Since 2017, Kylian Mbappé has contributed 170+ goals for the Paris Saint-Germain football club. Since then, Mbappé has introduced a celebration pose with crossed arms clamped in his armpits after he scores. Apparently, the pose was registered as a Trademark in the same year and will be protected at least until August 2027. In theory, since 2008, the World Intellectual Property Organization (WIPO) has recognized the existence of ‘New Types of Marks,’ which divides Trademarks into two types, namely Visible and Non-Visible. For Visible Marks, apart from the various commonly recognized Marks such as names, logos, and holograms, Motion or Multimedia Signs, Position Marks, and Gesture Marks are also recognized. Therefore, this celebratory pose, which includes gestures, can indeed be registered as a Trademark. Source: World Intellectual Property Organization (WIPO) As a logo, there is a classification system that regulates it to make applications more accessible, as well as providing ample opportunity for each person or company logo to be registered in various appropriate class categories, thereby minimizing monopolistic practices. The classification system is the Vienna Class, which divides logos into 29 categories, 144 divisions, 775 main sections, and 1,112 auxiliary sections. Mbappé’s celebration pose is included in Vienna Class 2.1.8 which includes logos for “Acrobats, athletes, dancers, jugglers, nude men, men practising sports (except those already included in Vienna Classes 2.1.2, 2.1.12, 2.1.14, 2.1.20 and 2.1.21).” It should be noted that the Indonesian Trademark Office (DGIP) has not adopted the Vienna Class for Figurative Mark, but this does not mean that the Mark cannot be registered in Indonesia. Please take a look at the explanation at the end of this article. Why Does It Need to be Trademarked? From the start, Mbappé understood that his unique pose could be registered as a Trademark. Dozens of years earlier, David Beckham, the legendary wing midfielder from Manchester United, had registered his cross-passing pose as a Trademark. The difference is that the logo registered by Beckham is a figure that resembles a human (Vienna Class 4.5.5), not a black-and-white photo of himself as registered by Mbappé. Source: World Intellectual Property Organization (WIPO) However, just like Beckham, Mbappé also hopes that this Trademark can be used commercially for various goods and/or services of his own. With global achievements and 113 million Instagram followers from all over the world, it is not difficult to imagine that whatever Mbappé sells, especially those with his unique celebration logo, will make a profit. Of course, this profit does not only come to Mbappé but also to manufacturers of clothes, textiles, toys, video games, umbrellas, bags, jewelry, perfume, cosmetics, and even toothbrushes who are interested in getting the license. Negative Impact on the Athlete’s Image? If a Trademark is already registered, commercial use of the mark becomes the exclusive right of the mark owner or another party who has officially obtained permission. So, suppose another party uses it without permission. In that case, a civil lawsuit can be filed in Indonesia, or criminal liability can be demanded, with a maximum fine of 2 (two) billion Rupiah or a maximum imprisonment of 5 (five) years. From the perspective of the fan community, the size of this fine can be scary because a logo that was previously very proud, used as wallpaper on a cellphone, laptop, sticker on a vehicle, or poster in the work space could become incriminating evidence. Will Mbappé’s lawyers or legal team sue and imprison the Fans? The answer is, of course, no. Because they will mainly pursue pirates who produce, distribute, or sell counterfeit products without permission, this effort is undoubtedly very positive for fans who are truly present to provide support to their athletes. Because the money spent will actually be income for the athletes, not put into the pockets of the pirates, it’s more expensive but legal, you get quality goods, and you’re prouder. Other Athletes Who Have Done It, Too. The practice of commercializing athletes’ profiles as Trademarks has been going on for a long time; for example, basketball player Michael Jordan, golfer Jack Nicklaus, and sprinter Usain Bolt are still loved by their fans. With the ownership of this celebration logo, Mbappé is recorded as having 7 registered Trademark variants at the European Union Intellectual Property Office (EUIPO), of which 1 is a Trademark bearing his name, 2 Trademarks contain his favorite slogan, 2 are his logo, and 2 more are a combination of logo and Mbappé’s name. Lionel Messi (6 Marks) and Cristiano Ronaldo (5 Marks) are other footballers with many active registered Trademarks. However, when David Beckham was still active, he had more Trademarks. Namely, he had 8 registered Trademarks for the logo, name, and several variants of his name with a combination of his back numbers for various products and foundations that he owns. Unfortunately, currently, only one Trademark is still active: BECKHAM. Can this Trademark be Registered in Indonesia? Referring to Article 1 point 1 of Law Number 20 of 2016 on Trademarks and Geographical Indications (the Trademark Law), a Trademark is a sign that can be displayed graphically in the form of an image, logo, name, word, letter, number, color arrangement, in the form of 2 (two) dimensions and/or 3 (three) dimensions, sound, hologram, or a combination of 2 (two) or more of these elements to differentiate goods and/or services produced by individuals or legal entities in goods and/or services trading activities. Referring to the Trademark definition, the Trademark submitted by Kylian Mbappé can also be registered in Indonesia as long as no identical or similar Mark has been previously submitted by another party, as regulated in Article 21 of the Trademark Law. Are you interested in registering your name or favorite pose as a Trademark in Indonesia or abroad? Contact us directly via email: [email protected].
