Trade Secrets are the recipe for business success in various fields, such as culinary, IT, pharmaceuticals, and biotechnology. The public often seeks ways to discover or exploit these “secrets to success” through various means, including claiming and exposing these secrets on social media. So, what...
Counterfeiting is a pervasive issue that threatens the integrity of Intellectual Property (IP) across various industries. From luxury goods to pharmaceuticals, counterfeit products not only harm brand reputation but can also endanger consumers. In this article, we will explore the most effective anti-counterfeiting methods available and guide...
The proposed amendments to Indonesia’s Patent Law, specifically the second revision of Law No. 13 of 2016 on Patents, are designed to modernize the country’s legal framework to better align with the evolving economic environment, international obligations, and the rapid pace of technological advancement. These updates aim...
The Garuda Pancasila, the National Emblem of the Republic of Indonesia, is indeed iconic. The figure of this giant bird that is said to be able to cover the sunlight has been known since the 5th century and has become a symbol of many Hindu kingdoms in...
Trademark Enforcement Proceedings Q: What types of legal or administrative proceedings are available to enforce the rights of a Trademark Owner against an alleged infringer or dilutive use of a mark, apart from previously discussed opposition and cancellation actions? Are there specialised courts or other tribunals? Is...
Licenses Q: May a licence be recorded against a Mark in Indonesia? How? Are there any benefits to doing so or detriments to not doing so? What provisions are typically included in a licensing agreement? A: A registered Mark can be licensed out to other parties...
On March 31, 2020, Indonesia officially entered the COVID-19 pandemic period with the enactment of Government Regulation Number 21 of 2020 concerning Large-Scale Social Restrictions in the Framework of Accelerating the Handling of Corona Virus Disease 2019 (Covid-I9). After facing various challenges, both for the community, the...
Ownership of Marks Q: Who may apply for registration? A: Since the Indonesian Trademark Law adopts the first to file principle, in general any individual, organisation or company can file for a Trademark Registration. However, the Trademark Law also regulates Trademark Registrations that are filed in...
On June 11, 2024, the Commercial Court at the Central Jakarta District Court granted AFFA IPR’s lawsuit, in this case representing Guangzhou Sanwich Biology Technology, Co., Ltd., to invalidate the SEVICH Mark with Registration Number IDM000917666, which gave a decision that the mark had similarities in essence...
On February 29, 2024, the Constitutional Court of the Republic of Indonesia (MKRI) decided case Number 84/PUU-XXI/2023 concerning Material Review of Law Number 28 of 2014 concerning Copyright (Copyright Law) and declared Article 10 of the Copyright Law to be contrary to the 1945 State Constitution of...
