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

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

Intellectual Property

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

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-affa-global

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 Property

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 Property2 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

Exploring-the-Intellectual-Property-Game-in-Basketball-affa

Exploring the Intellectual Property Game in Basketball

Intellectual Property

When we think of basketball, the first things that come to mind are slam dunks, crossovers, and buzzer-beating shots. But did you know that the world of basketball also involves its fair share of Intellectual Property? From iconic logos to innovative technologies, the game has its own unique IP game. Let’s take a jump shot into basketball and some of its Intellectual Property.        1. Trademark for Team Logos: Just like the game itself, team logos are integral to the identity of basketball teams. The LA Lakers’ iconic logo or the Chicago Bulls’ fierce emblem aren’t just symbols; they’re also protected Trademarks, ensuring their uniqueness and preventing unauthorized use.        2. Patents for Innovative Footwear: Basketball shoe technology has come a long way. From Air Jordan’s game-changing cushioning to Adidas’ Boost technology, Patents often protect these advancements. These Patents encourage innovation and safeguard the hard work of creating performance-enhancing gear.        3. Copyright for Broadcasts and Analytics Software: The exhilarating dunks and clutch plays would be the same with the broadcasters who capture the moment. These broadcasts are subject to Copyright, ensuring that the creative work involved in producing them is acknowledged and protected. The modern game is heavily influenced by data analytics and software. The algorithms and software tools used to analyze player performance and strategy are valuable Intellectual Property assets.   As we cheer for our favorite teams and players, remember the ‘behind-the-scenes game’ of Intellectual Property that contributes to the excitement on the court. From Trademarks to Patents and Copyrights, basketball is more than just a sport; it’s a field where innovation and creativity are valued and protected.   Should you require further information and assistance regarding Intellectual Property in sports, please get in touch with us at [email protected]. Source: World Intellectual Property Organization FIBA Basketball

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ASEAN Launches “IP Register” to Boost Intellectual Property Protection

Intellectual Property

The Association of Southeast Asian Nations (ASEAN) and the World Intellectual Property Organization (WIPO) launched the ASEAN Intellectual Property (IP) Register on August 20, 2023, in Semarang, Indonesia. The IP Register is a one-stop technology developed by the ASEAN Intellectual Property Office to facilitate the exchange of data on Patents, Trademarks, Industrial Designs, and others that have already been registered.   The launch of the IP Register is part of a Memorandum of Understanding (MoU) signed by ASEAN and WIPO in 2022. The MoU aims to expand cooperation between ASEAN and WIPO in specific areas through a future-focused and impact-driven approach. It also seeks to complement the ongoing partnership under the ASEAN Intellectual Property Rights Action Plan (AIPRAP) 2025.   The specific areas referred to in the MoU aim to meet the new and emerging needs of underrepresented stakeholders from the business and creative communities, such as small and medium enterprises (SMEs), startups, creators, and other IP-related parties.   The IP Register is expected to boost intellectual property protection in ASEAN by providing a single portal for stakeholders to conduct seamless Patent, Trademark, and Industrial Design searches. It will also help to facilitate the registration of IP Rights in ASEAN, which can help businesses and creators to protect their innovations and creations.   The launch of the IP Register is a significant milestone in ASEAN’s efforts to build a more conducive environment for innovation and creativity. It is also a testament to the strong partnership between ASEAN and WIPO in promoting Intellectual Property protection in the region.   Here are some of the benefits of the IP Register: Provides a single portal for stakeholders to conduct seamless Patent, Trademark, and Industrial Design searches. Helps to facilitate the registration of IP Rights in ASEAN. Help businesses and creators to protect their innovations and creations. Boost Intellectual Property Protection in ASEAN. Create a more conducive environment for innovation and creativity in the region.   The IP Register is a valuable tool for businesses, creators, and other stakeholders in ASEAN. It is expected to play a significant role in boosting Intellectual Property protection in the region and promoting innovation and creativity.   Should you require further information and assistance regarding IP Protection in Indonesia or abroad, please contact us at [email protected]. Sources: ASEAN.org Directorate General Intellectual Property

Similar-But-Not-The-Same-The-Difference-Between-Franchising-and-Licensing-in-Indonesia-affa-global

Similar But Not The Same – The Difference Between Franchising and Licensing in Indonesia

