在翻译中迷失-在印度尼西亚提交专利翻译文件的终极指导-affa

在翻译中迷失 – 在印度尼西亚提交专利翻译文件的终极指导

Intellectual Property

在翻译中迷失 – 在印度尼西亚提交专利翻译文件的终极指导  由于印度尼西亚在近几年成为热门专利申请地，越来越多的国际申请者通过他们所在国或PCT途径提交优先权申请，以向印度尼西亚提交专利申请。  然而，专利描述、权利要求、图纸、摘要可能需要以非印度尼西亚语进行提交，然后翻译为印度尼西亚语（印尼语）。   向专利局提交印度尼西亚语译文的法律依据 在全球其他司法管辖地，专利描述、权利要求、图纸、摘要可以提交英语文本，然而根据《2016年第34条13号专利法》，专利描述需要在专利申请日之后30个工作日内翻译成印度尼西亚语。   《法律与人权部2018年第38号专利条例》亦加强了专利法的要求。   从积极的层面看，审查人员必须获得上述材料的印度尼西亚语译文，以便更快，更有效地审查申请。   逾期提交译文的后果 如果申请者无法在规定的时间内提交译文，专利局将会视为申请已撤回。   印度尼西亚的典型译文问题 根据我们的经验，审查人员有时会对专利描述、权利要求、图纸、摘要中使用的若干技术词汇持异议。 这种情况很常见，申请者可以遵循这些词汇的使用方法或提出异议，前提是其理由有科学上的依据。   此外，在印度尼西亚，有一些情况属于译文不良（例如：低劣的机器译文）。 建议聘用有能力的资深专利翻译人员，使用CAT（电脑辅助翻译）工具进行翻译。 由于专利申请和译文的复杂性和重要性，许多申请者向有经验的印度尼西亚专利律师需求专业性的帮助。 这些专业人士可以在整个申请流程中（包括翻译）向您提供指导，以确保遵循本地法规。   成本考量 翻译服务会产生成本，当您准备在印度尼西亚申请专利时，对此项费用进行预算非常重要。 在译文的质量和准确性上进行投资是值得的，由此有效保护您的知识产权。   提交专利说明书、权利要求、图纸的印度尼西亚语译文是一项细致的工作，需要注意细节和遵守法律要求。 这是在印度尼西亚市场保护您的知识产权，确保您的专利申请完整有效的关键步骤。   如果您对在印度尼西亚提交专利有任何疑问，请通过向[email protected]发送邮件联系我们。

Lost-in-Translation-The-Ultimate-Guide-to-Submit-Patent-Translation-Documents-in-Indonesia-affa

Lost in Translation – The Ultimate Guide to Submit Patent Translation Documents in Indonesia

Intellectual Property

Lost in Translation – The Ultimate Guide to Submit Patent Translation Documents in Indonesia As Indonesia has become a more popular Patent filing destination in recent years, more and more international applicants have filed Patent applications in the country by relying on their Priority Applications at their country of origin or using the PCT method. However, the Patent description, claims, figures, and abstract are likely submitted in other languages first before being translated into the Indonesian language (Bahasa Indonesia).   Legal Basis of Submitting the Indonesian Translation before the Patent Office Unlike in other jurisdictions in the world where Patent descriptions, claims, figures, and abstracts can be filed in English, Article 34 of the Law No. 13 Year 2016 on Patents requires the description to be translated into the Indonesian language no later than 30 working days from the Filing Date of the Patent application.    The Regulation of the Ministry of Law and Human Rights No. 38 Year 2018 on Patent Applications also reinforces the requirement stipulated by the Patent Law.   On the practical side of view, the examiners must receive the Indonesian translation of the aforementioned documents so that they can efficiently examine the applications in a timely manner.    Consequence of Late Submission of the Translation In the event the Applicant fails to submit the translation within the prescribed time limit, then the Patent application will be deemed as withdrawn.   Typical Translation Issues in Indonesia Based on our experience, there have been some cases where the examiners disagree on certain technical terms used in the description, claims, figures, and abstract. This is quite common and usually, the applicant has the option either to conform or challenge the use of such term, provided the argument can be backed up scientifically as well. Furthermore, there have been cases in Indonesia where the translation is not done properly (i.e. poor machine translation). It is best to always use experienced Patent translators with the capabilities to use CAT (Computer Assisted Translation) tools. Given the complexity and importance of Patent applications and translations, many applicants seek professional assistance from experienced Patent Attorneys in Indonesia. These professionals can guide you through the entire process, including translation, to ensure compliance with local regulations.   Cost Considerations Translation services can incur costs, so budgeting for this expense is essential when preparing your patent application in Indonesia. The quality and accuracy of the translation are worth the investment to protect your Intellectual Property effectively.   Submitting Indonesian patent translation specifications, claims, and figures is a meticulous process that requires attention to detail and adherence to legal requirements. It’s a critical step in protecting your intellectual property in the Indonesian market and ensuring your patent application is complete and valid.   Should you have any questions about submitting Patent in Indonesia, please do not hesitate to contact us at [email protected].

