Amending-Patent-Claims-in-Indonesia-affa-global

Amending Patent Claims in Indonesia

Intellectual Property

Amending Patent Claims in Indonesia The Indonesian Patent Law allows Patent claims amendment at several stages from filing up to 3 months after the notice of grant has been issued by the Indonesian Patent Office under the Directorate General of Intellectual Property (DGIP). We herewith summarize under which circumstances the claim amendments are allowable in Indonesia.   Legal Basis The Law No. 13 year 2016 on Patents (hereinafter referred to as the “Patent Law”) regulates all aspects of patent protection in Indonesia, including the amendment of claims during various stages of the patent lifecycle. Article 39 of the Patent Law regulates the amendment of various natures. The rule of thumb when it comes to amendment is to ensure that it does not broaden the scope of protection initially applied for. Another rule of thumb to live by is that amendments are always possible provided that the application has not been granted by DGIP.   Article 67 and 69 of the Patent Law has made it possible for the post-grant amendment via the Patent Board of Appeal. However, the scope may be limited to the corrections on descriptions, claims, and/or figures once the application has been granted.    We herewith summarize the viability of claim amendments at various stages of the patent lifecycle for your perusal:   Amendments Prior to Publication The amendment of claims are possible, provided that the scope of protection is not broader than the originally filed claims.   Amendments After Publication The amendment of claims are possible, provided that the scope of protection is not broader than the originally filed claims.   Amendments Filed During the Substantive Examination Request The amendment of claims are possible, provided that the scope of protection is not broader than the originally filed claims.   Amendments after the Issuance of the Examination Results The amendments can still be filed after the examiner issues the examination results. From time to time, the examiner also suggests amendments for clarity’s sake. Please note that this is the last step when it comes to the pre-grant amendment and therefore the amendments shall be filed before the examiner issues the notice of grant/notice of rejection. Similar to the previous steps, the amendment is allowable provided that the the scope of protection is not broader than the originally filed claims.   Post-Grant Claim Amendments The post-grant amendment shall be filed by 3 months from the date of the Notice of Grant to the Patent Board of Appeal. The amendment is limited to several issues,  such as the corrections on descriptions, claims, and/or figures (may be due to the translation errors that were only picked up after the issuance of the Notice of Grant), limitation of the scope of claims, and clarifications on the content of the descriptions that are vague in nature.   The decision by the Patent Board of Appeal shall be issued within 6 months from the date when they start the examination.   Should you have any questions about patent amendments of various nature, please contact us at [email protected].

