Indonesia

New data on the Madrid Protocol in Indonesia

Crunching the numbers on filing in Indonesia provides invaluable insight into the impact that the Madrid Protocol is having on the country’s IP office and highlights several issues of which trademark professionals need to be aware.

New data on the Madrid Protocol in Indonesia
Arrest over fake Tokyo 2020 medals; counterfeit lemons seized; Indonesia trademark rise – news digest
7 Aug 2020

Arrest over fake Tokyo 2020 medals; counterfeit lemons seized; Indonesia trademark rise – news digest

In our latest round-up, we look at the Chinese government bringing live-streaming for IP services to Douyin (the Chinese version of TikTok), a shipment of counterfeit belts being seized in Louisville, and much more.

A year in review: trademark experts in Asia-Pacific reveal their expectations for 2020
19 Dec 2019

A year in review: trademark experts in Asia-Pacific reveal their expectations for 2020

With the Summer Olympics taking place in Tokyo and the protection for geographical indications on the horizon in Russia, we head east to determine what experts in Asia and Oceania have learned from 2019 and how brand owners in these jurisdictions can best prepare for the next 12 months.

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20 May 2020

Recent changes to trademark prosecution in Indonesia – what you need to know

Trademark owners and practitioners should be aware of certain changes to trademark prosecution that have recently taken place in Indonesia. Read more

31 Mar 2020

Indonesian IP office and other government bodies limit operations due to covid-19

Pursuant to a notification issued on 30 March 2020 regarding the Covid-19 outbreak, the Indonesian Directorate General of Intellectual Property has closed its physical counters while optimising online channels for IP matters. Read more

30 Mar 2020

International IP, Indonesia IP, Taiwan IP and Russia Trademark Firm of the Year: Baker McKenzie

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9 Dec 2019

Using the new online IP filing system in Indonesia – what you need to know

Following the launch of the new mandatory e-filing system, all new IP applications must be filed online and it is no longer possible to file IP applications manually through the filing counter at the Indonesian Directorate General of Intellectual Property. Read more

Anti-Counterfeiting

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1 Nov 2019

Six counterfeit hotspots that you must be aware of in Indonesia

In the latest edition of our  series on marketplaces across the world that reportedly engage in the trade of counterfeit goods we head to Indonesia. Read more

13 May 2019

USTR's Special 301 Report 2019: focus on Indonesia

According to the latest Special 301 Report of the US Trade Representative, Indonesia - which features on the Priority Watch List - suffers from many problems, including widespread piracy and counterfeiting. Read more

22 Jun 2018

Good news for IP rights owners: Indonesia in final stage of setting up IP border protection system

Following the government regulation for the control of import and export of goods entering into force last year, the Ministry of Finance has finally set out the procedures for customs recordal and seizures.

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1 Jan 2018

Creating a resilient enforcement strategy for Indonesia

Indonesia is a challenging jurisdiction in terms of enforcement endeavours, but a combination of different tactics will set brands up for success

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Brand management

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13 Jul 2018

Madrid System fails to have an impact for local filers: an analysis of the Indonesian trademark market

In this country data report, we hone in on the fast-growing Indonesian trademark market, revealing that the country’s recent accession to the Madrid Protocol has had little impact on local filers, while US applicants have been making the most of the new filing option.

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2 Jul 2018

INTA “extremely disappointed” with WTO plain packaging ruling, considering next steps

In a landmark ruling, the World Trade Organisation has upheld Australia’s tobacco plain packaging regime as being consistent with its trade obligations. The response has been mixed, with INTA voicing its disappointment and confirmed it is regrouping on the issue.