![[Important Update] Japan Adopts Letter of Consent for Trademark Registration - AFFA IPR](https://affa.co.id/global/wp-content/uploads/sites/12/2024/04/article-layout-Landscape-JPN-eng.jpg)
[Important Update] Japan Adopts Letter of Consent for Trademark Registration
The revised Japan Trademark Law will come into effect on April 1, 2024, introducing the “Letter of Consent” to overcome conflicts with earlier Trademark registrations. However, the Japan Patent Office (JPO) recently announced that evidence must be provided in addition to a consent letter obtained from the earlier registrant when applying Article 4(4) of the Japan Trademark Law. This evidence must convince the JPO examiner that there is no likelihood of confusion between earlier and junior marks, not only at present but also in the future. Article 4(4) of the Japan Trademark Law, which is newly introduced in April, states: Trademark applications will not be rejected under Article 4(1)(xi) as long as the applicant obtains consent from the owner of the cited mark and it is unlikely to cause confusion with the cited owner or its exclusive or non-exclusive licensee when used on goods or services designated under the application. Trademark Examination Guidelines for Article 4(4) Provides: The requirement of being ‘unlikely to cause confusion’ must be satisfied at the time of the JPO examiner’s decision and in the future. To satisfy the requirement, the following factors will be assessed: Similarity between marks Recognition of mark Uniqueness of mark Significance of mark (House mark or product brand) Possibility of business expansion Relatedness of goods and service Consumers Trade practices involving actual use of mark Where both marks are identical and used on same goods and service, the examiner will find “likely to cause confusion” in principle. Applicant must provide evidence to demonstrate the unlikelihood of confusion based on the actual use of both marks. For example: Different color, font or combination between literal element and figurative element of respective mark Different position to place the mark or to accompany with other distinctive mark Difference in speific purpose or price of respective goods Different sales channel Different seasons to use the mark Different territory to use the mark Mutual covenants to take necessary actions if confusion is likely to occur between the marks An agreement between the parties to keep the present use or configuration of both marks in the future will be required to strengthen the unlikelihood of confusion in the future. It is important to note that “Letter of Consent” is not available to Trademark applications filed with the JPO before April 1, 2024, even if they are pending examination. Similarly, international registrations registered at the World Intellectual Property Organization (WIPO) or subsequently designated to Japan before April 1, 2024, can’t use the consent. Should you need further information regarding Trademark registration in Japan or other countries, please email us at [email protected].
![[重要] 向印度尼西亚进口纺织品、箱包和鞋类需提供商标证书 - AFFA IPR](https://affa.co.id/global/wp-content/uploads/sites/12/2024/04/article-layout-Landscape-Import-Certificate-chn.jpg)
[重要] 向印度尼西亚进口纺织品、箱包和鞋类需提供商标证书
2024 年 3 月 10 日生效，旨在加强对商标的保护并控制市场上的产品质量，印度尼西亚共和国工业部 (Kemenperin) 开始实施对纺织品、箱包和鞋类产品进口有重大影响的新法规。2024 年第 5 号工业部长条例修正案第 23 (3) 条规定了这些产品进口的技术审查签发程序。 重大变化在于增加了进口商申请进口商识别号（API-U）时必须附加的以下文件： 印尼法律和人权部知识产权总局颁发的商标证书； 商标所有人向授权代表出具的许可协议、再许可和/或委任书的记录证明；以及 商标所有者或授权代表的进口委任书。 受影响产品 – 纺织品：纤维、长丝纱线和片状织物； – 纺织产品：地毯或其他纺织地板覆盖物、服装、服装配件和其他纺织成品； – 箱包：行李箱、钱包、书包、运动包、手提包和其他包袋； – 鞋类：鞋履、凉鞋和软皮鞋。 一般进口许可程序仍适用，贸易型进口企业需要获得一般进口商识别号（API-U）。申请程序包括一般进口商核查（VIU），随后由工业部进行技术审议（Pertek）。要获得 API-U，需要向贸易部提交 VIU 报告和 Pertek 结果。 对进口商的影响 对于尚未在印尼注册商标的进口商，这项新要求是重要提醒。 鉴于商标注册过程耗时较长（约 1-2 年），需要尽快与商标所有人沟通，以获得必要的证书，避免在获得进口许可证方面出现延误。 如需有关该法规的更多信息，包括如何在印尼注册商标，请随时通过电子邮件[email protected]与我们联系。
Unveiling Copyright Ownership in the Film Industry: Legal Perspectives
Unveiling Copyright Ownership in the Film Industry: Legal Perspectives There is still often a question among the public about who owns the copyright for a large-scale work, such as a movie. Because movies, especially feature films, involve many derivative works and other interrelated supporting works. Starting from scripts, background music, movie posters, and even a game specifically made to promote the movie. So, who owns the copyright of all these works? Does the Director hold everything? Producer? Or both of them? Definition of Copyright According to Article 1 of Law No. 28 of 2014 concerning Copyright (Copyright Law), what is meant by Copyright is the Exclusive Right of the Creator, which arises automatically based on declarative principles after a work is realized in actual form without reducing restrictions by the provisions of statutory regulations. From the definition above, there are two essential emphases of Copyright as follows: 1. Exclusive Rights, consisting of: Economic Rights The Exclusive Right of the Creator or Copyright Holder to obtain economic benefits from the Work Moral Rights Rights that are eternally inherent in the Creator 2. Arises automatically based on Declarative