Page 20 – AFFA Intellectual Property Rights

Switzerland Maintains Its Innovation Leadership in 2023; Indonesia Secures 61st Position

Intellectual PropertyBy AFFA IPR October 8, 2023 1 Comment

Switzerland Maintains Its Innovation Leadership in 2023; Indonesia Secures 61st Position The World Intellectual Property Organization (WIPO) Global Innovation Index (GII) 2023 has been released, and it reveals that global innovation is on the rise, with the average GII score reaching an all-time high of 35.9. Switzerland leads with 67.6 points and Angola is in last place, 132nd, with only 10.3. The GII ranks 132 countries based on their seven innovation performance categories, further divided into several criteria to generate these points. The details are as follows: 1. Institutions a. Institutional Environment i. Operational Stability for Businesses ii. Government Effectiveness b. Regulatory Environment i. Regulatory Quality ii. Rule of Law iii. Cost of Redundancy Dismissal c. Business Environment i. Policies for Doing Business ii. Entrepreneurship Policies and Culture 2. Human Capital & Research a. Education i. Expenditure on Education ii. Government Funding per Student iii. School Life Expectancy iv. PISA Scales in Reading, Maths, and Science v. Student-Teacher Ratio b. Tertiary Education i. Tertiary Environment ii. Graduates in Science and Engineering iii. Tertiary Inbound Mobility c. Research and Development (R&D) i. Researchers ii. Gross Expenditure on R&D iii. Global Corporate R&D Investors iv. Quacquarelli Symonds (QS) University Ranking 3. Infrastructure a. Information and Communication Technologies (ICTs) i. ICT Access ii. ICT Use iii. Government Online Service iv. E-Participation b. General Infrastructure i. Electricity Output ii. Logistic Performance iii. Gross Capital Information c. Ecological Sustainability i. GDP per Unit of Energy Use ii. Environmental Performance iii. ISO 14001 Environment 4. Market Sophistication a. Credit i. Finance for Startups and Scaleups ii. Domestic Credit to Private Sector iii. Loans from Microfinance Institutions b. Investment i. Market Capitalization ii. Venture Capital (VC) Investors iii. VC Recipients iv. VC Received c. Trade, Diversification, and Market Scale i. Applied Tariff Rate ii. Domestic Industry Diversification iii. Domestic Market Scale 5. Business Sophistication a. Knowledge Workers i. Knowledge-Intensive Employment ii. Firms Offering Formal Training iii. GERD Performed by Business iv. GERD Financed by Business v. Females Employed with Advanced Degrees b. Innovation Linkages i. University-Industry R&D Collaboration ii. State of Cluster Development iii. GERD Financed by Abroad iv. Joint Venture/ Strategic Alliance v. Patent Families c. Knowledge Absorption i. Intellectual Property Payments ii. High-Tech Imports iii. ICT Services Imports iv. FDI Net Inflows v. Research Talent 6. Knowledge & Technology Outputs a. Knowledge Creation i. Patents by Origin ii. PCT Patents by Origin iii. Utility Models by Origin iv. Scientist and Technical Articles v. Citable Documents H-Index b. Knowledge Impact i. Labor Productivity Growth ii. Unicorn Valuation iii. Software Spending iv. High-Tech Manufacturing c. Knowledge Diffusion i. Intellectual Property Receipts ii. Production and Export Complexity iii. High-Tech Exports iv. ICT Services Exports v. ISO 9001 Quality 7. Creative Outputs a. Intangible Assets i. Intangible Asset Intensity ii. Trademarks by Origin iii. Global Brand Value iv. Industrial Design by Origin b. Creative Goods and Services i. Cultural and Creative Services Exports ii. National Feature Films iii. Entertainment and Media Market iv. Creative Goods Exports c. Online Creativity i. Generic Top-Level Domains ii. Country-Code Top-Level Domains iii. GitHub Commits iv. Mobile App Creation Switzerland tops the GII rankings for the 13th year in a row, followed by Sweden, the United States, the United Kingdom, and Singapore. The top 10 economies are all high-income countries. Still, several middle-income countries are also performing well in innovation, such as Indonesia joining China, Türkiye, India, the Islamic Republic of Iran, and Vietnam as the most impressive innovation climbers of the last decade. For the 13th consecutive year, Switzerland ranks first in the GII. It is the global leader in innovation outputs, ranking first in both Knowledge and technology outputs and Creative outputs. Sweden overtakes the United States (US) to climb to second position. Sweden leads in Business sophistication (1st), Infrastructure (2nd), and Human capital and research (3rd). It holds top positions for its Researchers (1st) and Knowledge-intensive employment (3rd). The United States continues to head the league table of scoring best in the world in 13 of the 80 GII 2023 innovation indicators. It is number one in the world in indicators that include Global corporate R&D investors, Venture capital received, the quality of its universities, the combined valuation of its unicorn companies (a new GII indicator), software spending, and the value of corporate Intangible asset intensity. Singapore enters the top five leading in South East Asia, East Asia, and Oceania (SEAO) region economies. Finland (6th) gets closer to the top five, gaining three ranks this year. It comes top worldwide in Infrastructure (1st). Denmark (9th) and the Republic of Korea (10th) remain in the top 10. France (11th) gets closer, improving one rank this year, while Japan remains strong as the 13th most innovative economy. Israel re-enters the top 15, reaching 14th place. After a rapid ascent, gaining 23 positions over the last decade, China ranks 12th this year, dropping one rank relative to 2022. China remains the sole middle-income economy to secure a position among the top 30, retaining 3rd place in the SEAO region and top spot in the upper middle-income group. Apart from China, there are only four other middle-income economies among the top 40 economies, namely, Malaysia (36th), Bulgaria (38th), Türkiye (39th) and India (40th). Standout Countries’ 4-year Innovation Surge, 2019–2023 In the last four years, and since the pandemic, Saudi Arabia (48th), Brazil (49th), Mauritius (57th), Indonesia (61st), and Pakistan (88th) ascended most in the GII, in order of their rank progression. In 2019, Indonesia was ranked 85th with 29.7 points. In 2020, although the points decreased to 26.5, the ranking remained at number 85. The increase was only one point in the following years (2021-2022), but it was enough to increase the ranking to the top 75. Of course, The peak this year is 61st place with 31.3 points. Indonesia makes marked improvements in innovation outputs, notably in Knowledge Creation and Online Creativity. It excels in…

