Page 21 – AFFA Intellectual Property Rights

Building ASEAN Competence in the World Through Geographical Indications

Intellectual PropertyBy AFFA IPR September 13, 2023

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 PropertyBy AFFA IPR September 11, 2023

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].

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印度尼西亚专利维持费实用指南

Intellectual PropertyBy AFFA IPR September 8, 2023

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 PropertyBy AFFA IPR September 8, 2023

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)

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A Comprehensive Trademark Registration Guide for Indonesian Companies in Thailand

Intellectual PropertyBy AFFA IPR September 6, 2023

Thailand is a crucial partner for Indonesian businesses, with bilateral trade between the two nations exceeding $18 billion in 2020. As the second-largest economy in Southeast Asia, Thailand offers Indonesian companies access to a sizable consumer market of over 69 million people. Its strategic location within the ASEAN region provides a gateway for Indonesian exports, making Thailand a pivotal trade partner. Moreover, Thailand’s investor-friendly policies have attracted over 600 Indonesian companies, highlighting its appeal as a destination for Indonesian investments. This economic synergy, along with trade agreements and a well-established infrastructure, underscores Thailand’s significance for Indonesian businesses aiming to expand their reach in Southeast Asia and beyond. Why Register Your Trademark in Thailand? Registering a Trademark is one of the first things to be done to establish effective protection in Thailand or internationally. An unregistered sign, logo, or name will not receive the same rights and status as a registered mark. Since Thailand adopted a first-to-file Trademark system, a Trademark may be at risk of being taken by other competitors if not registered in time. Trademark According to Trademark Act B.E. 2534 in Thailand A Trademark is a mark that identifies the origin of the goods or services and can be distinguished from other Trademark owners. The mark may be a name, drawing, logo, word, letter, combination of colors, or a combination of several of these elements. A Trademark is a mark used for a product and it is an indication that the product with such a Trademark is different from products of other Trademarks. A Service Trademark is a mark used for a service and is an indication the service with such a service mark is different from services of other service marks. A Certificate Mark is a mark used by the owner to certify the origin, composition, method of production or characteristics of the goods or services of another person. A Collective Mark is a Trademark or service mark used by companies or enterprises of the same group or by members of an association, cooperative, union, state, or private organization. Trademarks consisting of certain characteristics are forbidden under the Trademark Act. These characteristics include: Any mark contrary to public order, moral, or public policy; Marks that are identical to marks prescribed by Ministerial notifications; National flags or emblems of Thailand, royal standard flags, national flags and emblems of foreign states or international organizations; Royal names or monograms; or Marks that are similar to medals, diplomas, or certificates issued by the Thai government or Thai government agency. How do you register a Trademark in Thailand? Trademarks are registered with the Department of Intellectual Property (DIP). Applicants must have a fixed address in Thailand. Non-residents can only register by appointing a legal representative with a fixed address in Thailand. Filing an Application An application must be submitted to DIP. The registrar will notify the applicant or its representative of the result of the Trademark Examination within 12 to 18 months. If the application is deemed by the registrar to be registerable, the Trademark will be published for a 60-day period to make sure there is no third-party opposition. If the registrar deems the Trademark unregistrable, a rejection notification will be provided along with a reason for the basis of that rejection. Trademark Application Timeline The entire process takes about 1 year from the date of filing to obtaining the certificate, presuming there is no office action or request for amendment of the application. However, the Trademark protection period begins on the days of submission of the application for 10 years and may be renewed. Priority Claim A priority claim is when an application is filed for the first time in one country, and the applicant would like to retain a right of priority to the date of first filing applications for other countries. To claim priority, an application must be filed in Thailand within 6 months from the first foreign filing date (priority date). Required Documents for Priority Claim The original certified copy of the foreign application (issued by the foreign Trademark Office); The statement asserts that the former application has not been abandoned or withdrawn (original required). A priority claim application must be submitted in Thai language at the time of the filing. Late filing of these documents is possible upon request, and 60 days from the date of filing is allowed for late submission of documents. Renewals A registered Trademark may be renewed. A request for renewal can be filed 3 months before the expiration date of that Trademark. Late renewal is possible within the 6 months from the expiration date. The late renewal period of 6 months is also known as the grace period, and a penalty of 20% of the official fees must be paid. Fast-Track Applications Thailand Department of Intellectual Property introduced a new fast-track system for Trademark renewals and registration while the official fees remain the same. Fast-Track Renewal can be shortened from 60 days to 60 minutes, applicable for renewal requests for Trademarks of no more than 30 items of goods and services, and under the condition that there are no changes to those items. For Fast-Track Registration, the Trademark Examination period can be shortened from around 12 months to around 6 months. Two conditions must be fulfilled to accelerate Trademark examination under this system: The application is filed for no more than 10 items of goods and services and the items must be obtained from DIP’s list. The application must not be amended after filing. Trademark Assignment Assigning or inheriting a Trademark must be registered with the registrar of the DIP. It may be an assignment of a Trademark Application or a Registered Trademark, or an assignment of specific classes or items. Required Documents for Trademark Assignment Copy of the assignor and assignee’s national ID card or other ID card issued by a governmental agency. Copy of the assignor and assignee’s passport in case of a…

