Complete Guide to Drafting a Patent Description in Indonesia - AFFA IPR

Complete Guide to Drafting a Patent Description in Indonesia

Patent, Intellectual Property

Drafting a well-structured and accurate Patent description is a crucial step in the Patent application process. This description serves to provide a detailed explanation of the invention to be patented, including its advantages and working principles.   Here is a comprehensive guide on the essential elements that must be included in a Patent description, along with examples!   Title of the Invention The title of the invention must be concise, clear, and reflect the essence of the innovation being submitted. This title will serve as the identity of the registered invention.Example: “Nano-Technology-Based Air Filtering Device” Technical Field of the Invention This section explains the field of technology related to the invention.Example: “This invention relates to air filtration technology, more specifically to an air filtration system using nano-based materials to enhance micro-particle filtration efficiency.” Background of the Invention This section must describe the problems present in previous technologies and how the proposed invention provides a solution.Example: “Current air filtration technology still has several drawbacks, such as limitations in filtering ultra-fine particles and high production costs. Patent Number XXXX has disclosed filtration technology using activated carbon, but this method is still ineffective in capturing particles smaller than 0.3 microns. This invention aims to overcome these issues by developing a nano-material-based filter that is more efficient.” Brief Description of the Invention This section should explain the main objectives of the invention and its key components.Example: “This invention aims to improve the effectiveness of air filtration systems by using nano-based materials with smaller pores compared to previous technology. The filter consists of (a) a nano-fiber layer, (b) a polymer-based support structure, and (c) a multi-stage filtration system characterized by an increased filtration efficiency of up to 99.9%.” Brief Description of the Drawings If the invention requires illustrations to explain its components, this section must provide a concise description of the included figures.Example: Figure 1: A perspective view of the air filtering device. Figure 2: A block diagram of the filtration system. Figure 3: A flowchart of the air filtration process.  Detailed Description of the Invention This section explains in detail how the invention works, including its technical specifications.Example: “Referring to Figure 1, the air filtering device consists of three main layers: a nano-filtering layer (101), a polymer-based support structure (102), and an air ventilation system (103). The nano-filtering layer functions to capture ultra-fine particles with high efficiency. The polymer-based support structure allows installation flexibility and increases product durability. The air ventilation system ensures optimal airflow distribution within the room.” Claims Claims are the most critical part of the Patent document as they define the boundaries of Patent protection.Example: An air filtering device comprising: A nano-fiber layer for capturing micro-particles, A polymer-based support structure, An optimized air ventilation system, characterized by an increased filtration efficiency of up to 99.9%.An air filtering device comprising:  The air filtering device according to claim 1, wherein the nano-fiber layer has pore sizes ranging between 10-50 nanometers. Abstract The abstract provides a concise overview of the invention and its function.Example: “This invention relates to a nano-technology-based air filtering device that enhances the efficiency of ultra-fine particle filtration. The device consists of a nano-fiber layer, a polymer-based support structure, and an air ventilation system designed to optimize airflow distribution. This technology enables high-efficiency air filtration with lower production costs.”   You might also want to read: 5 Stages of Patent Registration Process in Indonesia   All the information above is included in a document titled “Description.” By drafting a Patent description according to this guide, applicants can ensure that their invention is clearly documented while also facilitating the examination process. Ultimately, this leads to faster and more optimal legal protection.   You can also find examples of international Patent descriptions on patents.google.com.   Should you need more information on Patent registration and/or protection in Indonesia or abroad, you can contact us directly via email: [email protected].

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Calendar Days vs Working Days: Understanding Trademark Refusal Deadlines in Indonesia - AFFA IPR

Calendar Days vs Working Days: Understanding Trademark Refusal Deadlines in Indonesia

