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 […]
Publications
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 […]
ASEAN – Comparison of Design Practices
Design laws vary by country. Some countries classify designs as patents and some have separate “registered design” or “industrial design” systems. In some countries, designs of products must be whole products in order to be registrable and not parts of products. Some countries allow protection of only part or parts of the product but the […]
Design Litigation in Indonesia: Another Tale of David and Goliath
PT Perusahaan Gas Negara (Persero) Tbk (PGN) (the Defendant), is an Indonesian company involved in the business of transmission and distribution of natural gas. In 2012, an action for infringement was filed by M Rimba Aritonang (the Plaintiff) in respect of Design No. ID0009708 entitled “Meter Box Adaptor” and was assigned Case No. 73/D.I/2012/PN.Niaga.Jkt.Pst. […]
Indonesia Legislation: Moves Towards Consolidation of Data Privacy Laws
Of all human rights, privacy can be one of the most difficult to balance. This is exacerbated by the Internet where free, easy and voluntary dissemination of information is routine both in the business and privately. The use of this rapidly developing technology continues to raise doubts regarding security of information and legal certainty. Data […]
Indonesia – KOPITIAM Generic or Distinctive?
At the center of a recent controversy in Indonesia was the mark KOPITIAM, which literally means “coffee shop.” KOPI means coffee in the local language, while TIAM is the Hokkien dialect for a shop and is widely understood as such in the country. Undoubtedly, registration of this term for a coffee shop would have been […]
Indonesia Supreme Court Issues New Rules On Search Warrant And Preliminary Injunction (Provisional Decision)
The Supreme Court of Indonesia has issued Regulation No. 5 of 2012 laying down the requirements and procedure for obtaining a Provisional Decision on Intellectual Property Rights Violations. A Provisional Decision in Indonesia has a similar effect as a Search Warrant and Preliminary Injunction against alleged infringers. The new rules took effect on 30 July […]
Trademark System In Indonesia
What is the law that regulates trademarks in Indonesia? There is a Trade Marks Act in Indonesia (Law No.15 year 2001 dated August 1, 2001) which is still valid and in force and governs trademark matters. What is the office in charge of trademarks in Indonesia? Trademark rights are acquired on the basis of proper […]
Indonesia – Trademark Infringement and Improper Use Due to Similarity in Packaging Leading to Cancellation of Mark in Indonesia
Background The Plaintiff PT. Topindo Atlas Asia owns the registered trademark “ ” in class 04 under registration number 504089 for goods such as oil lubricants for motorcycles. The Applicant is related to the TOP 1 Oil Products Company that was founded in 1979 in the United States of America by William A. Ryan, with the […]