Intellectual Property3 Comments

Franchising and Licensing are two popular business models that allow businesses to expand their reach and grow their profits without investing heavily in new infrastructure or resources. However, there are some critical differences between the two models, both in terms of how they work and how they are regulated by Indonesian law.   In a Franchise arrangement, the Franchisor grants the Franchisee the right to use its Brand, Trademarks, Intellectual Property, and Business Model in return for a fee. The Franchisee is then responsible for operating the business by the Franchisor’s standards. In a Licensing arrangement, the Licensor grants the Licensee the right to use its Intellectual Property (e.g., Trademarks, Patents, Industrial Designs, and Copyrights) in exchange for a fee and for a certain period. The Licensee is then responsible for developing and marketing its own business using the licensed Intellectual Property.   The Indonesian government regulates franchises through the Government Regulation No. 42 of 2007. This regulation sets out the requirements for Franchisors and Franchisees, including registering the franchise with the Ministry of Trade. The law also establishes restrictions on franchise arrangements, such as the requirement for franchisors to provide franchisees with specific information about the franchise business.   The legal basis governing franchising and licensing also differs. Franchise activities are regulated through Government Regulation No. 42 of 2007, strengthened by the Minister of Trade Regulation No. 71 of 2019. This regulation regulates the requirements for Franchisors and Franchisees, including regulations governing the registration of franchises with the Ministry of Trade, as well as specific information about the franchise business that must be provided from the Franchisor to the Franchisee.   In addition to the two legal bases above, other legal grounds related to franchising arrangements are Law No. 5 of 1999, concerning the Prohibition of Monopolistic Practices and Unfair Business Competition; Law No. 40 of 2007, concerning Limited Liability Companies and Franchise Agreements that bind the party.   Meanwhile, licenses more closely related to Intellectual Property are governed by Government Regulation No. 36 of 2018 concerning the Recordation of Intellectual Property License Agreements, which are derivatives of Article 41 paragraph (1) of Law Number 20 of 2016 concerning Trademark and Geographical Indications.    Now let’s dive into the terms of Franchising and Licensing:   FRANCHISE REQUIREMENTS By law, to conduct a franchise business in Indonesia the Franchisor will need to obtain the Franchisor’s STPW (permit registration) and Commitment Registration to the Ministry of Trade by registering the Franchise proposal documents and agreement draft. The Franchisee will need to do the same thing to obtain Franchisee’s STPW permit and Commitment Registration.   Required documents for Registration of Prospectus (Franchisor’s permits) of the Offered Franchise (to be filed by the Franchisor, notarized, and attested by the Indonesian Embassy) are as follows: Power of Attorney  Application Letter (STPW) Details of Franchisor Identity Copy of the ID card of the Directors/Owners of the Franchisor Copy of Business License of the Franchisor History of Business of the Franchisor Organisation Structure of the Franchisor (from Board of Commissionaires, Shareholders, Directors, up to its operational level) Audited Financial Statements for the last 2 years Number of outlets owned by the Franchisor List of current Franchisee Rights and Obligations of the Franchisor and Franchisee List of Composition and numbers of franchised goods used by the Franchisee List of Composition of required manpower Trademark registration certificates in Indonesia or filing receipt of the Trademark application in Indonesia. Copy of Franchise Agreement.   After the prospectus (Franchisor’s permits) has been registered in the Ministry, the franchisor can begin the franchisee’s agreement. The franchisee must also register the signed agreement.   Required Documents for Registration of Franchise Agreement (to be filed by the Franchisee): Power of Attorney (by the Franchisee) Application letter made by  Franchisee on the Franchisee’s company letterhead. Copy of the Prospectus of the offered Franchise; Copy of Article of Association of Franchisee’s company Copy of the Business Licenses of the Franchisee; Copy of the ID card of the Directors/owners of the Franchisee Copy of the Franchise Agreement and its Indonesian translation; Copy of Certificate of trademark registration. Composition and numbers of the employees (foreign and local staff) Composition and numbers of franchised goods used by the Franchisee   The documents above must be translated into the Indonesian language.   LICENSE AGREEMENT RECORDATION REQUIREMENTS Required documents for recordal of Trademark license agreement: Executed License Agreement duly notarized by Notary Public in the relevant country Copy of the trademark registration certificate Power of Attorney (simply signed) Identity of the signors Deed of Incorporation of the parties (if any)   The followings have to be included in the license agreement: Place & Date of the letter signing Details of the parties including the address Object of trademark license (trademark registration no.) Terms of use (exclusive, non-exclusive, sub-licensable, or not) Duration Territory   For more information about IP License Agreement in Indonesia, you can read our previous articles here: Indonesia’s IP Odyssey: Unraveling the Ins and Outs of IP License Agreement Recordal   From the description above, if you already have a business with a proven and duplicable business model for at least two years, you can try running a franchise business as a Franchisor. On the other hand, if you want to start running a company from a proven business, you can become a Franchisee.   However, you can run a Licensing business if you are an IP owner who can provide freedom in IP management, including marketing strategies, as a Licensor. On the other hand, for those of you who have a lot of creative ideas to run a business from an IP you don’t own, you can apply for a license from the IP owner, and act as a Licensee. Should you require further information and assistance regarding Franchise & IP Licensing in Indonesia, please contact us at [email protected].   Source: Government Regulation No. 42 of 2007 concerning Franchising Minister of Trade Regulation No. 71 of 2019 concerning The Implementation of Franchise Law No. 20 of…