The-Intellectual-Property-Landscape-of-Tokusatsu-A-Comprehensive-Overview-affa

The Intellectual Property Landscape of Tokusatsu: A Comprehensive Overview

Intellectual Property

The Intellectual Property Landscape of Tokusatsu: A Comprehensive Overview Tokusatsu (特撮) is a Japanese term for live-action (non-anime) films or television programs that heavily use practical special effects. However, in its development, this genre in Japan is mainly used in movies or series with superhero themes. From giant monsters (Kaiju) such as Godzilla and Gamera, humans who turn into giant Ultraman, masked heroes riding a bike (Kamen Rider), colorful Super Sentai heroes, metallic heroes like Gavan, and many more.   In Japan, Tokusatsu has become an enormous industry. Every year, there are at least 3 (three) new series, 2 (films) on the big screen, and dozens of OTT content, with some toys that consistently record best-selling toy sales. The BANDAI toy company, as the Master Licensee of Kamen Rider, Ultraman, and Super Sentai, records revenues of around 60 billion Yen per year from the above Intellectual Properties. Of course, this is apart from the income from broadcasting rights received by Production Houses from broadcasting throughout the world.   Then, what other Intellectual Properties are related to Tokusatsu? Here is the explanation:   1.      Copyright Copyright is Intellectual Property in science, art, and literature resulting from inspiration, ability, thoughts, imagination, dexterity, skills, or expertise expressed in real form. According to the Copyright Law, the work is called Creation, and the creator is for sure called the Creator. Because one individual does not make Tokusatsu but is a joint work of several companies, the Creator can be the designer or production leader with the title of Producer, but these companies own the Copyright Holder. For example, the late Shotaro Ishinomori is recognized as the creator of the Kamen Rider series. Still, the Copyright Holder is listed as jointly owned by Ishimori Pro (Shotaro’s company), TV Asahi (the broadcasting TV station), and TOEI (the production house). Companies registered as Copyright Holders can also be seen from writing such as “(C) 2023 石森プロ・テレビ朝日・東映” in various published materials. Tokusatsu’s works related to Copyright are not only the series or films but also the songs, scripts, characterizations, illustrations, and books related to them. Copyright is protected as long as the creator is alive, plus 70 years after that, and cannot be extended. Protected here means that only the Copyright Holder has Economic Rights and Moral Rights, so that no other party may publish, duplicate, translate, adapt/arrange/transform, distribute, announce, communicate, or rent it without the permission of the Copyright Holder.   2.      Trademark Trademark in Tokusatsu is not the additional protection but the primary Intellectual Property, which makes the name unique, along with the logo, which makes it different from other works already on the market. In contrast to Copyright, which does not need to be registered, Trademarks must be registered to obtain protection. When applying for a Trademark, it is necessary to provide information about the appropriate protection classes according to its products and/or services. The number of classes registered for the Tokusatsu series, which airs throughout the year, usually reaches 22 classes, but for films, it is only around 6 (six) to a dozen. This significant difference in numbers is because broadcasts present throughout the year will also have more derivative products and services that can be produced, and all of them must be protected from the possibility of being exploited by other irresponsible parties. Some of the trademark classes that are usually registered for the Tokusatsu series that air throughout the year are classes 32 (beverages), 30 (processed food), 28 (toys), 25 (clothing), 16 (paper), and 9 (electronic equipment). Uniquely, the Trademark Registration process is open from the start of the application process, which can be accessed by the public via the Japanese Patent Information site, providing a means for fans to get a sneak peek at the name of the new Tokusatsu series, several months before the official announcement.   3.      Industrial Design In the world of Tokusatsu, there is a unique symbiotic mutualistic relationship between toy manufacturers and Copyright Holders. It is so unique that it is common knowledge that the Tokusatsu series is called a toy advertisement that airs throughout the year. As a toy manufacturer and shareholder of the Tokusatsu producers, BANDAI also provides other support, namely making character designs, so that they can be immediately ready to be produced in various kinds of toys liked by fans of various ages from abroad. The Industrial Designs for Tokusatsu toys registered by BANDAI can also be seen on the Japanese Patent Information site. Uniquely, even though the Industrial Design is registered and owned by BANDAI, all names involved in the creative process, including representatives from the production house, are still registered as the Designer. Registration of Industrial Designs for these toys is essential so that no other party makes imitation products. Because the practice of pirating Tokusatsu toys is usually done by producing the same toys but with different Trademarks. So by registering, even if these pirates escape the trap of Trademark violations, they will not escape Industrial Design violations.   4.      Patent Patents are one type of Intellectual Property that needs to be understood in Indonesia. It is as if the patent is Intellectual Property, even though it is only one type. Patents are Intellectual Property directly related to innovation and technology with novelty value. If associated with Tokusatsu, the patent protection could be in the thin but strong action figure joint technology, toy sensors that can be activated by finger movements or inserting a coded card, and BANDAI owns all the patents.   5.      Trade Secret The formula used to make a hero’s costume that is strong but light, to the right amount of chemicals to cause a significant but safe explosion, as well as other secret formulas, can be kept as Trade Secrets. These secrets make Tokusatsu a spectacle that continues to amaze fans, and all team members involved are bound by a Non-Disclosure Agreement (NDA).   6.      License Agreement After having a recorded Copyright…