Intellectual Property, Trademark

Under Article 1 Point 22 of the Indonesian Trademark Law, the term “days” mentioned in this law refers to working days, not calendar days. However, this information can sometimes become unclear when conveyed as brief notices to IP owners or their representatives abroad. This misunderstanding often leads to incorrect expectations about the speed of application processing or even delays in document preparation, resulting in unnecessary losses.   How to Differentiate Calendar Days from Working Days?   For example, Article 24 of the Trademark Law states, “Within a maximum period of 30 (thirty) days from the date of sending the notification letter regarding an application that cannot be registered or has been rejected, the applicant or their representative may submit a written response stating their reasons,” the 30-day period here does not mean one month. Instead, it could extend to 1.5 months.   Here’s the calculation: 30 days = 30 working days Working days = Monday – Tuesday – Wednesday – Thursday – Friday (5 days per week) Thus, 30 working days = 6 weeks (30 ÷ 5) If converted into total days, it becomes 6 × 7 = 42 days Or approximately 8 weeks = 1.5 months (42 ÷ 5).   However, the exact duration will depend on whether the period includes February or months with only 30 days. It is also necessary to consider whether the period consists of public or national holidays.   What About Trademark Application Refusals Filed Through the Madrid Protocol? Example of a Trademark Refusal Notification Sent by WIPO for an Application Filed Through the Madrid Protocol   If your Trademark is filed through the Madrid Protocol, designating Indonesia as one of the target countries, and it gets refused, the World Intellectual Property Organization (WIPO) will send a complete notification, specifying: The date on which the time limit to reply begins The time limit to reply The final deadline to respond   However, the information provided by WIPO is not entirely accurate because it calculates 30 calendar days instead of 30 working days as stipulated by the Indonesian Trademark Law. This means that the deadline stated in the sample letter—February 12, 2025—is incorrect. The actual deadline should be February 21, 2025. There is a discrepancy of nine calendar days between the date stated in WIPO’s notification and the actual deadline.   Calculating deadlines based on working days may seem beneficial as it provides a longer timeframe. However, if you are looking for a faster resolution, you must be prepared for a longer waiting period, especially if there are additional public holidays not reflected in international calendars.   EXCEPT when the regulation specifies a time limit in months. For example, the period for applicants or their representatives to file an objection against an Official Trademark Gazette Announcement. According to Article 17 of the Trademark Law, it states:   “An objection shall be submitted in writing within a maximum period of 2 (two) months from the date of sending the copy of the objection received.”   In this case, you should interpret it as two full months in calendar days. Thus, your deadline is strictly 2 × 30 days, not 2 × 45 days.   To avoid such confusion, you should contact a trusted Trademark Consultant in Indonesia. With its integrated system, you will always be informed about the latest status of your Trademark. By understanding these deadlines, you can better plan and prepare the necessary budget and documents.   You might also want to read: Indonesia in BRICS: A Golden Opportunity for Further Trademark Protection Should you need more information regarding the trademark registration and protection process in Indonesia or globally, feel free to contact us via email: [email protected].

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Steps to Take When a Patent Application is Deemed Withdrawn in Indonesia - AFFA IPR

Steps to Take When a Patent Application is Deemed Withdrawn in Indonesia

Patent, Intellectual Property1 Comment

Document completeness and compliance with regulations are crucial in the Patent registration process. If there are deficiencies in the documents or if certain requirements are not met, the Patent application may be considered withdrawn by the Directorate General of Intellectual Property (DGIP) in Indonesia. So, what steps should the applicant take next?   When a Patent application is considered withdrawn, the applicant will receive a “Notification of Patent Deemed Withdrawn” from DGIP, meaning that the application will not proceed further.   However, if the applicant wishes to continue the examination process, the applicant must immediately submit a “Request for Further Examination.” This request must be filed within a maximum of six (6) months from the issuance date of the Notification of Considered Withdrawal.    Additionally, the applicant must pay an additional fee of 50% of the application fee to submit the Request for Further Examination. After submission, the applicant will need to wait for a response from DGIP’s Formality Section, which will review the application and decide whether the Patent examination process can proceed.   Therefore, if you face challenges in completing the required documents or drafting a proper Patent application, it is highly recommended to consult with a trusted Patent Consultant to navigate this issue effectively. Otherwise, the applicant risks losing Patent rights and suffering financial losses, as the initial registration fees that have been paid will not be refunded (forfeited).   You might also want to read: 5 Stages of Patent Registration Process in Indonesia Should you need more information about Patent applications in Indonesia or globally, feel free to contact us at [email protected].

