trademark indonesia

The new copyright law requires a formal complaint from copyright holders. The debate around this centered on whether the police are capable of acting alone, without copyright holders’ input, given how complex offenses are. A mass industry-wide complaint now has been filed to try to get the police to act on a general basis. Plenty […]

The Minister of Communication and Information has announced that the ministry will issue new regulations to providers of mobile application/internet content providers. This proposed regulation will cover the following: a. Compliance with existing laws: Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition Law No. 7 of 2014 on […]

Creative Industry 4.0 in Indonesia

For adapting the industry 4.0 era, A government department in Indonesia called Bekraf leads the sector. Bekraf has for some time played a major role in assisting research, funding, start-up infrastructure, marketing, intellectual property, and other training and assistance. Following April’s elections, President Joko Widodo has announced a new cabinet. There have been rumors of […]

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 […]

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 […]

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 […]

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 […]

Generic vs Descriptive Trademarks

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 […]