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Super Mario Bros, Huge Success of a Video Game IP on the Big Screen

Intellectual Property

The Super Mario Bros. Movie is a 2023 American computer-animated comedy film produced by Illumination Entertainment and distributed by Universal Pictures. Based on a video game franchise of the same name that was first released in 1985. The film was directed by Aaron Horvath and Michael Jelenic, and stars Chris Pratt as Mario, Charlie Day as Luigi, Anya Taylor-Joy as Princess Peach, and Jack Black as Bowser. In the film, Mario and his brother Luigi team up to rescue Princess Peach from Bowser. The film was released in the United States on April 7, 2023. It received mixed reviews from critics, but was a true box office success, grossing over $1.21 billion worldwide while the budget was only $100 million. The film became the highest-grossing film of 2023, the highest-grossing film based on a video game, and the highest-grossing animated film of 2023. With those records, this movie has beaten ‘John Wick: Chapter 4,’ ‘Ant-Man and the Wasp: Quantumania,’ ‘Guardians of the Galaxy Vol. 3,’ and all ‘Toy Story’ movies that are owned by Disney-Pixar. Since its first release, the Super Mario Bros franchise designed by Shigeru Miyamoto and Takashi Tezuka has become a cultural icon and a household name around the world. The Italian plumber Mario and Luigi have entertained gamers for over three decades, appearing in more than 200 games and generating billions of dollars in revenue, with more than 58 million copies sold worldwide. The decision to bring Super Mario Bros to the big screen once again is a smart move for Nintendo, the company behind the franchise. In recent years, the company has made a concerted effort to expand the reach of its IP beyond video games, with successful ventures into mobile games, merchandise, and theme parks. The upcoming park would be in Singapore and it is scheduled to open in 2025. With the popularity of the franchise showing no signs of waning, it seems that Mario and his friends will continue to be a beloved part of popular culture for years to come. In conclusion, having an established IP can provide a promising future for any individual or company in the entertainment industry. It offers a recognized brand and loyal fanbase that can increase revenue through various streams of merchandise, licensing, and media adaptations. With the rise of new technologies and platforms, the potential for growth and success is only expanding. However, do not forget to protect and manage the IP to maintain its value and integrity. With proper management and strategic planning, an established IP can continue to thrive and bring joy to audiences for years to come.   If you need more information about how to protect your IP(s) in Indonesia and other countries, please do not hesitate to contact us at [email protected]. Source: Boxofficemojo.com    

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Protecting Your Food Recipes: A Step-by-Step Guide

Intellectual Property, Trade Secret1 Comment

Your food recipes are a valuable asset. They represent your creativity, hard work, and passion. That’s why it’s important to protect them as a trade secret from being stolen or plagiarized. Here are some tips on how to protect your food recipes: Document Your Recipe. This means writing down the ingredients, measurements, and steps involved in making the recipe. Be as specific and detailed as possible. Keep Your Recipe Secret. Don’t share it with anyone, not even friends, family, or colleagues. If you do share it with someone, make sure they sign a non-disclosure agreement (NDA). Also, consider the following steps: a) Use a password-protected computer or file-sharing service to store your recipes. b) Don’t post your recipes on social media or other public forums. c) If you are considering selling your recipes, be sure to consult with an attorney to discuss your options. d) If the recipe is not documented in a digital document, please ensure to keep it in a restricted place (i.e. safe deposit box). Keep Your Recipe Documentation Updated As you continue to refine and improve your recipe, be sure to keep your documentation up to date. This will ensure that you always have an accurate and complete record of your recipe, which can be useful in the event of a legal dispute. By following these tips, you can help protect your food recipes and trade secret from being stolen or plagiarized. So, go ahead and share your culinary creations with the world, knowing that you have taken steps to protect your trade secret.   If you need more advice for protecting your trade secret in Indonesia and other countries, please do not hesitate to contact us at [email protected]. Sources: Nolo.com LegalVision.com

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Ed Sheeran Found Not Liable for Plagiarizing Marvin Gaye

