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 […]
Publications
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 […]
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 […]