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5 Stages of Patent Registration Process in Indonesia - AFFA IPR

5 Stages of Patent Registration Process in Indonesia

Patent, Intellectual Property3 Comments

Five stages must be completed to register a Patent in Indonesia. These stages apply to both Patents and Utility Models, but there are significant differences in processing time. A Utility Model can be completed in less than a year, whereas a Patent typically takes more than two years.   What are the differences, and what documents need to be prepared? This article provides a detailed breakdown.   Difference Between a Patent and a Utility Model Before proceeding, it is important to distinguish between Patents and Utility Models: Patent: A new invention that involves an inventive step and is industrially applicable. Utility Model: A new invention that develops an existing product or process and is industrially applicable.   The key distinguishing factor between the two is the “inventive step.” This refers to an unexpected or non-obvious aspect of the invention, even for a person skilled in the relevant technical field.   Required Documents for Patent or Utility Model Registration   Once you determine whether your invention falls under a Patent or a Utility Model, you need to prepare the following documents:   Patent Description Document (Description, Claims, Abstract, and Drawings) in PDF format, following the applicable regulations. Deed of Assignment from the Inventor to the Applicant, which includes: Name and Address of the Applicant Name and Address of the Inventor Title of the Invention Signatures of all Inventors Duty Stamped Statement of Invention Ownership by the Inventor, signed by all inventors and stamped, except for Patent Applications filed through the PCT. Institution Establishment Document (if applicable). Payment of Application Fees.   5 Stages of the Patent Registration Process Stage Patent Utility Model 1 Application (Formal Examination) 0-6 months 0-28 days 2 Waiting Period* 6-18 months 14 days 3 Publication 6 months 14 days 4 Substantive Examination Max. 30 months Max. 6 months 5 Certificate Issuance 2-3 months 1-2 months   *) The Waiting Period is the time allotted for making changes or corrections to the application before it is published to the public. For example, if there are errors such as the following, your application may fail the Formal Examination: Inconsistent title between the Invention Title, Description Title, Abstract Title, and the title stated in the Deed of Assignment and Ownership Statement. Incorrect description format that does not comply with the required standards. All inventors have not signed and stamped the Ownership Statement and/or Deed of Assignment. Failure or delay in paying the Substantive Examination fee.   Failure to address these deficiencies will result in the Patent application being considered withdrawn. However, if you require faster publication for any reason, you may request an accelerated publication, which is subject to an additional fee.   The Patent Description is also a crucial factor in ensuring the completeness of a Patent application. We will discuss the proper format and preparation in our next article.   You might also want to read: Indonesia’s Patent Law Amendment: Excluded Inventions and Change in Novelty Grace Period Should you need more information about Patent protection in Indonesia or globally, feel free to contact us at [email protected].

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5 Steps to Avoid Copyright Issues for Your Product Illustrations - AFFA IPR