Intellectual Property

A federal jury in New York City found on Thursday that Ed Sheeran did not copy Marvin Gaye’s classic “Let’s Get It On” for his own 2014 hit “Thinking Out Loud.” The verdict came after a two-week trial in which Sheeran and his co-writers testified that they came up with the song independently. The lawsuit was filed by the heirs of Ed Townsend, who co-wrote “Let’s Get It On.” They argued that “Thinking Out Loud” copied the structure, melody, and rhythm of their song. However, the jury found that the similarities between the two songs were not substantial enough to constitute copyright infringement. The verdict is a victory for Sheeran, who has been one of the most successful pop stars in the world in recent years. It is also a setback for the heirs of Townsend, who had hoped to win a large settlement from Sheeran. The case was closely watched by the music industry, as it could have set a precedent for future copyright infringement cases. The verdict suggests that courts will be reluctant to find copyright infringement when there are only superficial similarities between two songs. This is not the first time that Sheeran has been accused of plagiarism. In 2017, he settled a lawsuit with the songwriters of the song “Amazing” by Matt Cardle. The songwriters alleged that Sheeran had copied the melody of their song for his own song “Photograph.” Sheeran has denied all allegations of plagiarism. He has said that he writes his songs from scratch and that he does not intentionally copy other artists’ work. The verdict in the Marvin Gaye case is a relief for Sheeran and his fans. It is also a victory for the music industry, as it sends a message that courts will not be quick to find copyright infringement in cases where there are only superficial similarities between two songs.   If you need further information about copyright recordation in Indonesia and other countries, please do not hesitate to contact us at [email protected]. Source: The Guardian

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Battle of Trademark: Katy Perry v Katie Perry Unfortunately, the singer lost in Australia.

Intellectual Property

In a trademark dispute, having a big name sometimes guarantees a win, but only sometimes. When Katy Perry, the owner of five Billboard Music Awards and a judge on American Idol with 108 million followers on Twitter, held concerts in Australia in 2014 and 2018, she sold a lot of fashion products through retail and social media using the trademark “Katy Perry,” which is owned by her company, Killer Queen, LLC. However, it turned out that there was already a similar trademark in Australia with a similar pronunciation, namely “Katie Perry” (with ie), which had been registered by a designer named Katie Taylor in the fashion category (Nice Class 25) since 2008. In 2009, Katy Perry’s lawyers actually tried to cancel Katie’s trademark and sent a “Cease and Desist Order” letter so she wouldn’t use the trademark again, but this effort was not pursued. After Katy Perry’s 2018 concert, which once again sold fashion products, Katie decided to strike back by reporting “Katy Perry” for ignoring the existence of “Katie Perry,” which has homophonous and had already been officially registered in IP Australia Finally, on Thursday, April 27, 2023, Australian Federal Court Judge Brigitte Markovic ruled that Killer Queen, LLC. had been proven to have infringed on some of Katie Taylor’s trademarks and ordered them to compensate for the damages with a certain amount that will be decided later. In response to this victory, Katie Taylor made a statement on her website, “Not only have I fought [for] myself, but I fought for small businesses in this country, many of them started by women, who can find themselves up against overseas entities who have much more financial power than we do. This victory could not have been achieved if Katie had not registered her trademark first. By registering a trademark, the owner obtains their rights, and the state provides legal protection so that the trademark’s economic rights are not violated. In Indonesia, a trademark can only be protected if an application for registration is filed first, and prior use of the trademark cannot be used as a basis for protection. This is because the ‘First to File’ approach is adopted by Law No. 20 of 2016 concerning Trademarks and Geographical Indications.   If you need further information about trademark registration in Indonesia and other countries, please do not hesitate to contact us at [email protected]. Sources: Reuters.com Nine.com.au WIPO Global Brand Database

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Patent, Trademark, Industrial Design, Copyright: Sorting Out Your Intellectual Property