Indonesian-Discord-Users-Could-Face-1-Billion-Rupiah-Fine-for-Streaming-Anime-Illegally-affa

Indonesian Discord Users Could Face 1 Billion Rupiah Fine for Streaming Anime Illegally

Intellectual Property

“Every person who unlawfully and/or without permission of the Author or Copyright holder distributes Works or their copies for Commercial Use shall be sentenced to imprisonment for up to 4 years and/or fine up to Rp 1,000,000,000.00!”   As connoisseurs of the entertainment industry, whether in music, feature films, or animated series, we certainly understand that all forms of entertainment are works protected by Copyright.   Article 3 of Law No. 28 of 2014 concerning Copyright states that Works mean any scientific, artistic, and literary works resulted from inspiration, ability, thought, imagination, dexterity, skill or expertise expressed in a tangible form.   Furthermore, Article 4 of the Indonesian Copyright Law states that Copyright Holder means an Author as the Copyright owner, the party acquiring a lawful right from the Author, or other parties who acquire subsequent rights from the party such acquiring lawful rights.   Suppose other parties wish to use the Work, they must obtain written permission from the Copyright Holder or Related Rights Owner in the form of a License Agreement, which may include details of the distribution of Royalty as compensation for using the Work. In other words, if there is no license agreement moreover and there is an attempt to take advantage of a work without permission, it can be said that there has been a Copyright Infringement.   What is meant by taking advantage of this can be something other than a paid activity. For example, as has recently been done by several influencers who want to take advantage of the hype of anime “One Piece” to increase their followers on the Discord platform. They openly hold a viewing event in their group, also promoted on their social media accounts. Even though it is not paid, the watching together event can be considered Copyright Infringement.   Because watching together activities via unauthorized streaming activities on an authorized platform, if carried out without permission, has violated the exclusive rights of the Author or Copyright Holder to obtain economic benefits for their work. One of them is the distribution of Works or their copies, as stipulated in Article 9 Paragraph (1) letter e of the Copyright Law, with the threat of punishment as stated in the first paragraph of this article.   Apart from illegal distribution activities for unauthorized watching events, the Discord application itself has provided strict rules:   “You may not use Discord to stream, upload, or share any content that infringes on the copyrights or other Intellectual Property rights of others. This includes, but is not limited to, streaming movies, TV shows, music, or other copyrighted content without the permission of the copyright holder.”   The rules regarding Copyright on Discord can be accessed via https://discord.com/terms, and each violator can receive the following sanctions: Having your account suspended or terminated Being sued by the copyright holder for copyright infringement Having to pay damages to the copyright holder   Suppose we specifically discuss the latest One Piece episodes that are currently being talked about. In that case, we can watch them for free and legally in Indonesia via the iQIYI and Bstation/Bilibili platforms, complete with Indonesian subtitles. However, if you want to watch it with a higher image resolution, the Bstation platform provides a Premium (paid) option. Remember, whether it’s free or paid, whatever shows we get on the platform, we have no right to distribute or broadcast them again without permission. As regulated in the following Bstation/Bilibili User Agreement:   “Unless otherwise authorized by Bstation/Bilibili in writing, you shall not (and shall not allow, encourage or facilitate any third party to) modify, copy, adapt, maliciously spread, lease, lend, sell or translate the Services or any part thereof, or create derivative works related to them, and shall not obtain their source code through reverse engineering, decompilation, disassembly or other similar acts..”   Furthermore, suppose it is proven that there has been a violation of the law and user agreement. In that case, Bstation has the right to suspend or stop providing part or all of the services to you unilaterally without notice and would like to ask you to compensate for any losses to the extent permitted by law.   Thus, it can be concluded that the activity of watching together (via illegal, unauthorized streaming) on legal platforms whose sources come from legal platforms has become illegal if done without permission. Apart from exposing you to imprisonment for up to four years and/or a maximum fine of one billion Rupiah, you will also lose all access to the accounts you have worked so hard to build.   This illegal watching together activity (on any platform) is no different from moviegoers who are still legally illiterate, and recording or distributing it live via Instagram is an act against the law.   If you have committed a Copyright Infringement or need further consultation regarding organizing a legal watching together activity according to Copyright Law in Indonesia, please don’t hesitate to contact us via [email protected].

