To comply with PCT Rule 49.6 concerning reinstatement of rights after the failure to enter national phase within the prescribed period, the Indonesian Patent Office has issued a Directive. The Directive titled- "Dispensasi Permohonan Paten melalui PCT yang terlambat masuk fase nasional" (i.e. the Reinstatement of Rights for any patent application based on PCT that […]
Publications
Geographical Indications Laws in Indonesia in 2001: An Opportunity Lost in 1999
The Toraja Coffee Case Indonesia is a large territory constituting of many islands. In each of these islands, several unique products of certain origin have been recognized due to its geographical origin or ethnic influences. Normally, products namely coffee or cocoa originating from Indonesia could be related to names or marks alike Java or Bali […]
Protection of Well-Known Marks in Indonesia
The Registration System, 1961 Historically, since 1961, trademark protection in Indonesia adopted the "first-use-principle" whereby a trademark is registered to the proprietor based on its first use in the jurisdiction. There was no protection for well-known marks. The situation for well-known mark owners was unsatisfactory as illustrated by an important case that occurred in 1996 […]
Shape Marks Accepted in Indonesia
The Indonesian Trade Marks Office has recently informed that it will now consider the registration of 3D/shape marks, even if no amendment to the current Trade Mark Law will be done. No written regulations will be issued regarding this matter even if article 1.1 of the Indonesian Trade Mark Law, which states that a mark […]
Simplified Procedures On Patent Filing In Indonesia
The Indonesian Patent Office has issued a circular No. H3-UM.07.10.482/2004 dated December 8, 2004 clarifying on the simplification of filing requirements for patent applications filed via the PCT route. As a result, the following documents are now not statutorily required for filing with the Indonesian Patent Office. PCT pamphlet Priority documents (if any) International Search […]
Indonesia - The Design Copyright Case
The legal framework for the protection of industrial designs in Indonesia is based on Law No. 31/2000 (Law on Industrial Designs) that became effective on 14 June 2001. Based on the law, any third party may file for the cancellation of registration of an industrial design to the Commercial Court on the grounds that the […]