Patent

Intellectual Property (IP) is a term used to describe a variety of intangible assets or creations of the mind that are given legal protection. The three main objects of Intellectual Property are Patents, Trademarks, and Copyrights. Here’s a brief explanation of each: 1. Patents Patents are legal protections for inventions. A patent gives the owner the exclusive right to make, use, and sell the invention for a certain period of time, typically 20 years from the date of filing the patent application. 2. Trademarks Trademarks are distinctive signs that are used to identify and distinguish the goods or services of one business from those of another. Trademarks can be in the form of words, logos, symbols, or a combination of these, and they are used to build brand recognition and goodwill. In general, a trademark registration provides protection for 10 years. However, trademark protection can be renewed indefinitely as long as the trademark owner continues to use the mark and pays the necessary renewal fees. 3. Industrial Design Industrial Design is a creation of shape, configuration, or composition of lines or colors, or lines and colors, or a combination thereof in a three-dimensional or two-dimensional form which gives an aesthetic impression and can be realized in a three-dimensional or two-dimensional pattern and can be used to produce products, goods, industrial commodities or handicrafts. 4. Copyrights Copyrights protect original works of authorship, such as books, music, art, and software. Copyright gives the owner the exclusive right to reproduce, distribute, and display the work for a certain period of time, typically the life of the creator plus 70 years.   In addition to these three main objects, there are also other forms of Intellectual Property, such as Trade Secrets and Industrial Designs, which provide protection for confidential information and the aesthetic design of products, respectively. Understanding the different categories of Intellectual Property can be crucial for protecting your intangible assets and creations of the mind. Patents provide protection for inventions or discoveries, Trademarks protect distinctive signs that identify and distinguish goods or services, and Copyrights safeguard original works of authorship. By understanding and utilizing these legal protections, individuals and businesses can ensure that their intellectual property is protected and secure. If you need more advice for protecting your IPs in Indonesia and other countries, please do not hesitate to contact us at [email protected]. Sources: Law No. 13 of 2016 on Patents (Patent Law); Law No. 20 of 2016 on Trademarks and Geographical Indications (Trademark Law) Law No. 28 of 2014 on Copyrights (Copyright Law);

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China Dominates Patent Grants, Beating USA & Japan

Patent

Patent grants involve a comprehensive examination and review by the relevant government authority to ensure that the invention satisfies specific legal requirements such as novelty, non-obviousness, and industrial applicability.  The patent office conducts a search to determine if the invention has already been patented or disclosed by others and may request additional information or amendment of the application. The high volume of patent applications can also cause delays in the processing of the application. These measures are in place to ensure that only truly innovative and practical inventions are granted patent protection. That’s why it takes more than a year to be granted. The following chart was created based on Patent application data in 2021 that have been granted as of February 2023, where China dominates with 607,758 patents or about 38% of the total. In addition, China dominates in 29 categories: 1. Computer & Technology 2. Electrical, Machinery, Apparatus, & Energy 3. Digital Communication 4. Measurement 5. Transport 6. Civil Engineering 7. Other Special Machines 8. Audio Visual Technology 9. Machine Tools 10. Chemical Engineering 11. Handling 12. Pharmaceuticals 13. Materials & Metallurgy 14. Control 15. Mechanical Elements 16. Telecommunications 17. Basic Materials Chemistry 18. Biotechnology 19. Organic Fine Chemistry 20. IT Methods for Management 21. Macromolecular Chemistry & Polymers 22. Other Consumer Goods 23. Environmental Technology 24. Thermal Processes & Apparatus 25. Surface Technology Coating 26. Textile & Paper Machines 27. Food Chemistry 28. Analysis of Biological Material 29. Micro Structural & Nano Technology 30.  31. 32.  33.    Meanwhile, the United States only obtained 286,206 patents granted, only 18% or less than half of China’s total. The United States only dominates in the categories of Medical Technology, Engine Pumps & Turbines, Basic Communication Processes, and Other Unknown Inventions. Next, there is Japan with 256,890 patents granted, or about 16% of the composition. Japan leads in the categories of Semiconductors, Optics, as well as Furnitures & Games.     What about Indonesia? Data from WIPO (World Intellectual Property Organization) which can be accessed through www3.wipo.int/ipstats/ shows that Indonesia only had 756 patents granted in 2021. This number is lower than Singapore with 4,034 and Malaysia with 1,583. These Indonesian patents are dominated by inventions originating from state universities, such as Andalas University, Brawijaya University, Gadjah Mada University, Diponegoro University, and Bandung Institute of Technology. If you need further information about patent registration in Indonesia and other countries, please do not hesitate to contact us at [email protected]. Sources: OBIS: omnibisolutions.com WIPO IP Stats

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See you at the upcoming INTA 2023 Annual Meeting in Singapore, May 16-20 | 2023

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AFFA Intellectual Property Rights – Indonesia & Timor Leste are delighted to announce that our team members, Emirsyah Dinar (Managing Partner), Fariz Syah Alam (Partner – Trademark), and Amelia Zafin (Associate – Trademark), will be attending the highly anticipated International Trademark Association (INTA)’s 145th Annual Meeting in Singapore this May.  As a leading global association of trademark owners and professionals, INTA’s annual meeting is a must-attend event for IP practitioners around the world. Our team members’ attendance provides a unique opportunity to network with other professionals in the industry, gain insights into the latest trends and best practices, and showcase our firm’s expertise. We look forward to meeting you during the course of the Annual Meeting.