形容词能否注册为商标？affa

形容词能否注册为商标？

Intellectual Property

形容词能否注册为商标？ 为了独树一帜并拥有高卖点，有时企业主希望添加形容词为商品或服务打上品牌。因此， “美丽的裙子”、“热咖啡”、“吃得美味”、“楼梯下”、“天空屋顶”、“独立成功”或“永恒的荣耀”等作为企业名称如此常见。但这些名称可注册为商标吗？ 根据《印尼语大词典》（KBBI），形容词是描述名词的词，一般用 “更”和 “非常”等连词连接。除上述词语外，形容词的其他例子包括甜-咸、少-多、老-少、富-穷、大-小、悲-喜、近-远等等。 若参考2016年第20条法律《商标和地理标志法》以及由2023年第6条法律关于将2022年第2号《创业法》修改为政府规定的法律》进一步修改的法律，这些法律没有明确规定禁止在商标中使用形容词，只要形容词能够以图形方式显示并与之前注册商标有区别。然而，还需查看该形容词的使用是否唯一，或仅仅是第二个相关词。若是如此，这将违反《商标法》第二十条至第二十一条关于商标不可注册（绝对驳回理由）和驳回（相对驳回理由）的规定，具体如下：   绝对拒绝注册的理由（商标法第20条） 若以下情况之一成立，商标将无法注册或不符合商标资格： a. 违背国家意识形态、法律法规、道德、宗教、礼仪或公共秩序。例子：带有种族攻击性或粗俗的品牌，如 “烧死马卡萨”。 b. 与申请注册的商品和/或服务相似、相关或仅提及申请注册的商品和/或服务。例子：“黑巧克力” 不可注册，因为它只描述巧克力的质量或类型。知识产权总局关于仅与商品种类有关的词语，或仅与商品有关的一个词语（在本案中为 “巧克力” 的规定仍然必须为公众所使用。 c. 包含可能在申请注册的商品和/或服务的原产地、质量、类型、大小、品种、用途等方面误导公众的内容，或者是类似商品和/或服务的受保护植物品种的名称。例子：“巴布亚肉串”由加鲁特羊制成，非巴布亚人制作，使用马都拉斯食谱，在万丹地区出售。 d. 包含与所生产的商品和/或服务的质量、效益或功效不符的信息。例子：“美味鹅卵石” e. 缺乏区分力例子：缺乏独特性或过于简单的品牌，如“鸡肉粥”。 f. 是公共财产的公共名称和/或标志。例子：禁止使用“P Coret” (禁止停车)标志，因为此标志表示公共使用的禁止停车，禁止使用“餐厅”一词指餐馆，“咖啡店” 用于咖啡馆，而“骷髅符号”则用于危险标志。 g. 包含功能性的形式。例子：餐厅使用的“勺-叉”标志。   驳回的理由（《商标法》第21条） 在商标视为合格后，将进入下一个分拣过程，并符合以下标准： 1. 与其他方拥有或其他方为类似商品和/或服务预申请的注册商标在原则上或整体上有相似之处。 2. 与其他方拥有或其他方为类似商品和/或服务预申请的注册商标在原则上或整体上有完全相似之处。 3. 与其他方拥有的类似商品和/或服务的驰名商标在原则上或整体上有相似之处。 4. 与已注册的地理标志在原则上或整体上有相似之处。 5. 代表或类似名人的姓名或缩写、照片或他人拥有的法律实体的名称，除非获得合法所有者的书面同意。 6. 代表或类似于一个国家、国家或国际机构的名称、旗帜、徽章或标志或徽章的名称或缩写，但经主管当局书面同意的情况除外。 7. 代表或类似于国家或政府机构使用的官方标志或印章，除非获得授权方的书面同意。 8. 若申请人存有恶意提交申请，该申请将被拒绝。   若您的商标与另一方的注册商标实质上或完全相似，要查明您的商标是否可以逃脱相对拒绝理由，必须进行“追踪”只有通过这一过程，您才能看到真实的可比性，并深入了解您的商标被知识产权总局（DJKI）接受的可能性。   包含形容词并已在DJKI注册的商标示例如下： 第 30 类中的 “Makmur”（繁荣），自 2009 年起列名。 第 41 类中的 “Kisah Bawah Tanah”（地下故事），自 2019 年起注册 第 5类中的“Madu Enak”（美味蜂蜜），自 2019 年起注册。 第 25 类中的 “Atas Bawah”（自上而下），自 2022 年起注册。 第 17 类中的 “Cantik”（美丽），自 2022 年起注册。   如果在追溯过程中，发现其在原则上或整体上与其他方拥有的类似商品和/或服务的注册商标相似，建议进行语音开发。例子： –   将形容词“Makmur”（繁荣）改为“Makmoor”或“Makmore”。 –   将形容词“Enak”（美味）改为“Enyaak”或“En@@k”。   如需进一步咨询有关商标注册和命名以避免驳回的问题，请随时通过 [email protected] 与我们联系。 来源： –   印度尼西亚共和国法 2016年第20号商标和地理标志法 –   2023年第6条法律关于将2022年第2号《创业法》修改为政府规定的法律》 –   DJKI的知识产权讲座： 商标注册对企业的重要性