The-Strategic-Genius-of-Hiding-Trademarks-in-Plain-Sight-The-Case-of-X-Corp-affa

The Strategic Genius of Hiding Trademarks in Plain Sight: The Case of X Corp

Intellectual Property

The Strategic Genius of Hiding Trademarks in Plain Sight: The Case of X Corp In the world of business and Trademarks, it’s often a chess game with high stakes. While more giant corporations might seem to have an advantage in this intricate dance of Intellectual Property, a move is so strategic yet surprisingly underutilized. It involves the clever art of hiding your intentions while securing valuable Trademark rights. This game plan is akin to hiding in plain sight and is more common than you think. One of the most recent examples? Elon Musk’s Twitter-to-X transformation.   It’s been three months since the tech mogul announced his brainchild, Twitter, would undergo a radical name change to simply ‘X.’ Yet, the element of surprise was maintained impeccably. The company’s first “X” Trademark filings with the United States Patent and Trademark Office (USPTO) only occurred on September 22. Intriguingly, these filings weren’t initiated within the United States but instead on the vibrant shores of Jamaica back in March.   So, what’s the secret sauce to this cunning move? Priority. The priority date is a vital element in the Trademark universe. By initially filing the “X” Trademarks in Jamaica, the masterminds at X Corp gained a crucial head start without giving away the existence of their filings. How did they do this? Through a globally binding treaty known as the Paris Convention.   The Paris Convention, inked by 178 countries, allows companies to take a strategic step. Suppose a Trademark is filed in one of these countries. In that case, it can be filed in any of the other signatory countries within six months while retaining the priority date of the original filing. The “X” Trademark’s Jamaican journey was pivotal in this context. Filed on March 24, 2023, it laid the foundation for the X Corp’s United States Trademark filings on September 22, 2023.   This move is nothing short of genius. While traditional “squatters” might have attempted to stake claims over the past two months, they now find themselves behind X Corp’s queue. In the complex world of intellectual property, the strategic deployment of geography and treaties can be a game-changer. As the name ‘X’ heralds a new era for Twitter, it’s a testament to how intellectual property strategies can be both intelligent and remarkably effective, hiding in plain sight until the right moment to strike. It’s a lesson in how thinking several moves ahead can protect your assets and, in this case, a company’s name from potential spoilers.   But then, it is possible in the US to obtain a trademark registration on a single letter. Under US law, given the amount of market presence that Twitter/X has, distinctiveness is not an issue preventing this mark’s registration. But it is more likely a problem in other countries around the world.   If you look at the current database from the World Intellectual Property Organization (WIPO), apart from the United States, “X” has also been submitted in Canada, Mexico, and the European Union. Indonesia, which is also one of the member countries of the Paris Convention, is not a destination because regulations will hamper registration of this one-letter mark unless it is considered a well-known mark.   Should you require further consultation regarding Trademark registration in Indonesia or abroad, please contact us at [email protected]. Source: Josh Gerben: Twitter/X Has Finally Made Its “X” Trademark FIlings With The USPTO

