IP Infringed Online? Now You Can Request Official Takedowns in Indonesia - AFFA IPR

IP Infringed Online? Now You Can Request Official Takedowns in Indonesia

Intellectual PropertyLeave a comment

Trademark and Copyright infringement on marketplaces, social media, and websites is not a minor issue in Indonesia. Despite frequent warnings, illegal content distribution, counterfeit product sales, and unauthorized use remain easy to find. Often, enforcement struggles to keep pace with the growth of infringements—take one down, and many more appear in its place. The good news is that the Indonesian IP Office – Directorate General of Intellectual Property (DGIP) now provides an official mechanism to request the takedown of infringing content, listings, accounts, and even entire websites. This mechanism is expressly regulated under Minister of Law Regulation No. 47 of 2025 on the Handling of Reports of Intellectual Property Infringements in Electronic Systems. This means that Trademark owners, Copyright holders, and other Intellectual Property (IP) rightsholders no longer have to remain passive in the face of digital infringements.   What Is the New Solution Under This Regulation? Under this regulation, IP owners or rightsholders may submit an official report to DJKI for suspected IP infringements occurring on: Marketplaces/e-commerce platforms Websites Digital media operating through electronic systems Including live streaming content If the report is deemed to meet the elements of infringement, DGIP may recommend access termination, which may include: Removal of content (takedown of listings); Account suspension; or Partial or full blocking of a website. This is an official administrative pathway provided by the state, not merely an internal platform mechanism that may be unavailable or inadequately implemented.   Types of Intellectual Property Protected This regulation applies broadly and covers all IP rights protectable in Indonesia, including: Trademarks Copyright and Related Rights Patents Industrial Designs Trade Secrets Layout Designs of Integrated Circuits Geographical Indications Communal Intellectual Property As long as the rights are registered or recorded with DGIP, this mechanism may be used.   Who Is Entitled to Submit a Report? Please note that reports may only be submitted by: Registered/recorded IP rightsholders with DGIP; or IP licensees whose license agreements have been recorded with DGIP. Reports may be submitted directly or through an authorized representative, such as a trusted and reliable IP Consultant.   How to Submit a Takedown Request Prepare the Report Containing the Following Information Identity of the reporter; Type of IP infringement; Website address, platform name, account, or content link being reported; Brief description of the alleged infringement; and Additional information related to the infringing goods/services. Attach Mandatory Supporting Documents Proof of IP ownership (e.g., Trademark certificate, Copyright recordation, etc.); or Proof of recordation of the IP license with DGIP.Without these documents, the report cannot be processed. Administrative Examination by DGIP After the report is received, DJKI will conduct an administrative examination: If the submission is incomplete, the reporter will be given up to 14 business days to complete it. If the deficiencies are not remedied within this period, the report will be deemed withdrawn. Substantive Verification by the DGIP Verification Team If the report passes the administrative stage, DGIP will form a cross-sector Verification Team (involving DGIP, relevant ministries, associations, and/or experts). The team will examine the substance of the alleged infringement and may request information from: Electronic System Operators (ESOs); and/or The reported party.Verification timeline: a maximum of 3 business days from the date the report is recorded. Recommendation for Access Termination If the infringement is confirmed, DGIP will: Issue a recommendation for partial or full site closure or access termination; and Submit the recommendation to the relevant digital authority or directly to the ESO.The recommendation must be delivered within 1 x 24 hours of being signed. Special Provision for Live Streaming Infringements For infringements occurring via live streaming, the verification and recommendation process is expedited to a maximum of 1 x 24 hours.   Can Access Be Restored After a Takedown? Yes, subject to certain conditions, including: Authorization or cooperation from the IP owner/rightsholder; or A settlement agreement resulting from mediation with the reporter. A request for restoration must be submitted to DGIP and will undergo a further review process.   With this newly regulated mechanism, trademark owners, creators, and other IP rightsholders now have an additional, effective option for enforcement, beyond court proceedings and internal marketplace complaints. Importantly, the regulation also provides clear timelines, strengthening the position of rightsholders by offering multiple pathways to stop infringements. That said, document completeness and reporting strategy are critical to achieving a successful outcome. Should you need further information on protecting and enforcing intellectual property in the digital space, including marketplaces and websites, please contact us through the following channels and receive a FREE 15-minute consultation.   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   About AFFA:  Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

Blindboxes, Resellers, and IP: When Does Selling Cross the Line? - AFFA IPR

Blindboxes, Resellers, and IP: When Does Selling Cross the Line?

Intellectual Property, Trademark

Action figure communities in Indonesia have recently been shaken by a wave of takedowns on popular products across e-commerce platforms. Not only unofficial sellers like casual collectors were affected, but even official resellers who had followed the “white list” registration procedures were hit. The trigger? An official notice from the Trademark Holder (a licensed distributor of the Trademark Owner) prohibits various uses of the brand name and logo and the sale of unboxed items.   This incident raises an important question among many collectors and business owners: Can Intellectual Property (IP) Holders arbitrarily ban secondhand sales? Is this legal?   The Exclusive Rights of Trademark Holders   Legally, a Trademark Holder has the exclusive right to control how their mark/name/logo is used, especially in marketing and product distribution. However, it’s important to note:   IP law does not automatically prohibit the resale of secondhand products, as long as the items are genuine and were lawfully acquired. Under a principle known as the “exhaustion doctrine”, the rights of a Trademark Holder are considered “exhausted” once the product is sold lawfully for the first time. This means the buyer may resell it. However, the Trademark Holder does retain the right to restrict the use of their brand in contexts such as store branding, product repackaging, or unauthorized logo usage that may mislead consumers or harm brand image.   In short, banning the resale of secondhand goods just because they are used can be legally disputed. But banning the unauthorized commercial use of logos, names, and other brand elements is legally valid.   Safe Tips for Selling Secondhand Items Without Violating IP Rights   To avoid infringing a brand’s rights when selling collectibles or secondhand products, here are some best practices:   Avoid using the brand name or logo in your store title. Use neutral descriptions like “blindbox collectible” or “random rare figure.” Clarify that the product is from a personal collection and is pre-owned. This can help show there’s no intention to violate distribution rights. Do not modify or rebrand the product. Repackaging or adding custom branding (like stickers) can be considered infringement. Avoid implying that you’re an official distributor. If you’re not part of the authorized distribution channel, avoid using terms like “official” or “authorized.” Do not sell opened blindbox items if the Trademark Holder prohibits it. If a product is meant to be a surprise item, unboxing and selling it by character name can be considered a violation of its commercial value.   But Why Can People Freely Sell Used iPhones?   This comparison has sparked debate. After all, people sell secondhand iPhones on online platforms all the time without issue. What’s the difference?   Apple and other phone manufacturers do not prohibit the sale of secondhand devices as long as they are genuine and unmodified. iPhones are not designed as “surprise” collectibles like blindboxes, so there’s no concern about damaged exclusivity due to unboxing. Sellers of secondhand iPhones also do not claim to be official distributors and don’t use Apple’s logo for store branding.   In essence, the issue is not the fact that the item is secondhand, but the context of branding and marketing.   Selling secondhand goods is legally allowed, as long as the products are genuine and the seller does not mislead consumers by misusing brand elements. For collectors and small sellers, understanding the limits of IP law is key to keeping your listings safe from takedowns or legal claims.   Should you need expert advice on Trademark usage in online sales, contact us at [email protected].