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特许人在印度尼西亚开展业务前应满足的7个条件

Intellectual PropertyBy AFFA IPR September 6, 2023

知识产权在特许经营业务中发挥着重要作用，在印度尼西亚，特许经营称为 “Waralaba”。“该特许经营商标注册了吗？”这个问题对授予特许者（特许人）非常重要，它是检验商标有效性的首要问题。从投资者（加盟商）的角度来看，在印尼经营特许经营业务似乎很有前景。因为我们得到了快速投资回报率的“自动经营” 业务的承诺！只需投入一些资金，收入就会源源不断，这归功于我们获得的特许经营权。特许经营的提议如雨后春笋般涌现，在各种特许经营展览会上，很容易就能找到诱人的商业提案，包括由知名艺术家支持的新公司的提案。但要考虑的是，我们所关注的公司所提供的业务值得称为特许经营吗？假冒特许经营商会有什么法律后果吗？特许经营的定义根据《印度尼西亚共和国政府条例》（2007 年第 42 号，关于特许经营）第 1 条和《印度尼西亚共和国贸易部长条例》（2019 年第 71 号，关于实施特许经营）第 1 条，特许经营是指个人或企业实体对具有商业特征的商业系统所拥有的特殊权利，目的是销售成功的商品和/或服务，其他各方可根据特许经营协议利用和/或使用这些商品和/或服务。特许经营必须满足的 7 项标准《政府条例》第 3 条 2017年底42号关于特许经营以及《贸易部长条例》第 10 条 2019年第71号关于实施特许经营规定了具有特许经营概念的企业必须满足的明确标准，具体如下： 1. 具有商业特色鲜明特点的企业，是指与其他同类企业相比，具有不易被模仿的优势或差异，并使消费者青睐这些特点的企业。例如，特许经营人（特许人）特有的管理系统、销售和服务方法，或结构或分销方法。 2. 盈利证明该证明指特许人在经营过程中积累大约 5 年的经验，并掌握了克服困难的经营诀窍，从而实现继续生存和发展，并实现盈利。 3. 以书面形式制定所提供商品和/或服务的服务标准这项规定要求特许经营公司制定 SOP（Standard Operational Procedure标准操作程序），以便加盟商在统一框架内开展业务。因此，若不具备 SOP，就不能称之为特许经营。 4. 易于教学和应用特许经营业务的好处在于，没有类似业务经验或知识的加盟商可以根据特许人提供的持续经营和管理指导很好地开展业务 5. 持续支持此外，特许人不应袖手旁观，因为它有义务不断向加盟商提供经营指导、培训和宣传。 6. 已注册的知识产权确保您审查的特许经营公司已注册与业务相关的知识产权，如商标、版权、专利和商业秘密，并提供证书所有权证明，或正在授权机构进行注册，具体指印度尼西亚共和国法律和人权部知识产权总局（DJKI）。 7. 拥有STPW（特许经营注册证书）《贸易部长条例》第 10 条第 71号2019年要求特许人机加盟商拥有 STPW。要获得本STPW，特许人必须有特许经营招股说明书，否则特许人加盟商之间不得签订特许经营协议。注意，若将来特许人的知识产权（IPR）注册未获批准或过期，STPW 将失效。因此，鉴于知识产权在特许经营业务中的重要性，必须一开始就提出“您的企业是否已在知识产权总局（DJKI）注册商标？”的问题。在辨别假冒特许经营权时，注意以下一些重要事项：真正的特许经营不会承诺自动经营印度尼西亚特许经营协会（AFI）主席阿南–苏坎达尔（Anang Sukandar）在组织国际特许经营展览会时警告说：“我们不应被敷衍了事的方法所迷惑。在生意场上，不会自动经营。自动驾驶只存在于航空领域，在商业领域不存在。” 因此，千万不要以为特许经营企业就像投资黄金一样，不按照经营流程就能持续上涨。因为你可能被当作猎物，这样特许人就可以在将来亏损时逃脱惩罚。例如，说明你所处的位置并不有利。印度尼西亚特许经营支持国内生产不要被以销售进口原材料为主要吸引力的特许经营店所诱惑。因为《特许经营条例》第 9 条规定，只要符合特许人书面规定的商品和/或服务质量标准，特许人和加盟商应优先使用国产商品和/或服务。通过更好地了解特许经营业务的复杂性，在选择特许经营业务时就会更多选项。看似非常诱人的商业提议可能只是合伙提议，并不符合印度尼西亚共和国政府的《特许经营条例》。注意，使用不符合上述标准的 “特许经营 “可能会受到行政处罚，应根据法律法规的规定，推荐发证官员吊销营业执照和/或经营/商业执照。换句话说，您付出的巨额投资最终可能会亏损，不是因为缺少买家，而是因为忽略了对特许经营强制要求的检测。如需更多有关印度尼西亚或全球特许经营的信息和帮助，请通过以下方式联系我们[email protected]. 来源：政府条例 2007 年第 42 号关于特许经营贸易部长条例 2019年第71号关于实施特许经营

