The Indonesian Intellectual Property Office will remain closed until May 29, 2020 due to the spread of the Coronavirus which has not been fully contained. As previously predicted by top health officials in the country, we are expecting to see the peak of the spread by the end of May or June. Therefore, it is very likely that the closure of the Indonesian Intellectual Property Office will be extended. Nevertheless, all online-based services are working and the closure only affects the services that are normally done face to face. If you have any questions, please do not hesitate to contact us at [email protected].
Remembering Achmad Fatchy, the founder of AFFA Intellectual Property Rights
Dear friends and colleagues, It is with great sadness that AFFA Intellectual Property Rights announces the passing of Achmad Fatchy, our founder, leader, father, after a brief illness, on Tuesday, April 7, 2020, at the age of 55 years. Pak Fatchy – as we called him – will be lovingly remembered by his team at the firm as well as by his families, colleagues, clients, and by his close friends in the IP world. Mr. Fatchy established AFFA Intellectual Property Rights in 1999 and he has then successfully developed the firm to its current state. In the last 21 years of his sacrifices for the firm, AFFA Intellectual Property Rights has experienced tremendous growth under his leadership. His calm yet professional demeanor, impeccable business acumen, as well as his kindness to everyone he met will be missed forever. He has left us with a legacy to carry on, and we will make sure to keep providing you, our valued friends and clients, with the best IP services because he would have not wanted it any other way. Rest in peace, Pak Fatchy, We will miss you, always.
Trade Secret Scope of Protection in Indonesia
The protection of Trade Secrets in Indonesia is regulated under Law No. 30 Year 2000 on Trade Secret (“Trade Secret Law”). By definition, a Trade Secret is information that is unknown to the public in the field of technology and/or business. The information should also posses economic value due to its use in trade, and the secrecy should be kept by the owner. According to Article 2 of the Trade Secret Law, the following points qualify to be considered as Trade Secrets: Production method Processing method Sales method Other information in the field of technology or business Have economic value Unknown to public Should you require further information on how to protect your trade secret in Indonesia, please do not hesitate to contact us at [email protected].
Renewal of Patent Implementation Postponement Request in Indonesia
Since the enactment of the Ministry of Law and Human Rights of the Republic of Indonesia Regulation No. 15 Year 2018 on the Postponement of Patent Implementation by the Patent Holder, we estimated that thousands of patent holders may have lodged in the requests to postpone the implementation of their patent registrations in Indonesia. This is seen as an important action given the limitation that exists in Article 20 of the Patent Law which states that a registered patent product/process has to be used/implemented in Indonesia. The Ministry of Law and Human Rights of the Republic of Indonesia Regulation No. 15 Year 2018 on the Postponement of Patent Implementation by the Patent Holder allows the postponement of 5 years from the registration date and it can be renewed for another 5 years as long as the patent holder provides strong reasons as to why another postponement is required. Once the request to postpone the implementation has been granted by the Indonesian Patent Office, the Patent Office will issue a notification that states the timeline of the postponement (5 years) and the deadline to renew the postponement, if necessary. Should you require any assistance with patent protection in Indonesia, please do not hesitate to email us at [email protected]; [email protected]; [email protected].
Trademark Filing Requirements in Indonesia
Dear friends and colleagues, If you are a non-Indonesian individual/company, by law you can either file a Trademark in Indonesia through the Madrid Protocol (if your country is a member of the Madrid Protocol) or you can file nationally by appointing a registered IP agent/attorney in Indonesia. Should you choose the latter, you will then need to prepare the following Trademark Filing Requirements in Indonesia as under: A simply signed Power of Attorney (no legalization/notarization required);* A simply signed Statement of Mark Ownership (no legalization/notarization required);* The name of the applicant; The address of the applicant; Logo/wordmark/non-traditional Mark to be filed; and The list of the goods/services to be filed based on https://webaccess.wipo.int/mgs/. Mind you that the goods/services that are not listed on https://webaccess.wipo.int/mgs/ may not be able to be filed in Indonesia. Should you require further assistance, please contact us at [email protected];[email protected];[email protected]. Thank you. *Notes: AFFA will provide you with the draft documents to be signed.
See You at the INTA Annual Meeting 2020 in Singapore!
