October 2019
21
Oct
The pros and cons of having foreign trademarks registered in Indonesia through the Madrid System
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The Madrid System offers trademark holders the opportunity file for trademark protection in multiple countries within one application, and therefore seems to be perfect for entrepreneurs with international ambitions. But is the Madrid System always the best choice for foreign parties to have their trademarks registered in Indonesia? Advantages of the Madrid System 1. The […]
20
Oct
As in most jurisdictions around the world, Indonesia has provisions in its Trademark Law forbidding the use of marks that are considered provocative. And, as is the case in virtually all countries as well, the question whether a mark is insulting remains an area which is largely undefined by laws. Subjects not to contradict with […]
19
Oct
Trademark registration in Indonesia: applications filed in bad faith and their consequences
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Article 21 of Indonesian Trademark Law 20/2016 mentions an application for trademark registration is to be refused by the DGIP if it has been filed in bad faith. ‘Bad faith’ is however a broad and rather unclear term, which in trademark law often forms the core of cancellation lawsuits and demands for damages. How does […]
14
Oct
Last July it was exactly eighteen months ago since Indonesia officially entered the Madrid Union. Since January 2, 2018, foreign individuals and companies could apply for protection of their trademarks in Indonesia along with requests for such protection in other countries – all within one and the same application. Though filing such an international application […]
13
Oct
Generic vs Descriptive Trademarks
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Article 20 of Indonesian Trademark Law 20/2016 describes how a trademark can not be registered if it merely describes the goods or services being offered under it. Names can be considered descriptive for two reasons. The word can already be found in the dictionary as being a definition of the goods and services a party […]
09
Oct
How to Patent a Product in Indonesia
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Patents in Indonesia are regulated under Law No. 13 of 2016 (New Patent Law) that replaced the previous Patent Law (Law No. 14 of 2001). As defined in the New Patent Law, ‘a patent is an exclusive right granted by the state to an inventor for an invention which have novelty, and which can be […]
07
Oct
In Indonesia, Trademark are regulated by the trademark act no 15 of 2001 under the directorate general of intellectual property rights. According to the Act, the mark (trademark and service mark) is a sign in the form of words, numbers, letters, figures, colors, composition, symbols or a combination of all those used to distinguish the goods or services of one […]