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The Coffee Business and Intellectual Property: A Perfect Blend

Intellectual PropertyBy AFFA IPR October 2, 2023

The Coffee Business and Intellectual Property: A Perfect Blend The world of coffee is a flavorful fusion of tradition and innovation. From unique blends to cutting-edge brewing methods, the coffee industry is rich with Intellectual Property opportunities. In this article, we’ll explore the various aspects of Intellectual Property, from Trademarks to Patents, Copyrights, and more, and how they’re intertwined with the coffee business. Whether you’re a coffee connoisseur or a seasoned roaster, here’s a breakdown of the fundamental Intellectual Properties related to the coffee industry: Trademarks Coffee Brand Names Trademarks protect the unique names and logos of coffee brands. Think of iconic brands like “Starbucks” or “Kapal Api.” Coffee Shop Names Trademarks also apply to coffee shop names, creating brand recognition for businesses like “The Coffee Bean & Tea Leaf” or “Kenangan Coffee.” Patents Coffee Brewing Technology Patents protect innovative coffee brewing methods and machines—for instance, the invention of the espresso machine in 1884 by an Italian inventor, Angelo Moriondo. Coffee Roasting Equipment Patents can cover advancements in coffee roasting technology, ensuring that unique processes are protected. Copyrights Coffee Art and Labels Coffee packaging often includes artistic designs and labels. Copyrights safeguard these creative elements. Coffee Literature Copyrights can apply to books, articles, or marketing materials related to coffee, including coffee history, brewing guides, and more. Trade Secrets Coffee Blends Coffee companies may have closely guarded trade secrets related to their unique coffee blends and recipes. Roasting Profiles The specific roasting profiles for different coffee beans can also be considered Trade Secrets. Geographical Indications Origin-Based Labels Some coffee regions, like Arabica Gayo coffee or Jamaican Blue Mountain coffee, are known for their distinct flavors. Geographical Indications protect these regional characteristics. Industrial Designs Coffee Machine Aesthetics The design of coffee machines, from espresso makers to grinders, can be protected by Industrial Design rights. Unique Packaging The distinctive packaging of coffee products, making them easily recognizable on store shelves, can also be registered as Industrial Design. Plant Variety Protection Unique Coffee Varieties: Specific coffee plant varieties may sometimes be protected to ensure that only authorized growers can cultivate them. For example, Gayo Arabica coffee has several varieties registered as Plant Variety Protection in Indonesia. Licensing & Franchising Agreements Distribution Rights To distribute a specific brand of coffee, you must obtain official approval from the owner, stating several details, such as distribution scope, licensing validity period, and how much royalties can be given. Franchising Coffee businesses with networked shops usually have a franchise agreement, where the franchisee has obtained permission from the franchisor with a registered Trademark to open a coffee shop based on a predetermined business model. From a coffee business, there are many additional opportunities to increase income from various existing Intellectual Property, and it would be a shame if they were not maximized. If you need further information about Trademark registration, Patent protection, or anything related to Intellectual Property, please do not hesitate to contact us via [email protected].

