In line with the enactment of Government Regulation No. 45 of 2024 concerning the types and rates of Government Regulations on Non-Tax State Revenue, which took effect from 17 December 2024, the Directorate General of Intellectual Property (“DGIP”) has updated the types and rates of intellectual property services. While the rates for trademark-related matters remain […]
Publications
Domain Protection as an Intellectual Property Right in Indonesia
In Indonesia, domain protection refers to services that protect personal information associated with domain registrations from public access, particularly in WHOIS databases. Domain protection, also known as domain privacy protection or ID protection, is a service that hides the owner’s personal information, such as name, address, phone number and email, from public view. Instead of […]
Indonesia Courts Issues Landmark Decision Affecting Non-Use Period of Trademarks
The Constitutional Court of Indonesia issued a landmark decision on 30 July 2024. The case involved a micro, small and medium enterprise (MSME) owner of the HDCVI and Logo trade mark, facing a lawsuit for the deletion of his trade mark on the basis that it had not been used for three (3) consecutive years. […]
Indonesia Copyright Law
Copyright operates under the principle of “first to use,” meaning that the first person to disclose or publish a work is considered the copyright owner. This differs from other intellectual property rights, which typically follow the principle of “first to file”. Rights conferred under the Copyright Law in Indonesia include copyright and related right. Copyright […]
Calculation of Deadlines According to Indonesia Trademark Law
In Indonesia, the practice of trademark law differs from that of some other jurisdictions in terms of deadline calculation. Article 1 point (22) of Law No. 20 of 2016 concerning Trademarks and Geographical Indications states “Day means work day”. As such, while deadlines are often counted on running calendar days, in Indonesia, they are typically […]
THE WELL-KNOWN STATUS OF TRADEMARK CAN BE A DETERMINING FACTOR IN THE SUCCESSFUL LAWSUIT CONCERNING TRADEMARK INFRINGEMENT, EVEN IF THE GOODS/SERVICES ARE IN DIFFERENT CLASSES
The recognition of a trademark can determine the success of canceling a trademark that has actually been registered earlier in the territory of Indonesia. This was demonstrated by Starbucks Corporation against Sumatra Tobacco Trading Company (“STTC”), one of the local conglomerate companies. In October 2023, STTC filed a Judicial Review of a Cassation Decision that […]
IP Marketplace as an Innovation for Community Needs
In August 2022, The Directorate General of Intellectual Property (DGIP ) under the Ministry of Law and Human Rights launched the Intellectual Property Marketplace (IP Marketplace). The IP Marketplace is a platform that is created to respond to the needs of the community in making it easier for IP owners to promote, sell or license […]
Indonesia – Launch of Automatic Approval of Trademark Renewal
The Automatic Approval for Trademark Renewal (“POP Merek”) was launched by the Directorate General of Intellectual Property (DGIP) on 30 October 2022. POP Merek simplifies the renewal process of trademark, and renewal applications meeting the formality requirements can expect to receive approval and renewal certificates within ten (10) minutes, as opposed to two (2) to […]
Letters of Consent as a Determinant Factor in Trademark Examination in Indonesia
Letters of Consent remain one of the most persuasive and effective strategies for overcoming a citation objection from the Trademarks Registry in many jurisdictions, except for a few jurisdictions such as Indonesia. For the longest time, the Indonesian Trademarks Registry would not accept coexistence agreements and/or consent letters as a means of overcoming a citation […]
Trademark Infringement E-Complaint Feature by Registry
Most cases of Indonesian trademark infringement matters are filed through a direct formal complaint to the National Police Unit. Not many cases are filed through Directorate General of Intellectual Property (“DGIP”) even though such a mechanism is allowed under the Trademark Law No. 20 of 2016. Specifically, Article 99 in Chapter XVII of Trademark Law No. […]