This question often arises amid the growing investment climate in Indonesia’s manufacturing industry. But what if the answer is: “not entirely safe”? What should you do to address all the risks?
Risk of Infringement
Even if you are the one manufacturing the product, the Trademark being used may already have been registered by another party beforehand. This could lead to claims of Trademark Infringement, resulting in lawsuits and/or legal actions against your activities deemed to be violating the rights of others.
Production = Commercial Activity
It is important to note that production or manufacturing is considered a commercial activity, even if the products are not sold in the Indonesian market. This means that potential disputes still exist, even if the distribution is solely intended for export.
Risk of Customs Seizure
If a Trademark owner has recorded their Trademark with Customs, your products may be at risk of being blocked or seized during import or export. As a result, the goods may never reach the buyer, causing significant financial losses.
What Is the Solution?
Ensure that the products you manufacture are already protected by a registered Trademark in Indonesia. If you are not the owner of the Trademark, make sure you have obtained an official license from the rightful Trademark owner, duly recorded with the Indonesian Trademark Office (DGIP), to carry out the production. Without Trademark registration, your business will always remain vulnerable.
With ownership of a registered Trademark, your production, distribution, and export processes will be protected and safeguarded from disputes or legal barriers in the future.
For more information regarding Trademark registration in Indonesia, contact us directly through these channels and get a FREE 15-minute consultation!
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