Principles No recording or registration is required to obtain protection. Then, a Creator is a person or several people who produce a creation individually or together. Movies in the Copyright Law are referred to as Cinematography as mentioned in Article 40 Paragraph (1) letter (m), which means moving images, including documentary movies, advertising movies, reportages, or story films made with scenarios, including cartoon or animation films. Cinematography works can be created on celluloid tape, video tape, video disc, optical disc, and/or other media that allows it to be shown in cinemas, big screens, television, or other media. Copyright Holders of Movies/ Cinematography Works In general, 3 (three) parties are referred to as Copyright Holders, namely: Copyright Owner/Creator The party who legally receives the rights from the Creator Another party who receives further rights from the party who received the rights However, if we talk about specific copyright holders for movie-related products, the details are as follows: Movie Related Products Types of Creation Notes Original/ raw/ in-editing process/ final movie. Copyright for Cinematographic Works Creator: Director Copyright Holder: Film Producer Script/ Story Copyright for Written Works Creator: Script/Story Writer Book – If the film is adapted from a book. Copyright for Books/Writing Works Creator: Book Author Adaptation Copyright Holder: Film Producer Book – If the film is adapted into a book. Copyright for Books/Writing Works Creator: Book Author Adaptation Copyright Holder: Book Publisher Background Music (BGM), scoring, soundtrack, sound effects, or other related music works. Copyright of Songs and/or Music Creator: Song Creator (can be assigned to Music Publisher) Related Rights: Musicians, Singers, and Record Producers Movie posters Copyright for Drawing/Painting Artworks Creator: Poster Designer Movie Exhibitions/ advertising/ promotions (photography, banners, etc.) Copyright for Photographic Works, Portraits, Databases, Video Games, Computer Programs, Appearances in the form of Written Works Creator: Photographer, Designer, and Game/Computer Programmer. Knowing who the creator of the creations above is, if you are involved in them, especially if your position is the creator, you are entitled to Exclusive Rights to cinematographic works, valid for up to 50 (fifty) years from the first announcement. Benefits of Copyright Recordation Also, please ensure your name is recorded in the Creation Recordation Letter issued by the Minister and in the General Register of Works, which serves as initial proof of ownership of a work and is substantial evidence in court. Even though it is not mandatory, Copyright recordation is beneficial for the following 2 (two) things: Prevent misuse of recorded works and simultaneously prevent losses arising from abuse of said works. Make it easier for Copyright owners to claim royalties for recorded Copyright licenses. Should you have further questions regarding Copyright and its registration in Indonesia and abroad, do not hesitate to contact us via [email protected]. [dt_divider style=”thin” /] Sources: Law Number 28 of 2014 concerning Copyright (Copyright Law) Directorate General of Intellectual Property (DGIP)
Tips for Registering Holograms as Trademarks in Indonesia
Tips for Registering Holograms as Trademarks in Indonesia Besides Sounds and 3D objects, Holograms can be registered as Trademarks because they are equally recognized as Non-Conventional/Non-Traditional Trademarks. But what kind of Holograms can be registered as Trademarks? Do you interpret the meaning of this Hologram in the same way? Allow us to delve into the discussion. Legal Basis For Hologram Marks In Indonesia Indonesia recognizes the existence of Hologram Marks through the elaboration of the definition of Trademark as stated in Article 1 Number 1 of Law Number 20 of 2016 concerning Marks and Geographical Indications (the Trademark Law), as follows: A Trademark is a sign that can be displayed graphically in the form of an image, logo, name, word, letter, number, or color arrangement in 2 (two) dimensions and/or 3 (three) dimensions, sound, hologram, or a combination of 2 (two) or more of these elements to differentiate goods and/or services produced by individuals or legal entities in goods and/or services trading activities. For a Hologram Mark to be registered, Article 4 of the Trademark Law and Article 3 of the Ministry of Law and Human Rights Regulation No.67/2016 require the attachment of a Trademark label in the form of a visual display from various sides. This visual appearance from various sides is essential because the definition of a Hologram, according to the ‘Great Dictionary of the Indonesian Language,’ is a colored image with three dimensions on a piece of paper so that it appears as if it has arisen. So, the critical point that needs to be paid attention to for Hologram Trademarks is its embossed impression, even though it is flat, and therefore has a different color reflection effect from each side. That’s why the visual description of each side is essential and must be accurate. Sample of Description on a