5 Steps to Avoid Copyright Issues for Your Product Illustrations

Intellectual Property, Copyright

Being inspired by, imitating, modifying, or even duplicating someone else’s work without permission—whether it’s well-known or not—can lead to serious legal consequences, including up to 4 years in prison or a fine of 1 billion Rupiah!   This is because Copyright Law grants Exclusive Rights only to the Original Creator, ensuring that they alone can claim economic benefits from their work.   In other words, if you profit from someone else’s creation without permission, the rightful owner can file an objection, send a legal notice (cease-and-desist), or take further legal action against you.   However, exceptions exist if your use of the work is non-commercial, educational, for criticism, or news reporting, provided it is done fairly and does not harm the creator.   But what if you genuinely didn’t know that a design submitted by your designer or illustrator infringed on someone else’s work?   Here are 5 essential steps you can take to review and evaluate whether a work violates copyright or not.   Does the Work Resemble a Popular Character?  A popular character isn’t just limited to animated movie figures or superheroes like Batman, Superman, or Ultraman. Even public figures or athletes with recognizable faces and signature poses cannot be used without permission.  To avoid issues, ask your designer about the initial sketches and the creative process behind the work. Use Reverse Image Search  Utilize tools like Google Reverse Image Search, TinEye, or Yandex Image Search to check if similar images already exist online.  If you find the design in stock image websites, art platforms, or other media, ensure that your illustrator didn’t just copy or slightly edit the image without significant modification. Avoid Copying the Style of Famous Illustrators  Some illustrators have highly distinctive and well-known styles, such as Loish, Kim Jung Gi, Greg Rutkowski, Hajime Sorayama, and others whose works frequently appear on book covers, games, or movies.  If the submitted artwork strongly resembles their style without permission, it could be considered Copyright Infringement or a Trade Dress violation (protection against copying distinctive design elements). Ensure All Design Elements Have Proper Licenses  Certain fonts or typefaces require a paid license. If your designer uses a premium font without a valid license, you could face legal action.Similarly, elements like brushes, textures, or patterns may also have specific usage rights. Always verify that all components in the design are legally licensed. Create a Written Agreement with Your Illustrator  Draft a contract stating that the work is 100% original and not derived or modified from another source without permission.This ensures that the illustrator is legally accountable if copyright infringement issues arise due to their work.   Remember, a work is automatically protected by copyright the moment it is published. You cannot claim that your use is valid simply because the work was never officially registered or originates from a different country with a separate market.   If you must or want to use an existing work for commercial purposes, the only legal solution is to contact the original creator and negotiate a licensing agreement.   This agreement would require you to pay royalties to the rightful owner. By obtaining proper licensing, you can legally collaborate with the original creator and promote the work openly—without fear of legal consequences.   You might also want to read: Indonesia’s Copyright Dilemma: When Good Intentions Pave the Way to (Unintended) Infringement Should you need more information regarding Copyright protection both domestically and internationally, you can contact us directly via email at [email protected].

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AFFA Represents APRIL International Enterprise Pte. Ltd. to Win a Trademark Non-Use Cancellation Action in Indonesia - AFFA IPR

AFFA Represents APRIL International Enterprise Pte. Ltd. to Win a Trademark Non-Use Cancellation Action in Indonesia

Intellectual Property, Trademark

In today’s increasingly competitive business environment, Trademark protection is a key factor in maintaining a company’s identity and competitive advantage. However, Trademark registration often faces obstacles due to the existence of previously registered Trademarks that, in reality, are not being used. This was the case with PRINT ONE, where AFFA successfully represented APRIL International Enterprise Pte. Ltd., the owner of the well-known brand PAPER ONE, in winning a Trademark non-use cancellation action against PRINT ONE, which had long been unused in Indonesia, based on prior investigation results.   The case began when APRIL International Enterprise Pte. Ltd. filed a Trademark application for “PRINT ONE” under Application Number DID2021062992 with the Directorate General of Intellectual Property (DGIP) in 2021. However, the application was rejected by DGIP because it was considered similar to the “PRINT ONE,” which had been registered under PT Daksa Sinergi since May 12, 2020.   An independent investigation revealed that the PRINT ONE Trademark had never been used in commerce for over three years since its registration. Based on these findings, AFFA filed a trademark non-use cancellation action with the Central Jakarta Commercial Court in April 2024.   Legal Basis for Trademark Non-Use Cancellation Action   This action was filed under Article 74, Paragraph (1) of Law No. 20 of 2016 on Trademarks and Geographical Indications, which states that a Trademark that has not been used for three consecutive years from the date of registration may be canceled upon request by an interested party.   During the trial, PT Daksa Sinergi failed to appear, despite being legally summoned. This further strengthened the evidence that the Trademark was not actively used in the market.   Court Decision   After a series of hearings, in October 2024, the Central Jakarta Commercial Court finally granted the lawsuit filed by AFFA. In its ruling, the court declared that:   The plaintiff has a legal interest in filing the Trademark non-use cancellation action. The PRINT ONE Trademark owned by PT Daksa Sinergi is officially removed from the General Register of Trademarks. DGIP is ordered to revoke the Trademark and announce its removal in the Official Trademark Gazette. PT Daksa Sinergi is required to pay court fees amounting to IDR 8,820,000.   This decision marks a significant victory for APRIL International Enterprise Pte. Ltd., which can now reapply for its Trademark registration in Indonesia without any obstacles.   Lessons from the PRINT ONE Trademark Cancellation Case in Indonesia   This case is a clear example that a non-use Trademark can be canceled, even if it is still officially registered. Therefore, Trademark owners should take note of these three key factors:   Ensure that your registered Trademark is actively used in Indonesia. If not, other parties may file for cancellation. If an unused Trademark blocks your Trademark, legal solutions are available. Trademark cancellation is one of the strategies to pave the way for a new Trademark registration. Entrust your Trademark registration to an experienced Intellectual Property Consultant to ensure your brand is properly protected in Indonesia.   Current Trademark Cancellation Practice in Indonesia   However, it is important to note that following the Constitutional Court Decision No. 144/PUU-XXI/2023, a Trademark can now only be canceled if it has not been used for five consecutive years from the date of registration.   Additionally, a Trademark cannot be canceled if: There is a ban on importing goods or services that use the Trademark. There are licensing restrictions related to the goods or services associated with the Trademark. The Trademark cannot be used due to a force majeure situation.   You might also want to read: AFFA Represents Trek Bicycle to Win a Trademark Non-Use Cancellation Action in Indonesia This success story is a testament that with thorough preparation and investigation, a non-use cancellation action is possible in Indonesia. Should you need more information about Trademark registration and protection in Indonesia or abroad, please email us at [email protected].