Racing-Ahead-A-Comprehensive-Guide-to-IP-in-MotoGP-affa-global

Racing Ahead: A Comprehensive Guide to IP in MotoGP

Intellectual Property1 Comment

Racing Ahead: A Comprehensive Guide to IP in MotoGP   The 2023 Mandalika MotoGP in Indonesia on October 15 again brought Ducati racer Francesco Bagnaia to the top of the standings with 346 points. The event, officially called “Pertamina Grand Prix of Indonesia 2023”, is the 15th race of the 20 MotoGP World Championship series, which is in a year generating a turnover of around 500 million Euros or about 8.3 trillion Rupiah.   Dorna Sports S.L., a company from Spain that has held MotoGP Commercial Rights from the Fédération Internationale de Motocyclisme (FIM) since 1992. In Dorna’s hands, the fastest motorbike racing event on land has become the most expensive in the world with its Intellectual Property business. In 2021, Dorna Sports successfully recorded 137 million Euros just from selling Broadcast Rights to various TV and streaming platforms to broadcast each competition live. Income from Broadcasting Rights is said to reach 66% of the total income from all Intellectual Property (IP) businesses carried out. So, what other IPs are related to the implementation of MotoGP?   Trademark The first is, of course, MotoGP’s unique naming and logo. Dorna has registered MotoGP in 22 existing Trademark classes, whose protection extends to 53 countries worldwide. Of the 22 Trademark classes, it includes class 25 (clothing, shoes, hats), 28 (toys), and 30 (tea & coffee), apart from, of course, class 41 (sports activities), which is the core of its business. In Indonesia, the “MotoGP” Trademark is still protected until 2027 and can be extended every ten years.   Apart from that, Dorna also registered Trademarks for various derivative businesses related to MotoGP, such as MotoGP Kids, MotoGP VIP Village, and MotoGP Legends. By registering all the Trademarks, Dorna has become the owner of the Exclusive Rights to MotoGP and prevents the possibility of other parties registering identical or similar names in the future.   Copyright Race materials, images, promotions, and other content related to MotoGP are included in the Copyright category. As the holder of Commercial Rights to MotoGP, Dorna also owns the Copyright to MotoGP. Thus, it has the right to regulate and control the use of all Copyrights related to MotoGP, including Broadcast Rights, to broadcast the race live on various platforms worldwide. The granting of Broadcasting Rights licenses is the most significant income for Dorna. It has been recorded that from 2015 to 2021, except for 2020, there has always been an increase in revenue from Broadcasting Rights. It started from 105, 115, 125, 135, 130, and 137 million Euros (around 2.3 trillion Rupiah) in 2021. For the 2023 MotoGP World Championship, there are more than 90 channels that are official broadcasters, representing 63 countries in the world. In Indonesia, MotoGP broadcast rights are held by Trans7, MNC Vision, KVision, UseeTV, and Maxstream-SpoTV.   Patent A large-scale sports competition, especially one related to the automotive industry, indeed cannot be separated from technological inventions, whether closely related to engine construction and speed or safety equipment, which are objects that can be patented. MotoGP has also become a place for innovation competition between motorbike manufacturers and safety equipment to get maximum exposure before the technology is applied to commercial products sold to the public.   Industrial Design Suppose the design of a motorbike, riding equipment, safety equipment, and other racing equipment does not contain elements of inventions but still has an aesthetic novelty design. In that case, it can be registered and receive Industrial Design protection. The most straightforward example is the commercialization of helmets used by MotoGP racers.   Trade Secret Specific racing strategies are Trade Secrets, including technical details and other confidential information. These secrets give MotoGP teams a competitive advantage by not disclosing certain important information to competitors, and all team members involved are bound by a Non-Disclosure Agreement (NDA).   Domain Name Domain names related to MotoGP are significant for maintaining online presence and marketing. Dorna has registered “motogp.com” to prevent cybersquatting and brand misuse. This domain is also available in many languages, including Indonesian, to facilitate the marketing and disseminating of official information to all media and MotoGP fans worldwide.   Licensing Agreement Apart from the Copyright previously mentioned, the License Agreement can also cover other Intellectual Property regimes, such as Brand Licenses to produce and sell merchandise, mobile phone applications, video games, and many more. Because if we talk about business, a robust Intellectual Property License Agreement can mutually benefit all parties involved.   From Dorna Sports’ financial report in 2021, more than 100 million Euros were spent on organizing MotoGP. However, they managed to record a profit of 46 million from revenue of 207 million Euros. This figure is undoubtedly quite fantastic for sporting activities supported by solid IPs.   Because a successful sports business is also an Intellectual Property business, would you be serious about getting into it? In that case, you can start on the most miniature scale, from events that are local but have the potential for a broad audience, and continue to present exciting and competitive matches so that more and more parties are interested in joining in getting a license.   If you need further information about Licensing Agreements, Trademark registration, Patent protection, or anything related to Intellectual Property, please do not hesitate to contact us via [email protected].