COSPLAY-and-Intellectual-Property-Navigating-the-Legal-Landscape-affa-global

COSPLAY and Intellectual Property: Navigating the Legal Landscape

Intellectual Property

COSPLAY and Intellectual Property: Navigating the Legal Landscape Cosplay has become popular again as a form of pop culture activity since the COVID-19 pandemic restrictions ended. Malls in all corners compete to host various events featuring Cosplayers to increase visitors. But not many people know that Cosplay is an activity on the “edge of the cliff” when viewed from an Intellectual Property (IP) perspective. How come?   Definition of Cosplay Taken from the words “Costume & Play,” Cosplay is the activity of playing using character costumes, whether from films, TV series, video games, comics, or characters from other popular culture. People who carry out Cosplay activities are called Cosplayers. We can easily find them at pop culture-based events, such as “Comic Conventions,” dominated by IP from America, or “Anime Conventions,” dominated by IP from Japan.   Cosplayers proudly wore their favorite character costumes at these events, socialized with fellow fans, or participated in competitions. Yes, Cosplay is also regularly contested with quite big prizes. This is one of the factors why the number of Cosplayers continues to increase. Because Cosplay has become a place to earn money, increase popularity, and expand friendships. The rise of Cosplay activities has also given rise to various derivative professions. Starting from Costume Makers with their respective specifications, whether for costumes made from cloth, foam, resin, or leather. Then, the Prop Makers make costume-supporting equipment such as armor, swords, or other weapons. Also, trained Performers with acrobatic or martial arts skills are specifically hired to play certain characters. Then we have Cosplay Judges who are staffed by “seniors” with high-flying hours and have won many competitions at home and abroad. Unfortunately, all of these professions receive payment for using characters without the permission of the creator or owner of the character. This factor causes Cosplay to become an activity on the edge of Intellectual Property violations.   Every Popular Character is Copyrighted Every character, realized in various media, whether considered popular or only known to a few people, is included in the “Creation.” According to Article 1 of the Copyright Law, this Creation is a creative work in science, art, and literature produced based on inspiration, ability, thought, imagination, talent, skill, or expertise expressed in concrete form.   The Creator is given exclusive Economic Rights, so only the Creator has the right to obtain financial benefits, including commercial use of his Creation. It is also important to remember that the Exclusive Right to Copyright arises automatically based on the Declarative Principle after a work is realized in actual form, without the need to go through a registration process as with Trademarks, Patents, or other Intellectual Property.   In other words, if another party wants to use or utilize a Creation commercially, they must first obtain permission from the Creator, as regulated in Article 9, Paragraphs 2 and 3 of the Copyright Law.   Sanctions for Violations Unfortunately, the various professions derived from the Cosplay activities above can specifically be categorized as forms of Copyright Infringement. For Costume and Prop Makers violating Article 9 Paragraph 1 letters (b) and (d) regarding the Duplication of Works in all their forms, as well as Adaptation and Transformation of Works; Meanwhile, Event Organizers who invite costumed Performers or Cosplay Judges may be deemed to have violated Article 9 Paragraph 1 letter (f) regarding Creation Performances. Criminal sanctions regulated in Article 113 of the Copyright Law as follows: Costume & Prop Maker: Prison max. 4 years and/or fine max. one billion rupiah. Cosplay Event Organization: Prison max. 3 years and/or fine max. 500 million rupiah.   The sanctions given to costume makers could be more severe if they deliberately sell themselves as sellers of costumes made from characters with registered Trademarks and/or parts of their costumes take designs from products with registered Industrial Designs. So he could be subject to sanctions from the Trademark and Industrial Design Law simultaneously!   Copyright Restrictions But fellow Cosplayers or all related derivative workers don’t need to worry because there are restrictions or exceptions for actions that are still not considered Copyright Violations. Namely, if the duplication and/or performance is free of charge, provided that it does not harm the reasonable interests of the Creator.   In other words, if the Cosplay activity is designed as a paid show where the audience must buy tickets, or Brand X pays a Cosplayer complete with the costume to promote a product from Brand X, then it is inevitable that there has been a Copyright Violation.   However, because the criminal provisions on Intellectual Property are a complaint offense, there must be a direct objection from the Creator to all activities carried out by the Cosplayer and any derivative work thereof. What can happen is, even in a free Cosplay show or free costume making, if the Creator finds out, objects, and does not give permission for whatever reason, a lawsuit can still be filed.   Cosplay Practice in the USA and Japan Even though it is considered a fun activity without limits and upholding freedom of expression, Cosplay still has to comply with several pretty strict rules. For example, if done privately, Cosplayers must abide by the norms of decency; neither their costumes nor their behavior must disturb public order. In this personal activity, Japan has stricter rules than America. In Japan, it is impossible to find people busking in character costumes in the middle of the street. Apart from disturbing public order, it could be considered to damage the image of the character he presents.   Street Performers In America, Cosplayers are categorized as Street Performers. They are free to express themselves even if there is no event, but the area is minimal if they take to the streets or public spaces for activities. A famous example of this restriction is the streets painted Light Blue around New York’s Times Square. If they act outside that area, they can be immediately arrested by the police. Indonesia also has regional regulations that prohibit busking or…