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Indonesia Remains on the USTR 301 Priority Watch List in 2023

Intellectual Property

As of 2023, Indonesia is still on the Priority Watch List due to the difficulties faced by U.S. right holders in obtaining adequate protection and enforcement of intellectual property (IP), as well as fair market access. According to the report, there is still rampant piracy and counterfeiting, with concerns persisting regarding the enforcement of IP rights. This includes insufficient penalties for infringement and ineffective border enforcement. Stakeholders have raised concerns about Indonesia’s Copyright Law and are pushing for revisions, while online piracy and unlicensed software usage remain problematic. The Directorate General for Customs and Excise, according to the report, has limited effectiveness due to a recordation system with only a few trademarks and copyrights, and foreign right holders face barriers in benefiting from the system. Additionally, there are concerns about Indonesia’s law on geographical indications and patent law, which raise questions about pre-existing trademark rights and patentability criteria, respectively. There is no effective system to protect against the unfair commercial use of undisclosed test or other data for marketing approval for pharmaceutical and agricultural chemical products. Market access barriers in Indonesia are also a concern, including regulations that limit foreign participation in the film sector. Although there has been some progress in addressing these issues, significant challenges remain. In 2022, Indonesia expanded its IP Enforcement Task Force to improve coordination on enforcement, but the United States encourages Indonesia to use the task force to enhance cooperation among relevant agencies and to pursue larger cases against criminal organizations involved in counterfeiting and piracy. Recently, Indonesia revoked the Omnibus Law on Job Creation, which had removed requirements for patents to be worked in Indonesia, and replaced it with new regulation. However, the United States, through the report, encourages Indonesia to undertake a more comprehensive amendment to the 2016 Patent Law and other legislation, and to provide affected stakeholders with meaningful input opportunities. Nevertheless, from the Indonesian perspective, we ought to see more changes and improvements, albeit at times they are incremental. Strong and robust laws and regulations will reassure the right holders, regardless of their nationalities, to invest more (as well as protecting their IP) in Indonesia. Source: https://ustr.gov/sites/default/files/2023-04/2023%20Special%20301%20Report.pdf 

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在印度尼西亚申请商标的要求

Intellectual Property

AFFA可以协助我们的中国客户在印度尼西亚保护他们的商标。以下是要求： · 授权书（简单签署 – 不需要公证/认证）»附加 · 商标所有人声明（简单签署 – 不需要公证/认证）»附加 · 商标样本（最好是Jpeg格式） · 如果申请提出优先权，则需要优先权文件的认证副本及其英文翻译 商品和服务 请注意，申请人应参考马德里商品和服务经理，以了解可接受的商品和服务。非标准项目将无法包含在申请表中。 证书 最近提交的申请将以电子格式发放证书。 请注意，从提交到商标证书发放可能需要大约12-14个月。阶段如下： 提交 形式审查（15天） 发布（2个月） 审查 注册号发放 商标证书发放 请联系 [email protected]; [email protected] 获取进一步协助。微信 AFFAIPR.

Highest-IP-Filings

Indonesia Listed as One of the Countries with the Highest IP Filings in the World

Event, Intellectual Property

Indonesia has made its way to be recognised among the top 10 countries in the world with the most Trademark filings. According to WIPO’s report in 2022, Indonesia recorded 127,142 Trademark filings – the number is higher than Vietnam (113,079), Argentina (85,844), the Philippines (64,946), and South Africa (39,863). This accomplishment is also complemented with a statistic which shows Indonesia as one of the countries with the highest number of Simple Patent filing with a total number of 3,249 applications. However, this number is significantly lower than China (2,852,219), Germany (10,576), Japan  (5,238), and just below Thailand by a slight margin (3,762). This achievement is made possible by the continuous digital improvement strategized and implemented by the Directorate General of Intellectual Property of the Republic of Indonesia (DGIP).  The DGIP also has other notable improvements that are worth mentioning, such as the automatic Trademark renewal certificate issuance, automatic Copyright recordation certificate issuance, automatic license notification issuance, and automatic Trademark registration excerpt issuance. These improvements are hoped to be in full operation from 2023 and we certainly hope these improvements will be extended to other important features of IP filings in Indonesia. For more information about how you can protect your IP in Indonesia, please contact us at [email protected].