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Guide to the Recordation of Communal Intellectual Property in Indonesia - AFFA IPR

Guide to the Recordation of Communal Intellectual Property in Indonesia

Intellectual Property, Geographical Indication

Communal Intellectual Property (CIP) in Indonesia includes Traditional Cultural Expressions, Traditional Knowledge, Genetic Resources, Potential Geographical Indications, and Indications of Origin, which are collectively owned. CIP holds economic value that communities can commercially benefit from while still respecting the nation’s moral, social, and cultural values.   But what are the definitions of Traditional Cultural Expressions, Traditional Knowledge, Genetic Resources, Geographical Indications, and Communal Indications of Origin according to Indonesian law? How does the recordation process work?   This article summarizes it for you!   Definition Traditional Cultural Expressions All forms of creative expressions, whether tangible, intangible, or a combination of both, that represent the existence of a traditional culture held communally and passed down through generations. Examples: Hula Dance Hawaii, Aboriginal Dot Painting, Betawi Pangsi Clothing, North Kalimantan Dragon Motif Necklace, and many more. Traditional Knowledge Intellectual works in the field of knowledge and technology that contain traditional heritage characteristics, developed, maintained, and preserved by a particular community or society. Examples: Ayurveda from India & Nepal, Kuna Healing Practices from Panama, Mencalok Lingga from Riau Islands, Kalakan from Pacitan, and many more. Genetic Resources Plants, animals, microorganisms, or their parts that have actual or potential value.Examples: Peruvian Maca from Peru, Rooibos Tea from South Africa, Lengkir from Bangka Belitung, Alocasia Talambai from West Sulawesi, and many more. Potential Geographical Indications A sign that indicates the origin of a product due to geographical environmental factors, including natural factors, human factors, or a combination of both, which provide specific reputation, quality, and characteristics to the produced goods or products. Examples: Kobe Beef from Japan, Manuka Honey from New Zealand, Pacitan Chalcedony Agate, Sambu Mamasa Weaving, Majene Crystal Salt, and many more. Indications of Origin Identifies the place where a product is produced without linking it to environmental or human factors that influence its quality or characteristics. For example, a “Made in China” label on a product indicates that it was produced in China but does not imply that its quality or characteristics are influenced by specific geographical factors.Indications of Origin rights arise automatically upon the existence of the object and, like other forms of CIP, do not require special registration. However, they should be recorded with the Directorate General of Intellectual Property (DGIP) for legal protection. Examples: Jakarta Ginger Coffee, Pacitan Tuna Tofu, Fakfak Lontar Cake, Meulaboh Khop Coffee, Ngawi Mata Gareng Crackers, and many more.   Legal Basis for CIP Protection in Indonesia At least five regulations serve as the legal foundation for protecting Communal Intellectual Property (CIP) in Indonesia:   Government Regulation No. 56 of 2022 on Communal Intellectual Property This regulation emphasizes the importance of inventorying, preserving, developing, and utilizing CIP as a fundamental national development asset. Law No. 28 of 2014 on Copyright This law states that the state holds the copyright over Traditional Cultural Expressions whose creators are unknown and provides perpetual protection. Law No. 13 of 2016 on Patents It regulates the disclosure of genetic resources and/or traditional knowledge in patent descriptions and mandates the formulation of technical regulations regarding benefit-sharing from the utilization of Traditional Knowledge or Genetic Resources. Law No. 20 of 2016 on Trademarks and Geographical Indications This law governs the registration of Geographical Indications as part of Communal Intellectual Property. Law No. 11 of 2013 on the Ratification of the Nagoya Protocol This law reinforces the importance of inventorying genetic resources and traditional knowledge and developing regulations related to benefit-sharing from their utilization.   To protect CIP, the government has established the National Communal Intellectual Property Database (PDN KIK) as an information portal and economic map for CIP, accessible via the DGIP website. This database integrates data related to Traditional Cultural Expressions, Traditional Knowledge, Genetic Resources, and Potential Geographical Indications. As of January 2025, according to PDN KIK data, the following records have been documented: 1,823 Traditional Cultural Expressions 491 Traditional Knowledge entries 8,483 Genetic Resources 125 Potential Geographical Indications 59 Indications of Origin   Your community can also be part of this if you meet the following registration requirements.   Communal Intellectual Property Recordation Procedure To protect Communal Intellectual Property (CIP) in Indonesia, DJKI has provided various inventory forms for each category: EBT Form for Traditional Cultural Expressions PT Form for Traditional Knowledge PIG Form for Potential Geographical Indications SDG Form for Genetic Resources Alternatively, you can hire a trusted Intellectual Property Consultant to help formulate the contents of the forms, which generally include: Detailed description of the CIP Origin and history Community or society that preserves and develops it Cultural function and significance Supporting documentation (photos, videos, or audio recordings showing skills or production techniques) Declaration Letter stating that the information provided is accurate and that the CIP belongs to the relevant community Written statement of support for protection, preservation, development, and utilization signed by local governments, traditional community organizations, or cultural associations Once the forms and necessary documents are submitted to DJKI, they undergo verification to ensure the completeness and authenticity of the provided data. If they meet the criteria, the CIP will be recorded in the National Database for legal protection.   Unfortunately, DGIP does not specify the estimated time required for the overall CIP recordation process. The duration may vary depending on the complexity of the CIP and the completeness of the submitted documents.   By legally protecting Traditional Cultural Expressions, Traditional Knowledge, Genetic Resources, Potential Geographical Indications, and Indications of Origin, your community can prevent unauthorized claims or misuse by third parties, preserve traditional culture for future generations, and increase economic value through the commercialization of its economic rights. Should you need more information about the recordation of Communal Intellectual Property in Indonesia, feel free to contact us via email: [email protected].