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Porsche’s Sound Trademark Appeal: A Battle of Electric Car Acoustics

Intellectual Property

Porsche’s Sound Trademark Appeal: A Battle of Electric Car Acoustics In the rapidly evolving world of electric vehicles (EVs), car manufacturers are racing to perfect the technology and the auditory experience. With the calm acceleration of EVs, the industry has turned to artificial sounds to alert pedestrians and create a unique brand identity. One such innovator, Porsche, known for its iconic sports cars, embarked on the journey to craft a distinct sound for its EVs. However, their recent efforts hit a roadblock when European Trademark authorities rejected their sound Trademark Application, deeming it unmemorable. Porsche is revving its legal engines to prove their engineered sound deserves recognition.   Porsche’s quest began in November 2022 when they submitted a distinctive sound meant to replace the near-silence of an electric vehicle accelerating. While Porsche’s unique creation may remind some of everyday sounds like a vacuum cleaner or a VHS tape rewinding, the motivation behind these sound Trademarks goes beyond whimsy. Car-makers must ensure that vision-impaired pedestrians can readily identify approaching electric vehicles by sound. However, the European Union Intellectual Property Office (EUIPO) needed to be convinced, citing a lack of distinctiveness and memorability as grounds for rejection.   EUIPO went further, contending that Porsche’s sound imitation too closely resembled a traditional internal combustion engine’s roar, making it indistinguishable as a Porsche. In the world of IP, the question wasn’t about realism but rather the sound’s ability to set Porsche apart from its competitors. Porsche countered, emphasizing that the sound was a deliberate creation, a product of ingenuity that extended beyond mere imitation.   Porsche also drew parallels to iconic sound trademarks like the Lightsabers from Star Wars and KITT‘s scanner from the Knight Rider television series, highlighting that simplicity didn’t diminish their memorability. They also pointed out a precedent set by their rival, BMW, which secured approval for a fake acceleration sound as a sound Trademark made by an Academy Award-winner Hans Zimmer.   The appeal now rests on the fine line between uniqueness and memorability. Will Porsche’s engineered sound earn its rightful place in the EV soundscape, or will it be forever silenced in the world of sound Trademarks? As the battle unfolds, Porsche’s appeal sets a notable precedent for the legal recognition of sound in the realm of Intellectual Property. Please stay tuned for more updates on this case as we witness the intersection of automotive innovation and Intellectual Property rights.   In Indonesia, registering sounds as Trademarks is also common. For example, we have Tokopedia, Walls, Mamypoko, and Netflix with its “ta-dum” already registered in the Indonesian Trademark Office (Directorate General Intellectual Property/ DGIP). The registration is somewhat different because it is included in the non-traditional Trademark category, namely by providing a more detailed description. It must consist of a sound recording accompanied by a notation or sonogram (visualization of the sound resulting from ultrasonic examination).   Should you require further consultation regarding Sound Trademark registration in Indonesia or abroad, please contact us at [email protected]. Source: DRIVE

