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 […]
Publications
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 […]
Indonesia’s Unique Policy on Payment of Annual Patent Fees
The rules regarding payment of patent annual fees in Indonesia can be said to be rather unique and controversial. Since around year 2013, the Directorate General of Intellectual Property (DGIP) has been aggressively chasing patent owners for their unpaid annual fees even though their patents have been abandoned or deemed “void by law”. The DGIP […]
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 […]
Indonesia Trademark Cancellation Action Upheld Despite Late Filing
In Djunatan Prambudi v PT Profilia Indotech (7 PK/Pdt.Sus-HKI/2018), the Supreme Court of Indonesia has rejected a Petition to reconsider its decision to deny an appeal for the overturning of a decision of the District Court to cancel three trademarks. Djunatan Prambudi was the owner of three registered marks: “PROFIL 88” (in Classes 6 and […]
Inter-Office Training
At the beginning of 2018, Mirandah Asia kept up its regular practice of uniting delegations of staff from across our various offices, to ensure that common procedures are followed and that teamwork is kept to a high standard. The training programs united staff from our offices in Singapore, Indonesia, Thailand and the Philippines.
Mirandah Asia Malaysia Hosts UKM Law Students
Mirandah Asia Malaysia was proud to host law students from Universiti Kebangsaan Malaysia (UKM) for legal internships across the ASEAN region. The chosen interns spent one month in the Malaysia office, before being received for a week in the Singapore, Indonesia and Thailand offices respectively. CEO Patrick Mirandah gave a well-received lecture at the UKM […]