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6 Key Principles of Patent Protection in Indonesia - AFFA IPR

6 Key Principles of Patent Protection in Indonesia

Patent, Intellectual Property1 Comment

Through Law Number 65 of 2024 on Patents, the Indonesian Government has revised the definition of “invention” to mean an inventor’s idea manifested in solving a specific problem in the field of technology, which can take the form of a product or process, or the improvement and development of an existing product or process.   Meanwhile, a Patent is an exclusive right granted by the state to an inventor for an invention that meets the criteria of patentability, namely novelty (new), inventive step, and industrial applicability. For Utility Models, the requirements include at least novelty, incremental improvements to existing products or processes, practical utility, and industrial applicability.   If you are an inventor, a Patent will protect your invention by granting you legal rights, enabling you to enjoy the economic benefits of your invention.   However, six key principles form the foundation of Patent protection and are crucial for safeguarding technological innovations and inventions. These principles are:   First-to-File: This principle states that the first party to file a Patent application is granted Patent rights, not the first to invent or use it. Therefore, Patent owners must file their applications as soon as possible. Patent Information: Every Patent application must include complete information about the invention, such as descriptions, claims, and drawings illustrating how the invention works. This information will be published once the application is approved, allowing the public to refer to it and encouraging further technological advancements. Protection Is Granted Only by Application: Patents are only granted if the inventor or an authorized party submits an official application. Without an application, Patent rights will not be awarded, even if the invention meets patentability requirements. Obligation to Pay Annual Fees: After a Patent is granted, the Patent holder must pay annual fees to maintain the Patent rights. Failure to pay these fees can result in the cancellation of the Patent, making the invention part of the public domain. Universal Substantive Examination: Every Patent application undergoes a substantive examination to ensure the invention meets the requirements of novelty, inventive step, and industrial applicability. This process ensures that only truly innovative inventions are granted Patent protection. Territorial Protection: Patent rights are territorial, meaning protection is only valid in the country or region where the Patent is registered and approved. To secure protection in other countries, the inventor must file separate Patent applications in those countries.   By understanding these six principles, innovators and industry players can take the necessary steps to legally protect their inventions and maximize their economic potential.   You might also want to read: Indonesia’s Patent Law Amendment: Excluded Inventions and Change in Novelty Grace Period Should you need more information about Patent protection in Indonesia or globally, feel free to contact us at [email protected].

