indonesia trademark law

First-to-file vs. first-to-use countries

One of the first things intellectual property consultants will check when handling a trademark case involving a foreign-registered trademark is whether this foreign country is a ‘first-to-file’ or a ‘first-to-use’ country. The first-to-file system It is not difficult to guess which party will get the rights over a trademark in a first-to-file jurisdiction. If party […]

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 […]

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: Jurisdiction of the court changes Jurisdiction of Court added to which decision made from Minister of Law and Human Rights goes […]

By: Eliza Trisnawati S.H. Geographical indications is a signs that indicate the place of origin of goods, which due to the geographical environment, including human or the combination of the two, gives a specific characteristics or quality to the goods produced therein. Basically, a Geographical Indications might be protected upon registration. Unlike other proprietary intellectual […]

By: Eliza Trisnawati S.H. The Government of Indonesia has been released the new Trademark and Geographical Indication Law No. 20. This new Law has become effective on November 25, 2016. The stated purpose of the Law is to improve the administration of the Indonesian Intellectual Property system by simplifying and streamlining laws and procedures relating […]