Dear friends and colleagues, It is the time of the year when we may have just signed up for the INTA Annual Meeting, looking for the hotels near the venue, checking out the flights, and most importantly sending some meeting invitations. The INTA Annual Meeting has proven to be an excellent occasion to meet up with friends and colleagues, as well as networking with new acquaintances to see how our firms can mutually benefit each other. This year’s INTA Annual Meeting will take place in Singapore and you can find out more about the event at https://www.inta.org/Pages/2020-Annual-Meeting-Singapore.aspx. We will be very interested to meet you to discuss how we can help you and your clients when it comes to IP protection in Indonesia, Timor Leste, and the Pacific Islands. Please send us an email at [email protected] to arrange a meeting at the time and place of your convenience. Thank you and we will see you in Singapore!
Meet Us @ the World IP Forum in Taipei!
Dear friends and colleagues, We are glad to announce that we will attend the upcoming World IP Forum in Taipei from September 6 to September 8, 2019. The event will serve as a great opportunity for fellow IP professionals to learn about the latest trends in IP as well as a great chance to meet up with our colleagues whom we have worked for so many years or simply to meet up with new colleagues from all around the world. This is also a great pre-APAA event that everyone should take a part in. You can find out more about the event at https://www.worldipforum.com/ and we believe the seats are running out fast! It is best if you sign up as soon as possible. Please note that the event will be held at the Grand Hyatt Taipei, which is only 5 minutes walk from the iconic Taipei 101 Tower. We are interested to meet up with you! Please contact us at [email protected] should you wish to discuss how our firms can collaborate further.
Follow @AFFAIPR on Instagram!
Dear valued clients, associates, and colleagues, We have set up an Instagram account (@AFFAIPR) for you to follow. You will expect us to post regularly about the development of Intellectual Property matters in Indonesia, Timor Leste, and Papua New Guinea. However, the consultations will still be delivered via email, phone call, or face to face meeting. If you have any feedback on how to make the page more interesting, please feel free to flick us an email at [email protected].
MYANMAR: TRADEMARK AND INDUSTRIAL DESIGN LAWS HAVE BEEN ENACTED
After years of waiting, we are pleased to update you that Myanmar new Trade Marks Law and Industrial Design Law have been enacted on 30th January, 2019. In Trademark Law, there are many significant provisions differed from current practice for the applicant and needs to note the changes since Trade Marks Law is adopting “first-to-file” system instead of “first-to-use” which is currently practicing in trademark registration and all registered trademarks are required to be reregistered in accordance with the new Trade Marks Law to obtain the right given under the new Law. Following provisions are some highlights of Trade Marks Law for your quick reference: Applicant can claim the priority right and exhibition priority right together with sufficient document and description. If applied mark has been registered at the Office of the Registrar of Deeds, aforesaid registered document is required to be attached. Earliest applicant, who submits the application conformed to specifications, shall have the right to register the Mark if there is dispute to register for same or similar trademarks in different days by more than one person. A person can, who wishes to object regarding the application for the registration of mark, submit the opposition to the Registrar by paying specified fee for any reason mentioned in respective sections within 60 days from the date of announcement. Term of registered Mark shall be (10) years and renewal can be made for 10 years in each time after the expiration of first registration period. Mark owner shall apply to renew the term of registration by paying specified fee within (6) months before expiration date of registration period. Proprietor can apply the case at Intellectual Property Court to make the order of temporary action in accordance with relevant provisions of this Law by means of civil suit for his damage. Proprietor can apply to the Intellectual Property Court to take either criminal or civil action. The owner of the Mark which has been registered at the Office of the Registrar of Deeds in accordance with the Registration Act before enforcement of the Trade Marks Law (OR) the owner who is actually using the Mark in local market shall submit the application for the registration of the mark in accordance with this law if he wants for the right of registered mark. Notwithstanding anything contained in other existing law, Trademark registration shall be carried out in accordance with Trade Marks Law. Further, although Trademark Law is enacted, according to the provision, the law shall come into force commencing from the day, by notification, issued by the President of the Union. Therefore, the Law is unimplementable at the moment and for the time being applicant can file the Trademark application at the Office of the Registrar of Deeds by submitting the “Declaration of Ownership of Trademark” together with required documents requested by the Office of the Registrar of Deeds and in accordance with the Deeds of Registration Law. Should you have any question regarding Trademark and Industrial Design in Myanmar, please contact us at [email protected].
