Region: Indonesia

Supreme Court to adopt chamber system

The Supreme Court has implemented a new decree to adopt a chamber system. The amendments are based on comparative studies of how foreign courts operate. The main goal of the chamber system is to ensure consistency in decisions of the court, as well as to speed up proceedings. There will be five chambers for different areas of law, with IP cases going to the Civil Chamber. The new system will start in April next year.

05 December 2013

Christian Dior loses BABY DIOR appeal

Christian Dior's appeal to the Supreme Court in the BABY DIOR dispute has failed. Christian Dior had sought to cancel the trademark BABY DIOR for bicycle products in Class 12, but the Jakarta Commercial Court had ruled that the marks BABY DIOR and CHRISTIAN DIOR were not similar. This case highlights the difficulties faced by owners of famous trademarks when seeking to protect their marks in Indonesia.

12 November 2013

Jakarta’s governor takes a stand on illicit trade

Southeast Asia’s most popular and notorious textile market is cleaning up its act. Jakarta’s Tanah Abang, infamous for being overrun by not only counterfeit goods, but drug addicts and prostitutes as well, is underdoing renovations spearheaded by Jakarta’s new governor. Commentators point out that this is only one part of Governor Joko Widodo’s plan to clean up Jakarta and fight the spread of piracy and counterfeit products.

06 November 2013

Indonesia joins the anti-tobacco branding fight - or does it?

Indonesia has joined other developing countries in filing a case against Australia's plain tobacco packaging laws, claiming that they breach the WTO rules on barriers to trade and IP rights protection. This latest development raises a number of interesting issues, including the public health versus IP rights debate.

22 October 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.

24 April 2013

Apple retailer victorious in IBOX dispute

The Jakarta Commercial Court has held that PT Daya Citra Mandiri’s IBOX mark for services in Class 35 was dissimilar to PT Multicom Persada International’s IBOX for electronic products in Class 9. Multicom had sued Daya Citra, an authorised reseller of Apple products, for trademark infringement and damages.

26 February 2013

New tobacco branding rules hit trademarks

Indonesia’s new tobacco regulation has been passed. The regulation aims to improve public health by controlling cigarette promotion, distribution and packaging. Among other things, use of descriptors such as ‘mild’, ‘slim’ and ‘light’ is banned, which is problematic for brand owners as many of these descriptors are part of registered trademarks.

21 January 2013

adidas wins important civil trademark trial

adidas has won an important trademark victory concerning its well-known three-stripe mark; it was awarded an injunction and damages, as well as the court fee, against defendant Zul Achyar Bustaman for infringement of its three-stripe mark. Civil infringement trials are rare in Indonesia, and cases involving trademarks other than straight word marks are even less common.

05 July 2012

New regulation on company names is a step back for trademark owners

A government regulation on the application and use of company names has been issued under the new Indonesian Company Law. In contrast to the previous regulation, the new regulation no longer makes any reference to the similarity between a company name and a well-known mark. This appears to be a step back, as the only real option is now to argue that the company name copies another registered company name.

01 November 2011

Counterclaim heard in same proceedings as cancellation action

In <i>Handojo v Director General of Intellectual Property Rights</i>, the Commercial Court has raised the hopes of trademark owners facing the difficult task of tackling trademark infringement in Indonesia. The decision is significant in that the court allowed a counterclaim for trademark infringement to be heard in the same proceedings as the cancellation action.

26 March 2010

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