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The Walmart Wirkin VS Hermes Birkin Controversy: A Case Study in Intellectual Property Awareness - AFFA IPR

The Walmart Wirkin VS Hermès Birkin Controversy: A Case Study in Intellectual Property Awareness

Intellectual Property, TrademarkLeave a comment

The viral phenomenon surrounding Walmart’s “Wirkin” bag, which bears a striking resemblance to the iconic Hermès Birkin, has captivated social media and sparked discussions on fashion ethics, consumer behavior, and, of course, Intellectual Property. This controversy highlights the complexities of balancing accessible fashion with protecting luxury brand exclusivity. Here’s everything you need to know.   In December 2024, a USD 78 handbag sold on Walmart’s marketplace became an overnight sensation on platforms like TikTok. Dubbed the “Wirkin” by users, the bag mimics the design of the legendary Hermès Birkin, which starts at around USD 10,000. The Wirkin’s affordability and resemblance to a luxury product spurred millions of views in unboxing videos and drew widespread attention.   Ethical and Legal Implications   Supporters argue that the Wirkin democratizes luxury, making high-end aesthetics attainable for everyday consumers. Critics counter that such “dupes” undermine the craftsmanship, exclusivity, and Intellectual Property of brands like Hermès.   From a legal perspective, Hermès could potentially claim a Trademark, specifically Trade Dress infringement, as Wirkin’s design closely imitates the recognizable elements of the Birkin. Trade Dress protects the visual appearance of a product that signifies its source to consumers. However, Walmart might defend the Wirkin by emphasizing its lack of Hermès branding and the significant price gap, arguing that consumer confusion is unlikely.   Walmart’s Response   Amid mounting scrutiny, in mid-January 2025, Walmart removed the Wirkin from its marketplace and issued a generic statement: “In some instances, products may no longer be available. We invite customers to continue exploring our expansive selection and uncover new alternatives.” This move was likely intended to minimize legal risks and preserve brand relationships.   Key Differences Between the Wirkin and Birkin   The table below highlights the critical differences between the two bags, helping consumers distinguish between them:   Feature “Wirkin” Birkin Price ~USD 78 Starts at ~USD 10,000 Logo No branding “Hermès Paris” logo under the flap Material Synthetic or imitation leather High-quality genuine leather or exotic skins Size Options Standard, typically smaller Multiple sizes (25cm, 30cm, 35cm, 40cm) Craftsmanship Mass-produced stitching Handcrafted using saddle stitching Packaging No luxury packaging Comes with Hermès orange box and dust bag Sales Platform Walmart’s e-commerce platform Exclusive to Hermès boutiques Distribution Mass-market availability Strictly controlled, often with a waitlist   From the Wirkin-Birkin case, we gain yet another insight that pricing remains a recurring source of Intellectual Property infringement. Affordable versions of well-known, especially luxury, products continue to attract significant market interest, often without regard for authenticity. However, if you are a Trademark owner, there is no need to worry, as having a registered Trademark establishes you as the rightful owner and grants you the legal authority to take action against counterfeit products. If necessary, you can further strengthen your position by registering your product design as an Industrial Design, ensuring that the aesthetic aspects of your product are also protected.   Moreover, if you are a retailer, it is crucial to understand the intricacies of Trademark law to safeguard your business reputation and avoid misleading virality, which could ultimately jeopardize your business’s sustainability. Should you need more information about Trademark protection in Indonesia or globally, feel free to contact us via email at [email protected].

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