, which is a food pempek can not be granted patent rights for inventions in the field is not a technology that involves an inventive step, which can be granted a patent is the manufacturing process but also the manufacturing process must have novelty value or has not been previously disclosed, involves an inventive step and can be applied in an industry based on Article 2 of Act No. 14 of 2001.

Under article 2, paragraph 2 of Act no. 14 of 2001 is an inventive step if the invention for someone who has specific expertise in the field of engineering is that it is not foreseeable.

If the process of making the pempek not meet the elements that have been mentioned above, can not be granted a patent. Pempek also be protected under trade secret. Under the Act No. 30 of 2000 Article 1 trade secret is information that is not known by the public in the field of technology and/or business, has economic value because it is useful in business activities, and secretly kept by its owner.

The scope of trade secret protection include methods of production, processing methods, sales methods, or other information in the field of technology and/or businesses that have economic value and are not known to the general public.

In the case of the above-mentioned methods of production, processing or other information in the field of pempek business be given trade secret rights, trade secret protection is given to the pempek merchant or businessman to protect a way of making pempek are made with a special recipe that pempek has its own characteristics.

Protection of geographical indications pempek into, can be done if pempek has its own characteristics that distinguish the pempek other regions, geographical indications stipulated in Government Regulation No. 51 of 2007 concerning geographical indication mentioned in article 1 A geographical indication is a sign which indicates the origin of a goods, which because of the geographical environment, including natural factors, human factors, or a combination of both factors, provide specific characteristics and quality of the goods produced.

The official website of the Directorate General of Intellectual Property Rights released there are 23 products that have been registered and granted the right of Geographical Indication, pursuant to section 4 Geographical Indication is protected during typical characteristics and qualities that form the basis for granting protection of Geographical Indication is still there.

Palembang pempek protection of geographical indications can be given as long as it has a distinctive flavor that can distinguish with pempek other areas, for example Tofu. Tofu can be granted a Geographical Indication. Because between Kediri Tofu and Sumedang Tofu has a distinctive flavor. Although Tofu is originally from China, both Tofu has a different taste. Culinary experts can distinguish the flavor of those Tofu.