Beyond-the-Racket-Intellectual-Property-in-the-World-of-Badminton-affa-global

Beyond the Racket: Intellectual Property in the World of Badminton

Intellectual Property

Beyond the Racket: Intellectual Property in the World of Badminton The 2022 Asian Games ended yesterday with a victory for the People’s Republic of China (PRC) with 383 medals. This achievement is far beyond Japan and South Korea, who are in second and third place with 188 and 190 medals. It is called the 2022 Asian Games because this 4 (four) annual event was supposed to be held in 2022, but due to the COVID-19 pandemic, it was finally shifted to September-October 2023, still in Hangzhou, China.   Of the 40 sports that are contested, 481 competitions have their charm. Imagine the enormous potential for sponsors when billions of eyes from different countries are focused on their favorite matches. Local brands can be instantly recognized throughout Asia.   The Trademark is not only displayed on the sidelines but also on the team shirts of each country. Therefore, the team’s failure to compete until the end is also a loss for their sponsors.   At the 2022 Asian Games, the Indonesian Badminton Team failed to win a medal for the first time since competing in 1962. So, what kind of Intellectual Property is there in Badminton?   1.     Copyrights Copyright Law applies to various aspects of Badminton, including written materials like coaching manuals, training guides, and literature related to the sport. Photographs and videos of Badminton matches, tournaments, and events are protected by Copyright. The rights to reproduce, distribute, and display these materials are typically owned by the creators, organizations, or governing bodies involved in Badminton.     Copyrights also apply to broadcasting and live streaming of Badminton matches and events. Broadcasting companies and event organizers have exclusive rights to transmit these events, and unauthorized use can lead to Copyright Infringement claims.   2.    Trademarks Trademarks protect logos, brand names, symbols, and mascots associated with Badminton equipment manufacturers, event organizers, and governing bodies. For example, recognizable Trademarks like the Yonex logo are protected to prevent unauthorized use that could confuse consumers or dilute the brand’s reputation.     When discussing a big event like the Asian Games, mascots and merchandise cannot be missed because many participants and spectators will hunt for merchandise as souvenirs. For this reason, the organizer needs to register the event name in various Trademark classes that protect merchandise products.   3.    Patents Patents come into play when Badminton equipment or technological innovations are developed. This could include Patent protection for new racket designs, shuttlecock technologies, or other equipment that offers a unique and inventive solution. These Patents prevent others from making, selling, or using these innovations without permission.     4.    Trade Secrets Some aspects of Badminton, especially proprietary techniques or training methods used by elite athletes or coaches, may be considered Trade Secrets. These are typically not publicly disclosed and are protected by maintaining their confidentiality. Unauthorized access or disclosure can lead to legal action.   It’s important to note that the specific IP regimes and their enforcement can vary from country to country and depend on the agreements between stakeholders in Badminton, such as equipment manufacturers, athletes, event organizers, and governing bodies. Legal protections are in place to encourage innovation, protect commercial interests, and ensure that the sport is conducted fairly and with respect for the Intellectual Property of all involved parties.   If you need further information about Trademark registration, Patent protection, or anything related to Intellectual Property, please do not hesitate to contact us via [email protected].

Switzerland-Maintains-Its-Innovation-Leadership-in-2023-Indonesia-Secures-61st-Position-affa-global

Switzerland Maintains Its Innovation Leadership in 2023; Indonesia Secures 61st Position