Adjectives-on-the-Trademark-Frontier-Whats-Allowed-in-Indonesia-affa

Adjectives on the Trademark Frontier What’s Allowed in Indonesia?

Intellectual Property

Adjectives on the Trademark Frontier What’s Allowed in Indonesia? To be unique and have high selling value, sometimes business owners want to add adjectives to the trademark of their goods or services. That’s why we often see names like “Beautiful Dress,” “Hot Coffee,” “Delicious Foods,” “Under Table,” “Above Sky,” “Self Success,” or “Eternal Win” as business names. But can these names be registered as trademarks?   According to the Indonesian Dictionary (KBBI), adjectives are words that can describe nouns, which can generally be combined with the words “more” and “very.” Apart from the words mentioned above, other examples of adjectives are sweet-salty, little-a lot, young-old, rich-poor, big-small, sad-happy, far-close, and many more.   If we refer to Law (UU) Number 20 of 2016 concerning Marks and Geographical Indications which was subsequently amended by Law Number 6 of 2023 concerning the Determination of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law,   Suppose we refer to Law Number 20 of 2016 concerning Marks and Geographical Indications which was subsequently amended by Law Number 6 of 2023 concerning the Determination of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law. In that case, no special provisions prohibit the use of adjectives in a trademark as long as they can be displayed graphically and have distinguishing power from previously registered trademarks. However, it is also necessary to see whether this adjective is the only word used or only the second related word. If this is true, it will conflict with Articles 20 to 21 of the Trademark Law, which make the mark unable to be registered (Absolute Grounds for Refusal) and rejected (Relative Grounds for Refusal), as follows:   Absolute Grounds for Refusal (Article 20 of the Trademark Law) A trademark cannot be registered or is not eligible to be a trademark if: a. Contrary to state ideology, laws and regulations, morality, religion, decency, or public order. Example: Trademarks that offend ethnicity, religion, ancestry, and group of people or are vulgar, such as “Burn Java.”   b. Relates to, or only mentions, the goods and/or services for which registration is requested. Example: “Dark Chocolate” cannot be registered because it only describes the quality or type of chocolate. The Indonesian Trademark Office (DGIP) rules regarding words that only relate to the kind of item or the thing in one word; in this case, “Chocolate” can not be registered and must still be used by the public.   c. Contains elements that can mislead the public about the origin, quality, type, size, type, intended use of goods and/or services for which registration is requested or is the name of a protected plant variety for similar goods and/or services. Example: “Papuan Satay” but not made by Papuans, using a Madurese recipe with Garut Lamb, and sold in the Banten region.   d. Contains information inconsistent with the quality, benefits, or efficacy of the goods and/or services produced. Example: “Tasty Pebbles.”   e. It has no distinguishing power. Example: Brands with nothing unique or too simple, such as “Chicken Porridge.”   f. Common name and/or symbol of public property. Example: The “P Strikethrough” logo means No Parking.   g. Contains functional image forms. Example: “Fork & Spoon” logo for a restaurant.   Relative Grounds for Refusal (Article 21 of the Trademark Law) Once your Trademark is deemed worthy, they will proceed to the following sorting process, with the following criteria: Having similarities in principle or its entirety with a registered Trademark belonging to another party or previously applied for by another party for similar goods and/or services. Has similarities in essence or its entirety with a well-known Trademark belonging to another party for similar goods and/or services. Having similarities in principle or its entirety with a well-known mark belonging to another party for dissimilar goods and/or services that meet specific requirements. Has similarities in essence or its entirety with registered Geographical Indications. Represents or resembles the name or abbreviation of the name of a famous person, photo, or a legal entity owned by another person, unless with written approval from the person entitled to it. An imitation or resembles the name or abbreviation of a country or national and international institution’s name, flag, symbol, or emblem, unless with written approval from the authorized party. Imitation or resembles an official mark, stamp, or seal used by a state or government institution unless with written approval from the authorized party. The application is only accepted if it is submitted by an applicant with good intentions.   To determine whether your Mark can pass the Basis of Relative Rejection, where it is substantially or entirely similar to a registered Trademark belonging to another party, you must conduct a “search” process. Only by carrying out this process can you see real comparisons and gain insight into how likely your Brand will be accepted by the Indonesian Trademark Office: Directorate General Intellectual Property (DGIP).   Some examples of Trademarks that contain adjectives and have been registered with DGIP are: “BEAUTIFUL” registered in class 9, since 2003 “HAPPY” registered in class 35, since 2003 “BIG” registered in class 19, since 2013 “HOT&COOL” registered in class 21, since 2015 “RICH” registered in class 11, since 2015   Suppose during the search process you find similarities in essence or their entirety with a registered Trademark belonging to another party for similar goods and/or services. In that case, you can carry out phonetic development as one of the tips. Example: Replacing the adjective “Beautiful” to “Beuteeful” or “Beautivul”. Replacing the adjective “Delicious” to “Delizzious” or “Delicyus”.   Should you require further consultation regarding Trademark registration and its naming to avoid rejection, please contact us at [email protected]. Sources: Law Number 20 of 2016 concerning Trademarks and Geographical Indications Law Number 6 of 2023 concerning the Determination of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law IP Talks DGIP: The Importance of Trademark Registration for Business  

