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 […]
Publications
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. […]
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: Implementing regulations for geographical indications
Since the geographical indication general provision was introduced in 2016 (under Law No. 20 of 2016 concerning the Trademark and Geographical Indication Law), there was no specific stipulation from the Indonesian government to support the law, until June 25, 2019, when the government enacted Ministry Regulation No. 12 of 2019 implementing the specific provisions regarding […]
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 […]