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7 Things That A Real Franchise Should Have in Indonesia

Intellectual PropertyBy AFFA IPR September 4, 2023

Intellectual Property Rights have an essential role in the Franchise business in Indonesia. The question “Does your Franchise already register your Trademark?” becomes very relevant to test its legitimacy as an initial question to the Franchisor. Running a Franchise business in Indonesia, from an investor’s point of view or as a Franchisee, at first glance, looks promising because we are promised an “auto-pilot” business with a quick return on investment! Without a million-dollar investment, you will have continuous cash flow in returns with the help of the big name of the Franchise that we take. Franchise offers are increasing, including at various Franchise exhibitions. We can easily find lucrative business proposals from new companies with well-known artists behind them. However, we need to pay attention to whether the business offered by the companies we aim for is worthy of being called a Franchise. Are there any legal consequences for fake Franchise businesses? Definition of Franchise in Indonesia According to Article 1 of the Government Regulation of the Republic of Indonesia Number 42 of 2007 concerning Franchising and Regulation of the Minister of Trade of the Republic of Indonesia Number 71 of 2019 concerning the Implementation of Franchising, what is meant by Franchising is a Special Right owned by an individual or business entity towards a business system with business characteristics, to market goods and/or services that HAVE PROVEN SUCCESS and can be utilized and/or used by other parties based on the Franchise Agreement. 7 Criteria that Franchisees Must Fulfill Article 3 Government Regulation No. 42 of 2007 concerning Franchising and Article 10 of the Minister of Trade Regulation No. 71 of 2019 concerning the Implementation of Franchises provides clear criteria regarding things that must be fulfilled by businesses that use the Franchise concept, as follows: 1. Has Distinctive Business Characteristics Businesses with distinctive characteristics have advantages or differences that are not easily imitated compared to similar companies, making consumers always look for those characteristics. For example, the Franchisor’s unique characteristics are management systems, sales and service methods, or arrangement or distribution methods. 2. Proven to Provide Benefits This evidence refers to the experience of the Franchisor, who has been running for approximately 5 (five) years. It already has business tips for overcoming problems in its business so that it can continue to survive, grow, and be profitable. 3. Has Service Standards for the Goods and/or Services Offered which are Made in Writing This rule requires a Franchise to have a certain Standard Operational Procedure (SOP) so that the Franchisee can carry out business within a clear and the same framework. Therefore, it is only a Franchise if it is equipped with SOP. 4. Easy to Teach and Apply The pleasant thing about the Franchise business is that Franchisees who do not have experience or knowledge of similar businesses can carry it out well through the Franchisor’s continuous operational and management guidance. 5. Provide Continuous Support Apart from point number four, the Franchisor must be very helpful because it must continuously provide operational guidance, training, and promotions to the Franchisee. 6. Registered Intellectual Property Rights Make sure that the Franchise you are seeking has registered Intellectual Property Rights (IPR) related to the business, such as Trademarks, Copyrights, Patents, or Trade Secrets, with proof of certificate ownership or is in the process of registering with the authorized agency in this case, the Directorate General of Intellectual Property (DGIP), Ministry of Law and Human Rights of the Republic of Indonesia. 7. Has an STPW (Franchise Registration Certificate) Article 10 Regulation of the Minister of Trade of the Republic of Indonesia No. 71 of 2019 requires Franchisors and Franchisees to have STPW. To obtain this STPW, the Franchisor must have a Franchise Offer Prospectus, because without it a Franchise Agreement cannot be made between the Franchisor and the Franchisee. It should also be noted that the STPW is declared invalid if in the future the registration of IPR (eg. Trademark) by the Franchisor is not approved or the validity period of the IPR expires. Therefore, given the importance of Intellectual Property in a Franchise business, the question “Does your Franchise already register your Trademark?” must be asked from the start. Furthermore, some essential things that you should also pay attention to when sorting out fake Franchises are: True Franchises Don’t Promise Auto-Pilot At the recent international Franchise exhibitions, Chairman of the Indonesian Franchise Association (AFI) Anang Sukandar warned, “We should not be lulled into instant ways. In business, you can’t have auto-pilot business. Auto-pilot only exists in the world of aviation, not in business.” So don’t ever think that a Franchise business is like investing in gold, which can continue to rise without following the business process. If your Franchisor is offered that way, perhaps you are being used as prey, and the Franchisor can be irresponsible when you lose money in the future, for example, by giving reasons that your location is not in a profitable area. Indonesian Franchise Supports Domestic Production Take your time to be tempted by Franchises that sell imported raw materials as their main attraction. Article 9 of the Government Regulation concerning Franchising states that the Franchisor and the Franchisee prioritize using domestically produced goods and/or services as long as they meet the quality standards of goods and/or services stipulated in writing by the Franchisor. By better understanding the ins and outs, you can be more selective in choosing a Franchise business. The business offer that looks very tempting could be just a partnership offer that does not follow the Republic of Indonesia Government Regulations on Franchising. So that you know, the use of the term Franchise that does not meet the above criteria may be subject to administrative sanctions in the form of recommendations for revocation of business permits and/or operational/commercial permits to issuing officials according to the…

