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 […]
Publications
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 […]
New Indonesian Customs Regulation for Protection of IP Rights
The Indonesian Government has recently implemented legislation to assist IP owners to enforce their copyrights and trademarks. The Regulation (No. 20 of 2017) came into force on August 2, 2017. The new Regulation provides that IP owners with rights registered in Indonesia may apply for customs recordal to the Directorate General of Customs and Excise […]
Significant Changes to Indonesian Patent System
An important piece of new Indonesian patent legislation, Law No.13 of 2016, came into effect on August 26, 2016, replacing the old patent law, No.14 of 2001. Simple Patents Under the old legislation, simple patents merely covered visible product innovation. The new law has expanded the scope of protection of a simple patent to include […]
Mandatory Recordal of IP License Agreements in Indonesia
The Ministry of Law and Human Rights (MoLHR) of Indonesia recently issued regulations outlining the procedure for recordal of IP license agreements in Indonesia. It should be noted that while the regulations were recently issued, the law requiring recordal of license agreements has been in place since 2000 (industrial designs), 2001 (trademarks and patents) and […]
Indonesia – Understanding Patent Abandonment Rules
When a patent owner desires to abandon a patent, usually they simply do so by non-action, i.e. by stopping payment of the annuity fees. However, the same may not be true in Indonesia, and this has now become one of the most debated subjects among IP practitioners in this territory. The relevant provisions are Articles […]
Indonesia: Cancellation Action against GUDANGBARU Goes Up in Smoke
PT Gudang Garam Tbk is a leading manufacturer of Indonesian kretek (clove cigarettes) and other tobacco products. Gudang garam means “salt warehouse.” The design of the company’s cigarette pack was conceptualized by its owner, Surya Winowidjojo, in 1956. By the end of 1958, the business had 500 employees producing 50 million kretek annually. Today, Gudang […]
Indonesia – Foreign Beverage Manufacturer Prevails!
Multi Access Limited (“Multi Access”) recently succeeded in their claim to cancel the trademark registrations of a local entrepreneur, Dhalim Soekodanu (“Dhalim”), on the ground of bad faith, pursuant to Trademark Law No. 15 of 2001, Article 4. Multi Access is the owner of numerous trademark registrations for “王老吉” which is pronounced as WONG LO […]