Media-Missteps-5-Intellectual-Property-Blunders-to-Avoid-affa-global

Media Missteps: 5 Intellectual Property Blunders to Avoid

Intellectual Property

Media Missteps: 5 Intellectual Property Blunders to Avoid The government’s efforts to remove Indonesia from the US investment blocklist published by the United States Trade Representative (USTR) through the 2023 Priority Watch List (PWL) are heavy. Apart from improving regulations and law enforcement efforts, education regarding the importance of Intellectual Property must continue to be carried out on a massive scale.   Unfortunately, the big media, which should take that role, often become part of the piracy. Finally, the media is the party that must be educated earlier so that this education can resonate more with society.   The following are five major media sins that we often encounter in their reporting: 1.    Using the Word “Patent” for Every Intellectual Property Regime Because the Indonesian Dictionary (KBBI) still describes Patent as “a right given by the government to someone for an invention for their use and to protect it from imitation (piracy),” this word is still often used as a substitute for Intellectual Property. Patents are only one of the various types of intellectual property; that means the description from the KBBI is different from what is stated in Law No. 14 of 2001 concerning Patents. This misconception has resulted in the narrative of “patenting a trademark” or “patenting various food recipes,” which we commonly hear in large or small media coverage. Previously, we published a short article regarding the differences between Patents and other Intellectual Property here: Patented Trademark? Registering Copyright? What Are The Correct Terms?   2.    Reporting Piracy, but Showing the Source Several media already have good intentions in warning the public not to access materials such as films or music that we should only be able to enjoy in cinemas or official streaming channels through illegal sites. However, in its reporting, the media displayed a screenshot containing the address of the illicit site. This is a blunder because it lures more of the public into accessing it. Such coverage can also be considered as dissemination of illegal material and can be subject to criminal sanctions as regulated in Article 113 of the Copyright Law. Therefore, keep good intentions from ending up causing problems.   3.    Unauthorized Use of Material Dozens of years ago, when YouTube became increasingly popular and became a source of information with attractive visuals, TV media competed to use it as material for new programs, which they thought were unique for their loyal viewers: People live in remote areas and still have difficulty accessing the internet. The media’s opinion then was, “Everything on the internet means the public can access it so that it can be used commercially for free.” This contradicts Article 8 of the Copyright Law, which states that only the creator or, in this case, the creator/ photographer/ original video maker has the right to Economic Rights over his creation. In other words, if the media wants to make a TV program based on these works, let alone get advertising from their broadcast, they must obtain permission from the creator. Even platforms like YouTube are subject to Copyright Laws. The Terms of Service state that any violations can be followed up with applicable legal processes. Assuming that each work can still be used freely under “fair use” will not apply if the creator objects. Currently, although the media is more aware of copyright issues by including the address of the original material, this is only a justification for publishing it with permission. So, to avoid lawsuits in the future, please make sure to first ask permission from the owner of the material you want to use as coverage/program material.   4.    Overclaim on YouTube When mainstream media began to use YouTube as an additional source of income, they also uploaded all their programs and coverage on that streaming channel so that viewers could watch the material anytime, anywhere. Based on legality and high viewership, YouTube also indirectly gives confidence that every material uploaded by them is considered to have “strong copyright protections.” This becomes dangerous when the media uploads material that does not belong to them. For example, when making a report or interviewing a content creator. To make the visuals attractive, the media will display a few minutes of video insert made by the creator. The creator had long published the video on YouTube. Still, after the media uploaded its coverage program containing part of the video, the creator’s video was deemed to have violated copyright. This has happened several times and has gone viral on social media. Luckily, cases like this do not result in criminal charges because they can be resolved by turning off copyright protection on videos uploaded by the media.   5.    Glorification of Intellectual Property Violations This last sin can be said to be the one we encounter most often, which indirectly maintains violation activities to continue to occur in Indonesia. In the name of “Good News,” media reports often feature success stories from Small and Medium Enterprises (SMEs) in rural areas. However, the problem is the business activities carried out by these SMEs violate Intellectual Property. For example, making handicraft products, fabrics, or clothing that utilize popular characters from abroad without permission. The media proudly described their huge income as an “inspirational success story.” For those of us who understand this condition, it will undoubtedly be uncomfortable because the media reporters who cover these activities should be able to spearhead efforts to educate the public regarding Intellectual Property awareness. Please don’t use other people’s protected characters again when their production numbers are already high. It’s time to produce original characters, which are not impossible to provide added value for SMEs. By ignoring it, the media endangers these SMEs by positioning them as open shooting targets for the actual IP owners. With the news of the enormous income generated, the original owner will file a lawsuit at the highest level, and whose fault is that?   That’s all the five significant media sins we see frequently today. Hopefully,…

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Building ASEAN Competence in the World Through Geographical Indications