3-Proven-Methods-to-Accelerate-the-Patent-Examination-Process-in-Indonesia-affa-global

3 Proven Methods to Accelerate the Patent Examination Process in Indonesia

Patent, Intellectual Property

The Directorate General of Intellectual Property of the Republic of Indonesia under the Ministry of Law and Human Rights of the Republic of Indonesia (from now on referred to as “DGIP”) has established various procedures under which the examination of a Patent application may be accelerated. Under these procedures, DGIP will advance an application out of turn for faster examination if the applicant files the following special requests through the ASPEC program, Indonesia-Japan PPH program, or simply by providing the examiner in charge the granted corresponding claims from other Patent Offices, such as the USPTO, JPO, EPO, and others.   We herewith summarize the options that may suit your needs, depending on where you file your Patent applications in other jurisdictions:   1. ASEAN Patent Examination Co-operation (ASPEC) The ASPEC was launched on 15 June 2009. The first regional Patent work-sharing program involves nine participating ASEAN Member States (AMS) IP Offices of Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, the Philippines, Singapore, Thailand, and Vietnam. The program aims to accelerate the patent examination process by encouraging each participating Patent Offices to share search and examination results to allow applicants in the participating countries to obtain corresponding patents faster and more efficiently. Since ASPEC aims to reduce duplication in the search and examination work done, it is hoped that the search and examination work done on a corresponding application can be used as a helpful reference in producing high-quality examination reports. Hence, if you can obtain the examination results from other countries in the participating Patent Offices, the examination results or reports can be used as the basis of examination acceleration as long as the corresponding claims are the same. When requesting ASPEC, the Patent applicant is required to submit an ASPEC Request Form to the second Patent Office. The following documents shall accompany the ASPEC Request Form: A copy of the Search and Examination (S&E) report or the Examination Report (“minimum documents”) of a corresponding application from the first IP Office; and A copy of the claims referred to in the minimum documents submitted, with at least one claim determined by the first IP Office to be allowable/patentable. or a PCT ASPEC request, the Patent applicant must indicate that the request is for PCT ASPEC in the ASPEC form. The completed ASPEC request form shall be submitted together with the following documents: A copy of the written opinion/international preliminary examination report (“WO/ISA, WO/IPEA or IPER”) established by an ASEAN International Searching Authority/International Preliminary Examining Authority (ASEAN ISA/IPEA) (“minimum documents”) relating to a corresponding application from the first IP Office; and A copy of the claims referred to in the minimum documents submitted, with at least one claim determined by the first IP Office to be allowable/patentable. Please remember that the request to utilize ASPEC can only be made after the application has finished the publication stage. Based on our experience, the time it takes from filing the ASPEC request until the issuance of the decision to grant will not be more than 12 months – a significant improvement in lead or pendency times compared to the processing time for non-ASPEC patent applications in Indonesia.   2. Indonesia-Japan Patent Prosecution Highway (Indonesia-Japan PPH) The Japan Patent Office (JPO) and the DGIP initiated a Patent Prosecution Highway Program (PPH) on June 1, 2013. Since then, the PPH has been chosen by many applicants who have previously filed their base applications in Japan to accelerate the Patent applications in Indonesia. The PPH request can be filed at any time as long as it is before the deadline to request the substantive examination stage. Please note that an official fee of Rp 5,000,000.00 will be incurred for requesting the PPH acceleration program. When it comes to the requirements, the DGIP will require the applicant to provide the following documents to start the accelerated examination process: All formality documents required to file the application have been submitted and the DGIP will issue the notice of formality documents completion, which should also be provided by the applicant; Proof of payment to file a substantive examination request; The application should have passed the Publication of Period of 6 months; PPH Form (filled in); Corresponding claims which should be equivalent or less compared to the claims granted by the JPO; OEE and OLE examination results; and OEE/OLE in English and/or in the Indonesian language. Based on our experience, the time it takes from filing the PPH request until the issuance of the decision to grant will not be more than 7 to 12 months – a significant improvement in lead or pendency times compared to the processing time for non-ASPEC (or PPH) Patent applications in Indonesia.   3. Providing Corresponding Registered Claims from Other Patent Offices In case none of the options above apply to you, you may also provide the examiners at the DGIP with the corresponding granted claims from other well-established Patent Offices, such as the USPTO, UKIP, EP, AUIPO, SIPO, JPO, etc. The provision of the corresponding granted claims from the aforementioned Patent Offices will make it easier for the examiners at the DGIP to expedite the examination. Please note that the documents should be provided with the equivalent English translation to make it easier for the decision making process by the examiners.   For any questions about Patent applications in Indonesia, please do not hesitate to contact us at [email protected].