Hologram Trademark For example, the Hologram Mark registered for PT. PEGADAIAN (Persero) with Application Number JID2020022485. Its appearance is only a circle, but if we look at it from various sides, an emerging effect shows the words and logos contained in it, with different effect colors appearing on each side. So the description is, “Holograms have five image perspectives. The Front Image displays the entire hologram image (including words and logos). The Top and Right images show the words and logos in various colors. The Bottom and Left images show the words and logos in blue and purple.” Examples of Other Hologram Marks Registered in Indonesia PT. PANCA PRATAMA INDONESIA GEN TAMEO IMAN SANTOSA Application Number: DID2022083769 Application Number: DID2022104879 Application Number: DID2020060873 From the examples of registered Hologram Marks above, it appears that words, logos, and even facial photos can be submitted as Hologram Marks, provided they do not conflict with administrative and substantive requirements. Furthermore, assuming that the application does not encounter opposition or rejection, it will only take 10-13 months from the application to obtaining the registration number. So, have you imagined the Hologram Mark that you want to register for your business? Should you have further questions regarding the requirements and registration of Hologram Marks in Indonesia or abroad, do not hesitate to contact us via [email protected]. [dt_divider style=”thin” /] Source: Directorate General of Intellectual Property
Patent Prosecution Highway between Indonesia and South Korea
Patent Prosecution Highway between Indonesia and South Korea Starting this December, the Indonesian Patent Office (DGIP) and the Korean Intellectual Property Office (KIPO) began implementing the Patent Prosecution Highway (PPH) program. This program aims to ensure that South Korean companies entering Indonesia can obtain Patent Examinations more quickly, from 40 months to just 18.4 months. This KIPO PPH collaboration with DGIP is the 10th Bilateral PPH after previously collaborating with IMPI (Mexico – July 1, 2012), IPOPHL (Philippines – May 1, 2015), TIPO (Taiwan – July 1, 2015), EAPO (Eurasia Patent Office – January 1, 2019), IPVN (Viet Nam – June 1, 2019), SAIP (Saudi Arabia – July 1, 2019), INPI (Brazil – April 1, 2020), and MyIPO (Malaysia – December 1, 2020 ), INPI (France – September 1, 2022). It is called Bilateral PPH because it is still a pilot program, before finally becoming Global PPH, as has been implemented in IP5 countries (China, Japan, USA, & EU) and other 24 countries, such as the UK, Singapore, Australia, and Russia. The Basic Concept PPH Where an Office of First Filing (OFF) has assessed the patentability of a Patent Application, an Office of Second Filing (OSF) offers the Applicant accelerated examination for the corresponding Application, provided that certain conditions are met. Those conditions include sufficient correspondence in the claims of the two applications and the search and examination results of an OFF being made available to an OSF. Under the PPH program, the examination results of an OFF are used to expedite the application process in an OSF, thereby reducing the workload and improving patent quality. If deemed patentable by an OFF, the corresponding application is filed in advance for accelerated examination in an OSF. This PPH program is divided into two categories: PPH using the National Work Products and PPH using the PCT International Products from the KIPO. The following are the procedures for each category: 1. PPH using the National Work Products from the KIPO Applicants can request accelerated examination by a prescribed procedure including submission of relevant documents on an application filed with the DGIP and satisfies the following requirements under the DGIP-KIPO Patent Prosecution Highway (PPH) pilot program based on the KIPO application. When filing a request for the PPH pilot program, an applicant must submit a request form to the DGIP. The offices may terminate the PPH pilot program if the volume of participation exceeds a manageable level, or for any other reason. Ex Ante notice will be published if the PPH pilot program is terminated. The PPH pilot program will be in effect for three (3) years commencing on 8 December 2023 and will end on 8 November 2026. However, the program may be extended after a joint DGIP – KIPO review and assessment of the program implementation. Requirements a. Both the DGIP application on which PPH is requested and the KIPO application(s) forming the basis of the PPH request shall have the same earliest date (whether a priority date or a filing date). For example, the DGIP application (including the PCT national phase application) may be either: an application that validly claims priority under the Paris Convention from the KIPO application(s) except for a complex priority. Example: A. Paris Route B. PCT Route C. PCT Route – Domestic Priority D. Paris Route – Complex Priority E. Paris Route – Divisional Application F. PCT ROUTE an application that provides the basis of a valid priority claim under the Paris Convention