Intellectual Property

Building ASEAN Competence in the World Through Geographical Indications Geographical indications (GIs) are vital in identifying products from specific regions known for their unique quality and characteristics. These indications are increasingly crucial to consumers who seek authenticity and quality in their purchases.    GIs apply to various sectors, including industry, agriculture, and handicrafts, promoting diversity within these domains. GIs guarantee product quality for consumers, offering protection against misleading origin descriptions. Furthermore, they foster trade on national, regional, and international scales, support rural development by creating jobs and higher incomes, and promote regions as tourism destinations. GIs also significantly preserve traditional knowledge and local biodiversity, often rooted in community-driven, traditional processes. Since the inception of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) in 1994, GI protection systems have expanded globally, notably in Asia. The Association of Southeast Asian Nations (ASEAN) countries have actively embraced GI identification and registration as a strategic tool for domestic and international market presence. As of January 2019, ASEAN countries have registered an impressive 346 GIs. This includes 37 foreign GIs, illustrating ASEAN nations’ remarkable interest in GI protection.   Thailand, Malaysia, & Indonesia Lead the Awareness These registrations vary among countries. Thailand leads with 115, followed by Malaysia at 84, Indonesia at 74, Vietnam at 69, Cambodia at 3, and Lao PDR at 1. Eight GIs have been registered in the European Union market, such as Kampot Pepper from Cambodia and Nuoc Nam Phu Quoc from Vietnam. The EU-Singapore Free Trade Agreement is poised to introduce EU GIs to Singapore, further underscoring the global significance of GIs in trade and commerce.     As with other Intellectual Property Rights, there is no common legal framework for protecting GIs at the ASEAN regional level. Each country has its own GI legal framework. Due to their relationship with the EU, most ASEAN member states (8 out of 10) have followed the sui-generis approach for protecting GIs, where the application includes a “book of specifications” or “description document” comprising the descriptions of the product, geographical area, method of production, and the link between the product and its geographical origin. The exceptions are the Philippines and Brunei Darussalam, which protects GIs through its Trademark systems.   Geographical Indications Increase Various Product Prices In the EU, the price of a GI product has been estimated at 2.23 times the price of a comparable non-GI product (on average, 1.5 times more for agro-food products).  Another worldwide study estimates that the GI premiums lead to prices 20% to 50% higher than comparable non-GI products. In the ASEAN region, GIs show a positive impact in terms of volumes, prices, and local development. For example, for all the GIs for pepper, there has been an increase in prices during a period where the international price of pepper was relatively stable. The price of Kampot White Pepper (Cambodia) increased by a factor of 2.6 between 2009 and 2018, the price of Muntok White Pepper (Indonesia) increased by a factor of 6 between 2009 and 2015, while the price of Sarawak Pepper (Malaysia) increased by a factor of 4.32 from 2003 (before GI registration) to 2016 (after GI registration) for sales in bulk.     Other successful GIs are in the area of coffee, with the farm gate price of Flores Bajawa Arabica Coffee Red Berries (Indonesia) increasing by a factor of 2.2 between 2005 and 2015, although such price increase remains unstable. For Doi Chaang Coffee (Thailand), the price of coffee berries evolved by a factor of 2. Buon Ma Thuot Coffee (Vietnam) benefits from an added value of 2–3% compared with the standard comparable coffee. Fruits also primarily benefit from GI protection, with the Koh Trung Pomelo (Cambodia) farm gate price increasing by a factor of 1.33 and the price of Pakpanang Tabtimsiam Pomelo (Thailand) rising by a factor of 1.75.     Finally, handicraft goods such as the Lamphun Brocade Thai Silk have seen some higher revenues following GI registration, with an increase in price by a factor of 1.5.  Other vital benefits of GIs are the development of the GI product value chain structure and the creation of a collective organization of producers and processors for the management of the GI, such as the Community for the Protection of Geographical Indication of Amed Bali Salt (Indonesia). Agro-tourism, another key benefit, was developed in the Sarawak Pepper (Malaysia) area, coffee festivals have been organized in Buon Ma Thuot (Vietnam), and the preservation of traditional rice varieties is carried out with the GI Khao Kai Noi (Laos).   Protecting GIs in the European Union and International Markets Like other forms of Intellectual Property, GIs need to be protected in each country where protection is sought, according to the legal framework of that particular country. For non-EU products to be registered in the EU market, producers send their applications directly or via national authorities to the European Commission.  For spirit drinks and agri-food products, the European Commission has a maximum of 12 and 6 months to examine the application. Foreign GIs will be registered as GIs in the EU market if they fulfill the conditions of the EU system, which are a link between the product and its place of origin and the presence of a control mechanism. Foreign GIs can be protected as a Protected Designation of Origin (PDO) or a Protected Geographical Indication (PGI), the two systems in place in the EU.   PDO or PGI? Product names registered as a PDO have the most vital links to the place they are made, with every part of the production, processing, and preparation process taking place in the specific region. For wines, this means that the grapes have to come exclusively from the geographical area where the wine is made.   PGI emphasizes the relationship between the specific geographic region and the product’s name, where a particular quality, reputation, or other characteristic is essentially attributable to its geographical origin. For PGI, for most products, at least…

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Intellectual Property Infringements in Indonesia: A Closer Look at Online Hypocrisy