Brushstrokes-Trademarks-Indonesias-Copyright-Quirk-affa

Brushstrokes & Trademarks Indonesia’s Copyright Quirk

Intellectual Property, Trademark

Article 65 of the Indonesian Copyright Law crafts a vibrant patchwork in the legal tapestry of intellectual property rights. It explicitly prohibits the registration of a work of art, specifically a painting, as a copyright when it is used as a logo or distinguishing mark for a trade of goods or services or represents a symbol for an organization, business entity, or legal entity. This law paints a clear boundary line in the diverse field of intellectual property rights, where copyrights and trademarks often play tug-of-war.   However, an intriguing paradox has emerged in practice. Many parties try to draw double protection by registering the exact artistic representation as both a Trademark and Copyright – in other words, trying to overdo it by “double kill.” This practice takes advantage of a perceived grey area between the two distinct protections, aiming to arm the creator with an extra layer of legal armor. By doing so, they attempt to circumvent the spirit of Article 65, setting up a fascinating legal conundrum and an escalating tug-of-war between the copyright and trademark protection regimes in Indonesia.   In the past, there have been some warnings by the Indonesian Copyright Office to unilaterally withdraw the recorded copyrights if they are found to have breached Article 65 of the Copyright Law. A solution to this discrepancy lies in tightening the enforcement by the Indonesian IP Office, ensuring that the lines dividing trademarks and copyrights remain as sharp and clear as the brushstrokes of a master artist. Thus, Article 65 of the Indonesian Copyright Law continues to challenge the art and business words, forcing them to think outside the frame without doubling down on the protection for the same object illegally.   Should you have any questions about Copyright Recordation in Indonesia or abroad, please get in touch with us via [email protected].

AFFA-IPR-Your-Source-for-Indonesias-Patent-Protection-Guide-Available-on-Lexology-affa-global

AFFA IPR: Your Source for Indonesia’s Patent Protection Guide Available on Lexology

Patent, Intellectual Property

We are excited to announce that AFFA Intellectual Property Rights (IPR) has contributed to Lexology, showcasing our commitment to excellence and knowledge sharing. Check out our latest article, “Patent Protection Guide in Indonesia – Getting the Deal Through.”   Lexology is a premier legal news and analysis website, delivering international legal updates, insights, and analysis. With over 450 articles published daily from over 800 top law firms and service providers worldwide, it’s a trusted source for legal professionals and decision-makers.   At AFFA IPR, we recognize the significance of being associated with Lexology. As one of the leading sources of legal insights, the platform provides valuable, up-to-date information to a global audience. By sharing our expertise, we aim to contribute meaningfully to the legal discourse and offer valuable insights to our peers and clients.   Stay updated with the latest developments and insights by following our page on Lexology. Engage with our content, leave comments, and share your thoughts as we foster an open dialogue and collaborative learning environment. For downloadable copies of our articles, reach out to [email protected]. Join us on Lexology as we continue to empower businesses with valuable Intellectual Property insights.