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 […]
Publications
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 […]
Guide To Plant Varieties Protection In The Asean Region
Protection of Plant Varieties The International Convention for the Protection of New Varieties of Plants (UPOV Convention) was signed in Paris in 1961 and entered into force in 1968, seeks to acknowledge the achievements of breeders of new varieties of plants, by granting them an intellectual property right, on the basis of a set of […]
Commercial Court In Favour Of Famous Marks In Indonesia
A Review of GRAMOXONE v PRIMAXONE Case Through its recent decision in GRAMOXONE v PRIMAXONE (Case No. 71/Merek/2009/PN.Niaga.Jkt.Pst), the Commercial Court of the District Court of Central Jakarta has once again given due recognition to the protection of well-known trademarks belonging to foreign entity in Indonesia. The Commercial Court finds the use of similar marks […]
Indonesia Makes Headway in Cancellation Action Proceedings
For Civil law jurisdictions like Indonesia, where rights in a trademark arise from registration, not use, a trademark cannot be enforced unless it is registered. The owners of internationally famous Trademarks such as LOUIS VUITTON, YVES SAINT LAURENT and GUCCI often face serious problems with world-wide infringement of these marks. If the mark is registered […]
Indonesia - The Jakarta Buddha Bar Story
What’s in a trade name without a registered trademark in a business or to be more specific, the restaurant business? Apparently, it can be no less distinguishable than the original registered trademark. Take the example of the once registered trademark, Buddha Bar, in Jakarta, Indonesia. As reported in The Jakarta Post (online) on 22 April […]
Indonesia Works To Improve Its Trademarks Regulations System
With the introduction of new regulations for the protection of different elements of Intellectual property, such as Patent, Trade Mark, Industrial Design, Copy Rights and Plant Variety Protection, Indonesia has established a wide-ranging system for the protection of IP over the past few years. But in spite of these efforts, there are some loopholes to […]