Region: Indonesia

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.

21 April 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.

24 February 2017

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.

25 November 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.

27 October 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.

30 September 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.

16 September 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.

09 September 2016

MONSTER ENERGY case runs out of energy in the Supreme Court

In Indonesia, while there is often a strict requirement that where the parties in litigation differ, cases must be separated, it is less clear when two causes of action are fought between two parties

04 May 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

12 April 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.

02 March 2016

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