Intellectual Property

Intellectual Property Infringements in Indonesia: A Closer Look at Online Hypocrisy As a developing country, Indonesia still has several challenges in enforcing Intellectual Property (IP). If currently, Indonesia is still on the investment blocklist published by the United States Trade Representative (USTR) through the 2023 Priority Watch List (PWL), it is not surprising because education about the importance of IP has not yet reached the total population of Indonesia, which has reached 278 million people.   Even if they know IP, they still have different perceptions in responding to existing IP problems. If an infringement occurs at a large company from abroad, they will tolerate it. But if the infringement occurs at a local company just starting, they will defend it unquestioningly. This is a phenomenon that is still widespread in Indonesia: Online Hypocrisy!   The Power of Netizen Based on survey results from the Indonesian Internet Service Providers Association (APJII), internet users in Indonesia reached 215.63 million people in 2023. Furthermore, Hootsuite – We Are Social added that 80% of Indonesian internet users are active on Instagram and Facebook, also 60% on Twitter. These active social media users are known as Netizens, who comment the most on various cases circulating on the timeline, including Intellectual Property infringements.   The most common case is that when the world is hit by a popular film, such as Super Mario Bros. or Barbie, we can find several activities, restaurants, or playgrounds that present the themes of the IP without permission. It is promoted on their social media.   When a netizen warned, “Is the use of this character licensed?” Other netizens will respond with, “Just leave it. That brand is already rich. Sharing their fortune with small entrepreneurs is no problem, right?”   Or, “The presence of them (the IP violators) makes it easier for us to experience the same atmosphere, rather than having to go all the way to expensive amusement parks abroad.”   However, the conditions differ if the person violated is a local brand. For example, when a restaurant has an interior design and the menu list is copied by other restaurants. Netizens will happily attack restaurants that are considered imitating this with insults.   Sanctions for Violators From the story above, there is a positive side where awareness of Intellectual Property is increasing. In some cases, people are even very enthusiastic. But on the other hand, there is still a mindset that needs to be changed. Whether it is a brand from abroad or within the country, whether it is large scale or still small/medium (SME), if they already have a registered Trademark, Industrial Design, or recorded Copyright, they have Exclusive Rights that the Constitution protects. Without formal written cooperation, known as a License Agreement, IP owners can file a maximum lawsuit, for example, for using a Trademark without permission according to Article 100 of the Trademark Law, which states a maximum prison sentence of 5 (five) years and/or a maximum fine of IDR 2,000. ,000,000,- (two billion rupiah).   