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23 Mar 2018

Franchising in Indonesia: an enforcement overview

In the latest part of our series focusing on the legislative frameworks that govern franchising in Asia and South America, we discuss enforcement in Indonesia. Read more

1 Mar 2018

Franchising: a global guide to brand monetisation

In the first of a two-part series, we outline the legislative framework for franchising in nine jurisdictions across Asia and South America. Read more

Enforcement and Litigation

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24 Sep 2018

Blow for Pierre Cardin as Supreme Court puts an end to long-running PIERRE CARDIN case

In a controversial decision, the Indonesian Supreme Court has rejected an appeal by French fashion house Pierre Cardin in the long-running litigation over the mark PIERRE CARDIN. Read more

26 Oct 2017

Indonesia’s accession to the Madrid Protocol

Indonesia has officially become the 100th member of the Madrid Union. Minister of Law and Human Rights Yasonna H Laoly deposited the country’s instrument of accession to the Madrid Protocol with the director general of the World Intellectual Property Organisation during the 57th General Assembly in Geneva.

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11 Sep 2017

New IP rights Customs regulation

Indonesia has taken its first steps towards a Customs IP border protection system. The government has issued Regulation 20/2017 on Controls of Import and Export Goods Constituting or Deriving from IP Rights Infringement, which provides for an IP rights recordal system for trademarks and copyrights.

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1 Jul 2017

Notorious markets: where to police

In the second of a two-part series, we profile markets which were omitted from the Office of the US Trade Representative’s Notorious Markets List, but which brand owners should have on their radars. This issue, we turn our attention to Asia and Africa

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Government/Policy

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13 Nov 2019

New rules on foreign-language trademarks cause confusion

Presidential Regulation 63/2019 recently provided more specificity concerning the mandatory use of Indonesian language in certain contexts under Law 24/2009. However, the effects for Indonesian businesses and brands may be huge. Read more

23 Jun 2017

New regulation clarifies procedures under amended Trademark Law

Indonesia recently enacted a regulation as part of the implementation of its new Trademark Law. The simplified procedures and additional clarity that the new regulation has introduced are likely to contribute to smoother and more timely trademark registrations, renewals and assignments for brand owners.

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25 Nov 2016

New law on trademarks and geographical indications

The new Trademark and Geographical Indication Law has been passed by Parliament and is expected to take effect imminently. This update outlines the main prosecution changes and the impact on revocation, infringement and enforcement.

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12 Apr 2016

After IKEA trademark blow, Indonesia offers brand owner boon with licence recordal regime

The Indonesian Supreme Court hit the headlines back in February for upholding a decision to strip Swedish retailer Ikea of several trademarks after it fell foul of non-use rules. While the event will likely have exacerbated brand owners’ apprehensions about doing business in the country, the introduction of new regulations addressing the recording of licence agreements could boost their confidence in the trademark system

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Law Firms

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24 Feb 2017

Lawyers' dispute highlights that copyrights cannot override trademark rights

In the dispute between the Indonesia Lawyers Association and the Indonesia Lawyers Union, which both used the same logo and the name PERADIN, the Supreme Court has upheld a lower court decision finding that the union had infringed the association's PERADIN mark. Indonesian infringers often register and cite copyrights to justify the use of similar marks; however, this case clearly shows that copyrights cannot override trademark rights.

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IP Offices

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27 Mar 2019

Madrid Protocol in Indonesia – one year on

It has been a little more than a year since the Madrid Protocol came into effect in Indonesia. As of mid-March 2019, there were more than 8,000 Madrid applications designating Indonesia. Read more

21 Apr 2017

Indonesia simplifies documents required to support trademark applications and renewals

Indonesia has simplified the formal requirements for filing new trademark applications and renewing existing registrations. The change is a welcome procedural development for trademark owners, as it lightens the burden of signing many documents in support of trademark applications or renewals.

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13 May 2015

DGIPR launches new IP database

The Directorate General of Intellectual Property Rights has launched its new integrated Intellectual Property Data and Information Service System, which includes patent, trademark and industrial design data. Among other things, the database includes registered, renewed, pending, expired, cancelled, deleted, withdrawn and rejected trademarks, collective marks and service marks.

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24 Apr 2013

A question of trust – the need to engage consumers in Indonesia

The <i>Jakarta Globe</i> recently reported on the flood of foreign brands into Indonesia. As trademark owners start looking closely at this booming Southeast Asian nation, they can’t underestimate the importance of consumer outreach.

