The Litigation and Prosecution Changes Under the New Trademark Law No. 20 Year 2016 Regarding Trademark and Geographical Indication

  • By:Kelvin Wibawa
  • 1 Comment

The new trademark law stipulate the changes of several aspects of litigation, enforcement, and prosecution with quite significant changes regarding jurisdiction of court, authority, and penalties. The discussion could be find on the following:

  1. Jurisdiction of the court changes

Jurisdiction of Court added to which decision made from Minister of Law and Human Rights goes straight to the National Administrative Court. However, the disputes between two of separate entities still goes to the National Commerce Court.

  1. Registered Trademark Removal changes

Registered Trademark Removal still could be applied by the owner of registered trademark to the minister of law and human right, before this applied to Directorate General of Intellectual Property. However, the new law needs more requirement for the Minister if the Minister take the initiative of removal by several judgements which is he/she need a recommendation from Trademark Appeal Board Commission.

  1. Registered Trademark Cancellation changes

There will be no time limitation for the trademark cancellation based on bad faith, however for the normal cancellation based is still same within the time limit of 5 years after the trademark has been registered.

  1. Trademark Infringement Lawsuits

The new law provides a new article regarding the lawsuits based on Famous & Well known Trademarks even the trademark has not been registered in Indonesia.

  1. Criminal Provisions

 The new law also gives an increase of fine for the person who violate in all aspect of infringement with range of 100% – 120% increase amount from the previous one.

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