Intellectual Property Education for All By understanding the law, you don’t want to be on the wrong side for sure. Support for businesses that already have IP is not only needed by small companies; even when the company is large, it is increasingly required. The bigger a company, the greater its impact on the environment and its ability to improve the welfare of its workers, including vendors spread across many regions. So don’t let us sabotage their income by supporting small pirates.    The role of mainstream media, which is present on digital platforms, can significantly impact enlightenment. However, even large media with good reputations still often need to correct several things regarding Intellectual Property issues in their reporting. In the upcoming article, we will raise an issue about common mistakes made by the press in Indonesia. Should you require further information and assistance regarding Intellectual Property in Indonesia or abroad, please contact us via [email protected].

印度尼西亚专利维持费实用指南-affa-global

印度尼西亚专利维持费实用指南

Intellectual Property

何时在印度尼西亚支付专利维护费？ 本文提供正确的指南，可确保您不错过最后期限并维持专利权。   时间至关重要： 何时付款最合适？   印尼关于计算专利延期到期日的规定非常简单。 本文不仅涉及首次续保，还包括每年要注意的所有延期到期日。   您需要记住的第一件重要事情是： 在专利申请过程中，无需支付专利维持费（年费）。 您需要在专利正式注册 6 个月后支付新的维持费（该日期指专利注册日期，可在知识产权总局发布的专利申请公告函上查看）。 该维护费包括自申请之日起至专利授予之年的第一年应支付的年费，以及下一年的年费。   例如，如果专利从2023年2月1日起注册，您必须在2023年8月1日前直接向知识产权总局（DJKI）支付第一笔专利维护费。 请注意，如果您未能在该日期前付款，注册专利将被撤回或删除。   专利年度续费 付清专利维持费后，下一笔付款是年费，顾名思义，您必须每年支付年费。 下一年度的年费最迟应在下一年度保障期的同一申请之日前 1（一）个月支付。   换言之，如果专利申请日期是11月9日，即每年的10月9日是年度续期的到期日。   如果您对印尼专利维持费/续展费仍有疑问，请随时通过电子邮件与我们联系：[email protected]。 来源： 《印度尼西亚共和国法律 2016年第13号专利法》

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A No-Nonsense Guide to Patent Annuity Payment in Indonesia

Patent, Intellectual Property

Are you wondering when to pay those critical Patent Renewal fees in Indonesia? Please read the following to learn the important deadlines.   Timing is Everything: When Do Those Renewal Fees Kick In? Indonesia’s calculation of renewal due dates is actually pretty straightforward. We are not just talking about the inaugural renewal due date but all future ones as well.   Here’s the kicker: No annuities are due while your Patent is still in the application process. Your first payment becomes due 6 (six) months after the Patent grant date (you can always refer to the Notice of Allowance issued by the Indonesian Patent Office). And that payment isn’t just a one-off; it covers all the annuities that would have been due while your application was still pending – it’s a back-payment of sorts.   For instance, if your Patent was granted on February 1, 2023, you must settle the first annuity payment by August 1, 2023, to the Directorate General of Intellectual Property (DGIP). Please note that the granted Patent will be deemed withdrawn/invalidated if the payment deadline is missed.    Yearly Renewals Explained Once you have settled that first payment, let’s keep the ball rolling. Every year, one month before the anniversary of your original filing date, another annuity will knock on your door.   To paint a clearer picture: If you initially filed your Patent on November 9, mark your calendar because all subsequent renewals must be settled by October 9 each year.   Should you have any questions about Patent annuity payments in Indonesia, please do not hesitate to contact us at [email protected].   Source: Law No. 13 of 2016 on Patents (Patent Law)