for the KIPO application(s) (including PCT national phase application(s)). Example: A. Paris Route B. PCT Route a PCT national phase application where both the DGIP application and the KIPO application(s) are derived from a common PCT international application having no priority claim. Example: A. Direct PCT Route B. Direct PCT & Paris Route C. Direct PCT & PCT Route D. Direct PCT & PCT Route b. Patent applications have been initiated in the Office of the KIPO or the DGIP. Patent applications belong to a patent family of which at least the earliest application was filed with the DGIP or the KIPO acting as a national office. The DGIP application which validly claims priority direct PCT applications is also eligible. Example: A. Paris Route BUT the First Application is from the Third Country B. PCT Route BUT the First Application is from the Third Country c. At least one corresponding application exists in the KIPO and has one or more claims that are determined to be patentable/allowable by the KIPO. The corresponding application(s) can be the application that forms the basis of the priority claim, an application derived from the KIPO application that forms the basis of the priority claim (e.g., a divisional application of the KIPO application or an application that claims domestic priority to the KIPO application, example: or a KIPO national phase application of a PCT application. Example: A. PCT Route B. Direct PCT Route C. Direct PCT & PCT Route D. Direct PCT & PCT Route Claims are “determined to be patentable/allowable” when the KIPO examiner identifies the claims as patentable/allowable in the latest office action, even if the application is not granted for patent. The office’s action includes: Decision to Grant a Patent Notification of Reasons for Refusal Decision of Refusal Appeal Decision For example, if the following routine expression is described in the “Notification of Reason for Refusal” of the KIPO, those claims are clearly identified to be patentable/allowable. “<Claims which has been found no reason for refusal> At present for an invention concerning Claim, no reason for refusal is found.” d. All claims on file, as originally filed or as amended, for examination under the PPH must sufficiently correspond to one or more of those claims indicated as patentable/allowable in the KIPO. Claims are considered to “sufficiently correspond” where, accounting for differences due to translations and claim format, the claims in the DGIP are of the same or similar scope as the claims in
5 Common Types of IP Violation in Indonesian E-Commerce
5 Common Types of IP Violation in Indonesian E-Commerce The presence of e-commerce has changed the shopping habits of Indonesians. Statista Market Insights data predicts that users by the end of this year will reach 196.47 million, or an increase of more than 22 million since 2022. The Central Bank of the Republic of Indonesia also stated that the value of e-commerce transactions in 2022 will reach IDR 476.3 trillion. This number is predicted to continue to increase because active e-commerce users in Indonesia still account for only around 30% of transactions in cyberspace. By now, opening an e-commerce site or app is the easiest way to compare the cheapest product we want. However, with all this convenience, you must still be aware of the potential for Intellectual Property violations in e-commerce. You need to remember that even though the platform organizers have tried to carry out sorting even with AI, it will only be helpful if you, who have self-screening capabilities, are easily tempted by the low prices of products that should be expensive. Counterfeit goods are not the only potential for Intellectual Property (IP) violations in e-commerce; there are at least 5 (five) types of IP violations, which we can describe as follows: 1. Sale of Counterfeit Goods Even when selling fake goods, the method is more sophisticated, not blatantly using names or products with very different qualities. a. Photos taken from the official site; Suppose the seller is not an official store but uses an official photo. In that case, you should immediately be suspicious and use your right to ask for some actual photos of the product before making a transaction. b. Preloved with invoice; If the seller uses pictures that show an invoice with the product, like pretending it was purchased from an official store, please don’t hesitate to ask for some photos of the actual product before making a transaction. c. Normal price for a counterfeit product; If you are a collector of specific brands, you must know the shape, color, or placement of the official logo on the product. You may also know how many variants are produced for this season, including the look of the limited variants. So you won’t be deceived when you find a product with a different color, which shouldn’t be available in the market, even though it is the same price as the original product. d. Using the word ORI or SUPER ORI or HIGH GRADE; The word “ori,” which means original, should only be used for authentic products. However, sellers of counterfeit goods have recently used this word to attract buyers. Moreover, if