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Bogey Business: The Rough Ride of Counterfeit Clubs and Apparels in Indonesia

Intellectual PropertyBy AFFA IPR September 1, 2023

Indonesia, renowned for its breathtaking landscapes and intricate cultural tapestry, has recently seen an unwelcome trend infiltrating its golfing community: the proliferation of counterfeit golf clubs and apparel. As the sport’s popularity continues to surge in the archipelago, the market for cheaper alternatives has thrived. But this search for affordability might come at a greater cost, not only affecting the game’s quality but also influencing social perceptions within the golfing circle. Unfortunately, counterfeit clubs and apparel are widely found both online and offline. Several Instagram pages in Indonesia have been educating consumers about the differences between the original products and the counterfeit ones. 1. Game Integrity at Risk Counterfeit golf clubs, often made of subpar materials and lacking in technological advancements, don’t perform at the same level as their genuine counterparts. Clubs are specifically engineered for precise weight distribution, flexibility, and balance. When one uses a counterfeit, they’re risking unpredictable ball trajectories, reduced shot distances, and less forgiving mishits. This makes it extremely difficult for players to refine their skills and achieve consistency. Such inconsistencies not only frustrate players but can also lead to a lack of confidence in their abilities. For those unaware they are using counterfeit equipment, it may seem like their skills are at fault rather than the club. 2. Social Judgments on the Fairway In golf, much like other sports, there’s an unspoken code of conduct, respect, and a shared pursuit of authenticity. Using genuine equipment signifies a commitment to the game and its traditions. Therefore, when someone knowingly or unknowingly sports counterfeit gear, it can be met with skepticism and judgment from peers. This judgment can manifest in various ways: silent side glances, hushed conversations at the clubhouse, or even outright confrontations on the course. Counterfeit apparel and clubs may unwittingly label a player as inauthentic or as someone who doesn’t value the true essence of the game. 3. Impact on Authentic Brands and Local Economy The spread of counterfeit products doesn’t only impact players and their social standing; it also affects genuine brands that invest heavily in research and development. These brands rely on sales to fund their innovation, and counterfeit sales undermine this. Furthermore, local retailers selling genuine products are undercut by these cheaper alternatives, leading to potential business closures and loss of employment. 4. Way Forward Addressing the issue requires a multi-faceted approach. First, awareness campaigns can educate players about the downsides of counterfeit equipment. Golf clubs and associations can also play a pivotal role by organizing equipment verification days or partnering with brands for authentic equipment promotions. Moreover, stricter regulations and better enforcement can curb the import and sale of counterfeit golf products. Collaborative efforts between the government, industry stakeholders, and the golfing community can create a robust defense against this rising challenge. In conclusion, while the allure of affordable golf clubs and apparel might seem tempting, the repercussions go beyond just an individual’s game. A collective effort is needed to preserve the integrity of the sport and maintain the respect and camaraderie that golfers share in Indonesia and around the world. Should you require further information and assistance regarding IP infringements related to golf clubs and apparel in Indonesia, please get in touch with us at [email protected], [email protected], and [email protected]. Source: Instagram GOLFELLAS

