Publications

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. […]

New Regulation of Ministry of Law and Human Rights Amending the Previous Implementation Regulation for Trademark Law No. 20 of 2016

On 3 February 2021, the Ministry of Law and Human Rights of Republic Indonesia issued an amended implementation regulation to support the provisions of the current Trademark Law No. 20 of 2016. This implementation regulation is No. 12 of 2021 (the “Regulation”) was issued to accelerate the timeline for prosecuting a trademark application. In Article […]

Indonesia – Patent Working Requirement

Since 26 August 2016, all patent holders are obliged to “work” their patented invention in Indonesia, by either manufacturing their patented products or using their patented processes within 36 months from the date the patent is granted – article 20 of Law No 13 2016 on patents (‘the new law’). There are consequences for not […]

New Ministerial Regulations in Indonesia

The Ministry of Law and Human Rights (“MOLHR”) ratified the MOLHR Regulation No. 38 of 2018 concerning Applications for Patents (“Regulations”) on 28 December 2018. These Regulations were issued to clarify the provisions of the Patents Law No. 13 of 2016, in particular, Articles 29, 32, 33 (3), 42, 43 (3), 56 and 61 (5). […]

Indonesia: Well-Known Mark Triumphs over Registered Trademark in Indonesia

Dewi Nilasari (appellant), a local entrepreneur, failed to retain proprietary rights to the NOVEC 1230 mark after the Indonesian Supreme Court dismissed her appeal in Decision No. 160 K/Pdt.Sus-HKI/2019 on February 21, 2019. The appellant registered her mark in 2013 in Classes 9 (IDM000487501), 35 (IDM000487594), and 38 (IDM000487620). In 2016, the application by 3M […]

Well Known Trademark Pierre Cardin Loses Final Battle in Indonesia Court

The long running dispute between Pierre Cardin (“Plaintiff”) and Alexander Satryo Wibowo (“Defendant”) finally reached its conclusion on 28 June 2018 (Supreme Court Decision No. 49 PK/Pdt.Sus-HKI/2018). The Plaintiff filed for a cancellation action against the Defendant for the registered trademarks PIERRE CARDIN wordmark and PIERRE CARDIN device in class 3. The grounds were (1) […]

Postponement Regimen on ‘Patent Working Requirements’ introduced by the Ministry of Law and Human Rights (Indonesia)

Article 20 of Law No. 13 of 2016 on patents that came into effect on August 26, 2016, requires patent holders to “work” their patents in order to support the transfer of technology, investment and/or job opportunities in Indonesia. To comply with the working requirements, patent holders need to implement their patents, for example, by […]

Indonesia Trademark Cancellation Fails on Inadequate Documentation

In Yayasan Korpri Banjar v Yayasan Marta Berlian Husada DK (1314 K/Pdt.Sus-HKI/2017) [published 26th April 2018], the Supreme Court of Indonesia upheld a decision of the Commercial Court to reject a trademark cancellation suit. Yayasan Korpri Banjar (“the Plaintiff”) filed for cancellation of the device mark AKBID MARTAPURA (pictured below) held by Yayasan Marta Berlian […]