the inclusion of the word “ori” is coupled with the price of the item being much cheaper, you should be suspicious of its authenticity. e. Cheap products directly from the factory. It would be best if you were also wary of this description when you find a cheaper good on e-commerce. Only official stores or distributors can do this if the product comes from Indonesia and gets wholesale price benefits. Another possibility is stolen goods that are not complete or of bad quality. Are you sure you still want to buy something like that? 2. Promoting Product Without Verification This type is the same as in the first category; the difference is that it involves the lure of a big discount, which results in the price being much lower than the market, but it is not sold by official stores or distributors (which in the same time are not providing the same promotions). Apart from the possibility that what is being sold is not a genuine product, it could also be that the product is smuggled without paying official import taxes, with questionable completeness and quality. 3. Selling Irresponsibly Through E-Commerce Sometimes, some health and beauty products are sold using a “direct selling” scheme, and sale activities via e-commerce are prohibited. Because their exclusive products are only sold through direct selling methods to downlines/registered members. So direct sales to the public (non-members) are a violation because they destroy the agreed business scheme and membership system. 4. SOPs for IP Violations in E-Commerce Are Not Yet Standardized Even though e-commerce has acted as an intermediary that will hold funds from buyers and return them if there is a problem with the goods, there are still loopholes that allow transactions to be completed even though the goods have a problem. For example, the buyer forgets to unbox with a video or only immediately checks the item’s authenticity after the deadline. If you are caught in this problem, the procedures of complaint from each e-commerce are not standardized. The absence of customer service that truly understands the situation makes this even more difficult. Especially if the customer service is entirely automated without involving humans. 5. Borderless E-Commerce Platform With the increasingly open cross-border international trade through e-commerce, you must understand the risks of purchasing goods outside Indonesia. If you find lower prices for goods, even though they are shipped from abroad, and you know that there is an official distributor in Indonesia, your vigilance needs to be increased even more. Because there could be an IP violation in the form of distribution without permission/violating the law/not paying import tax, which is not impossible, within the time frame of the order process, the police arrest the seller in the country of origin, and you will not get the goods you want. All of the IP violation practices above harm you as a buyer and significantly impact the country. These losses include: Negative Reputation of Indonesian From the latest Priority Watch List (PWL) 2023 report, released by the United States Trade Representative (USTR), Indonesia, along with Argentina, Chile, India, Russia, China, and Venezuela, is still on the investment blocklist because it is prone to piracy practices. In particular, the Notorious Markets for Counterfeiting and Piracy 2022 report, also released by USTR, lists several local e-commerce sites
3 Crucial Roles of Trademarks in the Property Business
3 Crucial Roles of Trademarks in the Property Business After being hit by the COVID-19 pandemic, property growth in Indonesia has shown promising developments in recent years. Property development projects resume after investors return, thanks to lower bank interest rates and regulations more conducive to foreign property investment in Indonesia, especially for those seeking long-term profits. As one of Indonesia’s popular tourist destinations, Bali could be the most exciting example. Data from the Central Bank of the Republic of Indonesia shows that house prices in Bali only increased by 1% in the second quarter of 2023 compared to the previous quarter. In terms of market growth, it is estimated to continue to grow in 2024, thanks to the support of tourism, infrastructure investment, and increasing foreign demand. Bali continues to attract the interest of foreign investors looking for a place to live or invest in the promising property market. The properties in question are premium housing, hotels, resorts, and villas. Luxury properties such as villas in elite areas in Bali are sought after not only by local investors but also by foreign investors from Japan, South Korea, and Australia. With the growth rate predicted to be increasingly rapid, it is unsurprising that new property names will emerge from this industry, whether independent/boutique or under the auspices of large groups, which are similar but different. How do we ensure that the property named “AAA” in Ubud has the same quality as the properties named “AAA” in Kuta? Could they only have the same name, but the quality is very different? Do practices like this disadvantage property