To comply with PCT Rule 49.6 concerning reinstatement of rights after the failure to enter national phase within the prescribed period, the Indonesian Patent Office has issued a Directive. The Directive titled- "Dispensasi Permohonan Paten melalui PCT yang terlambat masuk fase nasional" (i.e. the Reinstatement of Rights for any patent application based on PCT that […]
Plant Variety Protection in Indonesia
As a member of the World Trade Organization, Indonesia is bound to provide a national regulation regarding the Plant Variety Protection (PVP) as well as the other scopes of Intellectual Property Rights. The article 278 paragraph 3 of Agreement on the Trade-Related Aspects of Intellectual Property (TRIPs) stipulates that its member shall provide for the protection […]
Geographical Indications Laws in Indonesia in 2001: An Opportunity Lost in 1999
The Toraja Coffee Case Indonesia is a large territory constituting of many islands. In each of these islands, several unique products of certain origin have been recognized due to its geographical origin or ethnic influences. Normally, products namely coffee or cocoa originating from Indonesia could be related to names or marks alike Java or Bali […]
Protection of Well-Known Marks in Indonesia
The Registration System, 1961 Historically, since 1961, trademark protection in Indonesia adopted the "first-use-principle" whereby a trademark is registered to the proprietor based on its first use in the jurisdiction. There was no protection for well-known marks. The situation for well-known mark owners was unsatisfactory as illustrated by an important case that occurred in 1996 […]
Bioprospecting – New Malaysian Laws to be Enacted
Scientific research that looks for useful applications, processes, or products in nature is called biodiversity prospecting, or bioprospecting. In many cases, bioprospecting is a search for useful organic compounds in microorganisms, plants, and fungi that grow in extreme environments, such as rainforests, deserts, and hot springs. Malaysia, being one of the 12 mega-diverse countries in […]
Malaysian Courts Apply American Cynamid Principles To Copyright Injunction
An interlocutory injunction is a relief available to a plaintiff to restrain a defendant from continuing to infringe the plaintiff's rights pending the trial of the matter. As the rights of the parties have not been resolved at trial, the courts would have to be careful in exercising its discretion in granting an injunction especially […]
Simplified Procedures On Patent Filing In Indonesia
The Indonesian Patent Office has issued a circular No. H3-UM.07.10.482/2004 dated December 8, 2004 clarifying on the simplification of filing requirements for patent applications filed via the PCT route. As a result, the following documents are now not statutorily required for filing with the Indonesian Patent Office. PCT pamphlet Priority documents (if any) International Search […]
Indonesia - The Design Copyright Case
The legal framework for the protection of industrial designs in Indonesia is based on Law No. 31/2000 (Law on Industrial Designs) that became effective on 14 June 2001. Based on the law, any third party may file for the cancellation of registration of an industrial design to the Commercial Court on the grounds that the […]
The Honda case – Injunctive Relief in Industrial Design and Three Dimensional Copyright in Malaysia
The High Court in Malaysia has delivered an important decision on the various issues pertaining to copyright and industrial design with special reference to an application for an interlocutory injunction. In Honda Giken Kogyo Kabushiki Kaisha v Allied Pacific Motor (M) Sdn Bhd & Anor [2005] 3 MLJ 30, the famous Japanese marque for bikes […]
Proposed Health Products Bill in Singapore
The Health Sciences Authority (HSA), a statutory board under the Ministry of Health, plans to table a Bill in Parliament to enact the proposed Health Products Act. This is to consolidate the controls for regulating medicines and health-related products in Proposed Health Products Bill in Singapore Singapore into one piece of legislation. Currently the controls […]