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Asia Business Law Journal Names AFFA IPR as The Top Law Firm in Indonesia for IP Enforcement

Intellectual PropertyBy AFFA IPR September 29, 2023

Asia Business Law Journal Names AFFA IPR as The Top Law Firm in Indonesia for IP Enforcement AFFA Intellectual Property Rights has been the fortress guarding our clients’ invaluable IP assets for over two decades. Our journey, which commenced in 1999 under the visionary leadership of our founder, the late Achmad Fatchy, has now found its course under the capable guidance of Emirsyah Dinar as Managing Partner and Fariz Syah Alam as Trademark Partner. With a formidable team of over 70 IP experts, we have consistently delivered unwavering support to our clients. We proudly serve a diverse clientele, ranging from esteemed government entities and state-owned enterprises to industry giants within Indonesia, extending our reach to East Timor and beyond. The faith bestowed upon us by our clients fuels our commitment to excellence. Winning an award from Asia Business Law Journal is a testament to your trust in us as your legal partner. This accolade is not just a token of recognition; it represents our unwavering dedication to delivering the best legal solutions to our valued clients like you. Asia Law Business Journal is highly regarded for its rigorous evaluation process, ensuring that only the most deserving firms and practitioners receive these honors. This award reaffirms our commitment to excellence and innovation in the legal field. We are truly grateful for your continued support and trust, and we look forward to achieving even more significant milestones together in the future.

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번역의 어려움 – 인도네시아 특허 번역본 제출에 대한 최종 가이드

Intellectual PropertyBy AFFA IPR September 28, 2023

번역의 어려움 – 인도네시아 특허 번역본 제출에 대한 최종 가이드 최근 몇 년간 인도네시아가 특허출원국으로 주목을 받으면서 점점 더 많은 국제출원 신청인이 국적국에서 또는 PCT 국제출원 방식으로 선출원을 통해 인도네시아에 특허출원을 제출했습니다. 그러나 특허 설명서, 청구범위, 그림 및 개요는 인도네시아어(바하사 인도네시아)로 번역되기 전에 다른 언어로 먼저 제출될 가능성이 높습니다. 특허청에 인도네시아어 번역본을 제출하는 법적 근거 특허 설명서, 청구범위, 그림 및 개요를 영어로 제출할 수 있는 세계의 다른 관할권과는 달리, 특허에 관한 법률 2016년 제13호 제34조에 따라 특허 설명서는 특허출원 신청서 제출일로부터 영업일 기준 30일 안에 인도네시아어로 번역되어야 합니다. 특허출원에 관한 법무 인권부 규정 2018년 제38호 또한 특허법이 규정한 요건을 강화합니다. 실무적인 측면에서 살펴보면, 심사관이 전술한 문서의 인도네시아어 번역본을 받아야 출원서를 적시에 효율적으로 심사할 수 있습니다. 번역본 제출 지연의 결과 출원 신청인이 정해진 기한 안에 번역본을 제출하지 못하는 경우, 특허출원이 철회된 것으로 간주합니다. 인도네시아어 번역본의 일반적인 문제 저희의 경험에 따르면, 심사관이 설명서, 청구범위, 그림 및 개요에 사용된 특정 기술 용어에 의견을 달리하는 몇몇 사례가 있었습니다. 이는 매우 흔하게 일어나고 일반적인 경우로, 신청인은 해당 용어를 사용하거나 이의를 제기할 수 있지만, 주장을 과학적으로 뒷받침할 수 있어야 합니다. 인도네시아어 번역이 적절히 이루어지지 않은(즉, 서투른 기계번역) 사례도 있었습니다. 항상 CAT(컴퓨터 지원 번역) 툴을 이용할 수 있는 능력을 갖춘 숙련된 특허 번역가와 협력하는 것이 최선입니다. 특허출원 신청서 및 번역본의 복잡성과 중요성을 고려하여 많은 신청인이 숙련된 인도네시아 변리사의 전문적인 도움을 구하고 있습니다. 이러한 전문가들은 번역을 포함한 전반적인 절차를 안내하여 현지 규정을 확실하게 준수합니다. 비용 고려사항 인도네시아에서 특허출원을 준비하는 경우 번역 서비스 비용이 발생할 수 있으므로 반드시 이 비용에 대한 예산을 책정해야 합니다. 귀하의 지적 자산을 효과적으로 보호하기 위해 고품질의 정확한 번역에 투자하는 것은 충분히 가치가 있습니다. 특허 설명서, 청구범위 및 그림을 인도네시아어 번역본으로 제출하는 것은 세부 사항에 주의를 기울이고 법적 요건을 준수해야 하는 세심한 과정입니다. 이는 인도네시아 시장에서 귀하의 지적 자산을 보호하고 귀하의 특허출원이 완전하고 유효한지 확인하는 데 중요한 단계입니다. 인도네시아에서 특허 제출에 관해 질문이 있는 경우 언제든지 [email protected]로 문의해 주십시오.

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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 PropertyBy AFFA IPR September 28, 2023

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。

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

Intellectual PropertyBy AFFA IPR September 26, 2023

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].

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形容词能否注册为商标？

Intellectual PropertyBy AFFA IPR September 25, 2023

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

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COSPLAY and Intellectual Property: Navigating the Legal Landscape

Intellectual PropertyBy AFFA IPR September 22, 2023

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…

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

Intellectual PropertyBy AFFA IPR September 21, 2023

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

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Media Missteps: 5 Intellectual Property Blunders to Avoid

Intellectual PropertyBy AFFA IPR September 18, 2023

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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