entrepreneurs? These problems can be avoided if you register your property name and/or logo as a Trademark. There are at least three main benefits that you can get from a registered property Trademark, and those three benefits are: 1. Building Image Through Trademark This is where we must start to be aware of the importance of registered Trademarks. Your property Trademark must be registered as a first step in building an image. A Trademark registered with the Directorate General of Intellectual Property of the Republic of Indonesia in Class 36 will protect the property business name and logo as Intellectual Property that you own. Thus, you are the exclusive owner of the name and logo. Only you have the right to use it, and building your image can begin. Furthermore, you can assure customers that the quality of service at every “AAA” property name you own will always be maintained. In other words, consumers can identify comfort, safety, or excellent quality with your property Trademark. 2. Registered Trademark Prevents Piracy Registration of a Trademark on the property can also prevent the criminalization of a brand used by other parties. Imagine the luxurious and comfortable image you have built suddenly damaged due to the appearance of the same property name created by someone you don’t know. A lousy property review may affect the image of your property. The property has nothing to do with you. If your property Trademark is already registered, you can take all necessary legal steps to stop the use of your Trademark by other parties. Since Trademark registration in Indonesia applies the first-to-file principle, meaning that the rights are given to the first registrant, you must register your Trademark as soon as possible before being preceded by another party. On the other hand, if you have yet to register a Trademark on your property while another party has appeared as the legal owner of the name you used, you could lose the right to use the name on the property you have built so far. Another party can ask you to pay a hefty amount due to your negligence in registering the Trademark on your property. 3. Trademark Increases Property Value With a registered Trademark and a maintained image, your business expansion can continue to increase due to investment from within and outside the country. As an intangible asset, a Trademark becomes an added selling point for you in providing licenses to parties interested in building new properties using the name of the property you own. If your property business already has a registered Trademark, business expansion can be done as a franchise. You can read in our previous article how licensing and franchise businesses can increase the benefits of your brand. Considering the importance of Trademark registration in the property business, you don’t need to think long about registering the property Trademark that has been the focus of your business for so long. If you have any more questions about property Trademark registration, please don’t hesitate to contact us via [email protected]. [dt_divider style=”thin” /] Source: Miraland.id Detik.com Directorate General of Intellectual Property
Tips for Registering 3D Objects as Trademarks in Indonesia
Tips for Registering 3D Objects as Trademarks in Indonesia In the public mind, the meaning of a Trademark is often limited to just a name, word, or logo. As we explained in the previous article, a Trademark can also be a sound. Along with the times and increasing human creativity, Trademarks as differentiators of goods and/or services can also be registered in 3-dimensional (3D) form. If they have differentiating power, logos in 3D form, unique product shapes or packaging, and even shop layouts can be registered as Trademarks in Indonesia. Legal Basis For 3D Marks In Indonesia Indonesia recognizes the existence of 3-Dimensional Marks through the elaboration of the definition of Trademark as stated in Article 1 Number 1 of Law Number 20 of 2016 concerning Marks and Geographical Indications (the Trademark Law), as follows: A Trademark is a sign that can be displayed graphically in the form of an image, logo, name, word, letter, number, or color arrangement in 2 (two) dimensions and/or 3 (three) dimensions, sound, hologram, or a combination of 2 (two) or more of these elements to differentiate goods and/or services produced by individuals or legal entities in goods and/or services trading activities. For a 3D Mark to be registered, Article 4 of the Trademark Law and Article 3 of the Ministry of Law and Human Rights Regulation No.67/2016 require the attachment of a Trademark label in the form of the characteristics of the Mark in the form of visuals and a description of the protection claim. Types of 3D Marks A 3D Mark is a sign that has elements of length, width, and height or has volume, as in the following scope: Product What is meant by Product here is not only the shape of the product itself, which is unique, such as Zippo lighters but the Sari Roti mobile cart is also registered as a 3D Mark. Packaging This category is the most frequently registered 3D Mark. The most famous examples are Coca-Cola glass