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在印度尼西亚申请工业设计时评估新颖性的四个重要条件

Intellectual PropertyBy AFFA IPR September 1, 2023

在不断发展的工业创新景观中，保护知识产权变得非常重要，它有助于培育创意并推动经济增长。在众多的知识产权制度中，工业设计在保护您的产品的美学和视觉方面起着重要的作用。在印尼，如同在许多国家一样，”新颖性”的要求是为设计师和创新者提供法律保护的基础。本文将帮助您了解印度尼西亚工业设计的新颖性条件的重要性，以及它对设计师和商业人士的影响。印尼工业设计的定义根据《2000年第31号关于工业设计的法律》第1条，工业设计是关于形状、配置或线条或颜色的创作，或线条和颜色的组合，其形式为三维或二维，能够营造美感，并可以在三维或二维模式中实现，以及可以用于生产某种产品、商品、工业商品或手工艺品。总的来说，这部工业设计法为保护设计免受非法使用或复制提供了法律框架。新颖性：工业设计保护的核心工业设计保护的核心在于其新颖性要求。在印尼，为了满足保护要求，设计必须具有新颖性。在这里，新颖性意味着该设计在申请日期或优先权日期之前，从未在全球任何地方向公众公开。这一要求强调了设计的原创性，确保申请保护的设计为消费者带来不同的全新视觉感受。重要条件即使一个工业设计与其他设计相似，只要其差异能显著到赋予新设计独特的特性，它也可以被认为是新颖的。工业设计的新颖性是全球性的。也就是说，一个在印尼新颖的设计如果在其他国家已经公之于众，那么它就不再被视为新颖。如果工业设计在国内外向公众公开，其新颖性可能会丧失。这可以通过在国内或国际上的正式展览中发生。如果工业设计由其所有者在教育、研究或开发目的的试验中向公众公开，其新颖性也可能会丧失。然而，对于上述第3和第4点，存在一个6个月的宽限期，在这期间，工业设计可以向公众公开而不丧失其新颖性。这个宽限期旨在允许设计师在提交保护申请之前，从他们的目标市场获得关于他们设计的反馈。如果您对印度尼西亚或其他国家的工业设计新颖性有其他问题，请随时通过电子邮件[email protected]与我们联系。我们的微信是 AFFA IPR. 来源: 《2000年第31号关于工业设计的法律》

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The 4 Key Factors that Determine Industrial Design Novelty in Indonesia

Intellectual PropertyBy AFFA IPR August 30, 2023 2 Comments

In the ever-evolving landscape of industrial innovation, protecting Intellectual Property Rights is paramount to fostering creativity and encouraging economic growth. Among the various forms of Intellectual Property, Industrial Design plays a crucial role in safeguarding the aesthetic and visual aspects of products. In Indonesia, as in many countries, Industrial Design novelty requirements serve as a foundation for granting legal protection to designers and innovators. This article delves into the significance of Industrial Design novelty requirements in Indonesia, exploring their implications for creators and businesses alike. Industrial Design in Indonesia: A Brief Overview Industrial Design refers to an article’s ornamental or aesthetic aspect, encompassing its visual appearance and features. It is not concerned with the technical or functional aspects of the product. In Indonesia, Industrial Design protection is governed by Law No. 31 of 2000 concerning Industrial Designs. This legal framework provides creators with the means to protect their original designs from unauthorized use or reproduction. Novelty Requirements: The Bedrock of Design Protection At the heart of Industrial Design protection lie the novelty requirements. In Indonesia, to qualify for protection, a design must meet the criterion of novelty. Novelty, in this context, means that the design has not been disclosed to the public anywhere in the world before the filing date or priority date of the application. This requirement emphasizes the originality of the design, ensuring that it brings a new and distinct visual impression to consumers. The Key Factors An Industrial Design can be new even if it is similar to another design, as long as the differences are significant enough to give the new design an individual character. The novelty of an Industrial Design is assessed on a global basis. This means that a design that is new in Indonesia may not be new if it has been made available to the public in another country. The novelty of an Industrial Design can be lost if it is disclosed to the public through nationally and internationally recognized exhibitions. The novelty of an Industrial Design also can be lost if it is disclosed to the public by the owner in the framework of an experiment with the purpose of education, research, or development. However, for points 3 and 4 above, there is a six-month (6-month) grace period during which an Industrial Design can be made available to the public without losing its novelty. This grace period is intended to allow designers to test the market for their designs before applying for protection. If you have any questions about Industrial Design novelty in Indonesia or abroad, don’t hesitate to contact us at [email protected]. Sources: Law No. 31 of 2000 concerning Industrial Designs

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