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Online

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18 Feb 2016

Online platform for trademark renewal remains a work in progress

The Indonesian Directorate General of Intellectual Property has officially launched an online platform for trademark renewals. This follows the launch of its e-filing system for copyright recordation in September 2014.

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29 Jun 2015

Netflix case sets precedent for new domain name arbitration procedure

A dispute over the domain name ‘netflix.id’ has set a clear precedent for Indonesia's new domain name arbitration procedure. The arbitrator decided in favour of Netflix Inc, the US trademark owner, on the basis of its prior trademark registration, and ordered the domain name to be transferred to Netflix.

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13 Feb 2014

Shorter '.id' domain names introduced

PANDI, the registry responsible for ‘.id’ domain names, has announced that the registration of domain names directly under the ‘.id’ top-level domain is now available. The release of ‘.id’ domain names will be in three phases. During the sunrise period, which runs from January 20 2014 to April 17 2014, holders of Indonesian trademarks are eligible to apply for the corresponding term under ‘.id’.

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8 Jul 2003

Former general manager gets jail term for cybersquatting

The Supreme Court has sentenced Tjandra Sugiono, the former general
manager of PT Martina Berto, a local cosmetics company, to four months in prison
for having registered and used the domain name 'mustika-ratu.com' in bad faith.
PT Mustika Ratu is Martina Berto's main competitor.

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Portfolio Management

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14 Dec 2017

International applications at an all-time high as Asia and Africa experience sharp rise in trademark filings

WIPO has released its latest report into global IP activity, revealing a significant rise in  filing activity. Most of the growth can be attributed to China’s continued domination. Read more

1 May 2017

A new chapter for protection of well-known marks in Indonesia

Indonesia’s Trademark and Geographical Indications Law 2016 ushers in long-awaited improvements for rights holders. However, remaining vulnerabilities could perpetuate bad-faith registrations and trademark squatting

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2 Mar 2016

IKEA’s widespread trademark use in Indonesia is not enough use

A recent Supreme Court decision cancelling some of IKEA’s trademarks on the grounds of non-use means that any three-year period of non-use potentially makes trademarks vulnerable and subsequent use does not rectify this. A harsh judgment, perhaps, but one which is within the interpretation of the law.

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3 Dec 2015

Foreign company successfully opposes application based on unregistered trademark

Indonesia is a 'first-to-file' country and, under Article 3 of the Trademark Law, unregistered trademarks do not benefit from any protection. However, in a case that may signal a departure from established practice, Luckytex (Thailand) Public Company Limited has successfully opposed the application for LUCK-TEX, even though its LUCKYTEX mark had not been registered or used in Indonesia.

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Trademark law

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27 Oct 2016

Pierre Cardin in fashion exile from Indonesia

A trademark infringement case involving the PIERRE CARDIN mark spanning almost 30 years has ended with an unsatisfactory conclusion. The court found no clear evidence of bad faith, despite the fact this should have been easy to show.

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30 Sep 2016

Goods versus services infringement in Indonesia

A longstanding dispute between PT Multicom Persada International and PT Data Citra Mandiri has highlighted the difference in assessing infringement claims between goods and services, specifically in retailing.

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16 Sep 2016

Indonesian cigarette trademark infringement dispute burns out

The Indonesian Supreme Court has finally brought an end to a lengthy dispute over one of the most well-known Indonesian cigarette brands. GUDANG GARAM is a famous clove cigarette brand belonging to Gudang Garam Tbk, a large public listed company.

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9 Sep 2016

Pierre Cardin is the latest international trademark owner to fall foul of Indonesia’s courts

Indonesia’s Supreme Court has dismissed a complaint filed by French fashion designer Pierre Cardin against a local businessman selling products under the name of the globally recognised brand without its authorisation. The decision further underlines the concerning situation that currently faces rights holders looking to enforce trademarks in the Southeast Asian nation.

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Find an expert

Elizabeth Janda
Co-Chair Trademarks
Southfield MI, United States
Brooks Kushman PC