bottles, Toblerone chocolate, and Yakult bottles. Character/ Mascot Currently, the presence of mascots cannot be separated from the presence of theme parks or various significant events such as the Olympics. Each event has unique characters that become symbols and represent the spirit of all contingents and the host country. Registered Mascots can then be licensed and presented in various performances and product derivatives, thus becoming a source of income for the Trademark holders. Position Famous examples of this Position Mark are the Red label on the pocket of Levi’s jeans, the yellow thread stitching on the sole of Dr. Martens, and the Red soles on Louboutin shoes. Layout Perhaps you still don’t know that your restaurant layout can be registered as a Trademark. With a certain uniqueness, visitors can immediately feel the difference when entering your shop just from the layout alone. Examples of layouts registered as Trademarks are the Apple Store and Kiko, a cosmetics store from Italy. So, how do you register them as Trademarks? Here are the tips: Unique A Trademark can be registered if it has overall distinctive power, as long as these elements can be identified as product identity. So, you must ensure that the 3D shape you are registering has characteristics that distinguish it from similar products. Distinctive If your product is not distinctive enough but contains a distinctive element, it is sufficient to make it function as a whole product identity. However, it would be best if you made sure that your additional characteristics can change the impression of the overall shape, for example, in the 3-Dimensional Mark in the Position category. Furthermore, the examination will be based on the graphical representation submitted, not the actual size. So, the image provided must display these different elements. Proportions are significant, but there are no special requirements regarding this. How is it different from Industrial Design? The uniqueness of 3D Marks, especially for product packaging, can potentially clash with other Intellectual Property (IP) regimes, such as Industrial Designs and Patents. Therefore, you’ll need to study it before submitting the application to get maximum benefit from the protection and anticipate legal consequences that may happen in the future. What differentiates 3D Marks from Industrial Designs is that the protection period can be extended for Trademarks, whereas Industrial Designs are only ten years and cannot be extended. Apart from that, in Industrial Design, aesthetic value and novelty are the main factors. Uniquely, one product can have two IP protections simultaneously, as a Trademark and an Industrial Design. This is possible if the product meets the terms and conditions of the Trademark and Industrial Design Law. 3D Marks can also intersect with Patents if they have technical aspects or contain functional forms. However, if an item is protected as a patent, it cannot receive protection as a trademark. This rule is based on Government Regulation in Lieu of Law No.2 of 2022 concerning Job Creation Article 20 letter (g) in number (1) in Article 108 of Law Number 11 of 2020 concerning Job Creation. In the end, we hope you can determine whether the product you own is more appropriately registered as a 3D Mark, Industrial Design, or Patent. However, if you still have questions or need further information regarding 3D Marks, please get in touch with us via [email protected]. [dt_divider style=”thin” /] Source: Directorate General on Intellectual Property (DGIP)
关于在印度尼西亚将声音和音乐注册为商标的提示
关于在印度尼西亚将声音和音乐注册为商标的提示 随着全权贸易和技术进步快速发展，商标保护的需求也在不断增加。自2008年以来，世界知识产权组织（WIPO）成员国已经承认“新型标志”的存在，这导致商标分为两种类型，即可见商标和不可见商标。 可见商标包括三维标志、颜色标志、全息图、标语、电影和书籍标题、运动或多媒体标志、位置标志和手势标志。 同时，不可见商标可通过眼睛以外的感官感知。例如，耳朵听到的声音标志，鼻子闻到的嗅觉标志，舌头尝到的味觉标志，皮肤感觉到的质地或感觉标志。 声音标志在印度尼西亚的法律依据 印度尼西亚通过阐述关于商标和地理标志的2016年第20号法律（《商标法》）第1条第1款所述的商标定义，承认了非传统商标的存在，具体如下： 商标是一种标识，可用图像、徽标、名称、单词、字母、数字或2（二）维和/或3（三）维的颜色排列、声音、全息图或2（二）个或以上这些元素的组合进行图形展示，以区分个人或法律实体在商品和/或服务贸易活动中生产的商品和/或提供的服务。 对于要注册的声音标志，《商标法》第4条和法律和人权部第67/2016号条例第3条要求附上显示标志特征的附件；对于声音标志，需要附上符号和录音。但是，如果声音标志不能以符号形式显示，则附件应是声谱图。 声音标志的类型： 1. 唱出/说出的语言元素 例如，“Auo-uo”这个声音就是人猿泰山喊出来的。 2. 音乐元素 例如，每次打开装有Windows操作系统的PC/笔记本电脑时出现的音乐。 3. 逼真的声音 例如，影片开始前，在米高梅标志出现时，狮子咆哮的声音。 4. 其他声音 例如，刚刚启动的哈雷戴维森摩托车发动机发出的轰鸣声。 那么，如何将它们注册为商标呢？ 提示如下： 1. 附上您的图形表示 以视觉方式显示的符号和声谱图可区分不同的声音标志。 声音标志的符号示例 声音标志的声谱图示例 2. 附上带清晰说明的符号 不含语言元素的声音标志符号 说明： “该声音标志由C调的五音旋律组成。该旋律由八分之一C音、八分之一E音、八分之一D音、十六分之一B音、十六分之一C音和一个半C音组成。” 含语言元素的声音标志符号 说明： ”该声音标志由单词“HISAMITSU”和四个音符 （E、A、E和F）的声音组成。前三个音符是八分音符，后一个音符是八分半音符” 3. 对于唱出/说出的标志，语言元素对检验有较大影响 语言元素是指说出的声音，类似上述HISAMITSU标志的示例。 如果说出的单词有很大差别，声音就具有很强的区分能力。假设两个不同的语言元素（HISAMITSU和WECANSEEYOU）以相同方式标注。在这种情况下，HI-SA-MIT-SU的发声就像是WE-CAN-SEE-YOU；因此不是不同的声音标志。 如果语言元素相同，但伴有非语言元素（例如不同的音乐声），区分值将仍然存在，但要弱于语言元素完全不同时的情况。 4. 对于含音乐元素的声音标志，不同的旋律对检验有较大影响 如果申请注册的声音标志只包含音乐元素，将不同的旋律作为区分值。 与仅在其他乐器、节奏和旋律方面存在差异相比，越多样化越好。 5. 对于逼真的声音，可通过不同的类型、节奏和旋律来检验区分力度。 如果声音标志是逼真的声音，例如米高梅的狮子咆哮声，为了区分，另一只狮子的咆哮声必须具有不同的节奏和旋律和声级。 例如，狮子的嗓音（例如，尖叫或哭泣的节奏较慢）也具有区分力度。 您希望注册哪种声音标志来支持您的企业，让它在市场上更加引人注目、更有区分力呢？请确保您满足以上所有标准。 如果您对印度尼西亚或国外的语音标志有任何疑问或需要其他信息，包括查询要注册的标志是否已被其他方注册，请随时通过[email protected]联系我们。 [dt_divider style=”thin” /] 来源： 印度尼西亚知识产权局