Intellectual Property1 Comment

Switzerland Maintains Its Innovation Leadership in 2023; Indonesia Secures 61st Position The World Intellectual Property Organization (WIPO) Global Innovation Index (GII) 2023 has been released, and it reveals that global innovation is on the rise, with the average GII score reaching an all-time high of 35.9. Switzerland leads with 67.6 points and Angola is in last place, 132nd, with only 10.3.   The GII ranks 132 countries based on their seven innovation performance categories, further divided into several criteria to generate these points. The details are as follows: 1. Institutions a. Institutional Environment i. Operational Stability for Businesses ii. Government Effectiveness b. Regulatory Environment i. Regulatory Quality ii. Rule of Law iii. Cost of Redundancy Dismissal c. Business Environment i. Policies for Doing Business ii. Entrepreneurship Policies and Culture   2. Human Capital & Research a. Education i. Expenditure on Education ii. Government Funding per Student iii. School Life Expectancy iv. PISA Scales in Reading, Maths, and Science v. Student-Teacher Ratio b. Tertiary Education i. Tertiary Environment ii. Graduates in Science and Engineering iii. Tertiary Inbound Mobility c. Research and Development (R&D) i. Researchers ii. Gross Expenditure on R&D iii. Global Corporate R&D Investors iv. Quacquarelli Symonds (QS) University Ranking   3. Infrastructure a. Information and Communication Technologies (ICTs) i. ICT Access ii. ICT Use iii. Government Online Service iv. E-Participation b. General Infrastructure i. Electricity Output ii. Logistic Performance iii. Gross Capital Information c. Ecological Sustainability i. GDP per Unit of Energy Use ii. Environmental Performance iii. ISO 14001 Environment   4. Market Sophistication a. Credit i. Finance for Startups and Scaleups ii. Domestic Credit to Private Sector iii. Loans from Microfinance Institutions b. Investment i. Market Capitalization ii. Venture Capital (VC) Investors iii. VC Recipients iv. VC Received c. Trade, Diversification, and Market Scale i. Applied Tariff Rate ii. Domestic Industry Diversification iii. Domestic Market Scale   5. Business Sophistication a. Knowledge Workers i. Knowledge-Intensive Employment ii. Firms Offering Formal Training iii. GERD Performed by Business iv. GERD Financed by Business v. Females Employed with Advanced Degrees b. Innovation Linkages i. University-Industry R&D Collaboration ii. State of Cluster Development iii. GERD Financed by Abroad iv. Joint Venture/ Strategic Alliance v. Patent Families c. Knowledge Absorption i. Intellectual Property Payments ii. High-Tech Imports iii. ICT Services Imports iv. FDI Net Inflows v. Research Talent   6. Knowledge & Technology Outputs  a. Knowledge Creation i. Patents by Origin ii. PCT Patents by Origin iii. Utility Models by Origin iv. Scientist and Technical Articles v. Citable Documents H-Index b. Knowledge Impact i. Labor Productivity Growth ii. Unicorn Valuation iii. Software Spending iv. High-Tech Manufacturing c. Knowledge Diffusion i. Intellectual Property Receipts ii. Production and Export Complexity iii. High-Tech Exports iv. ICT Services Exports v. ISO 9001 Quality   7. Creative Outputs  a. Intangible Assets i. Intangible Asset Intensity ii. Trademarks by Origin iii. Global Brand Value iv. Industrial Design by Origin b. Creative Goods and Services i. Cultural and Creative Services Exports ii. National Feature Films iii. Entertainment and Media Market iv. Creative Goods Exports c. Online Creativity i. Generic Top-Level Domains ii. Country-Code Top-Level Domains iii. GitHub Commits iv. Mobile App Creation   Switzerland tops the GII rankings for the 13th year in a row, followed by Sweden, the United States, the United Kingdom, and Singapore. The top 10 economies are all high-income countries. Still, several middle-income countries are also performing well in innovation, such as Indonesia joining China, Türkiye, India, the Islamic Republic of Iran, and Vietnam as the most impressive innovation climbers of the last decade.     For the 13th consecutive year, Switzerland ranks first in the GII. It is the global leader in innovation outputs, ranking first in both Knowledge and technology outputs and Creative outputs. Sweden overtakes the United States (US) to climb to second position. Sweden leads in Business sophistication (1st), Infrastructure (2nd), and Human capital and research (3rd). It holds top positions for its Researchers (1st) and Knowledge-intensive employment (3rd). The United States continues to head the league table of scoring best in the world in 13 of the 80 GII 2023 innovation indicators. It is number one in the world in indicators that include Global corporate R&D investors, Venture capital received, the quality of its universities, the combined valuation of its unicorn companies (a new GII indicator), software spending, and the value of corporate Intangible asset intensity.   Singapore enters the top five leading in South East Asia, East Asia, and Oceania (SEAO) region economies. Finland (6th) gets closer to the top five, gaining three ranks this year. It comes top worldwide in Infrastructure (1st).   Denmark (9th) and the Republic of Korea (10th) remain in the top 10. France (11th) gets closer, improving one rank this year, while Japan remains strong as the 13th most innovative economy. Israel re-enters the top 15, reaching 14th place.     After a rapid ascent, gaining 23 positions over the last decade, China ranks 12th this year, dropping one rank relative to 2022. China remains the sole middle-income economy to secure a position among the top 30, retaining 3rd place in the SEAO region and top spot in the upper middle-income group. Apart from China, there are only four other middle-income economies among the top 40 economies, namely, Malaysia (36th), Bulgaria (38th), Türkiye (39th) and India (40th).   Standout Countries’ 4-year Innovation Surge, 2019–2023 In the last four years, and since the pandemic, Saudi Arabia (48th), Brazil (49th), Mauritius (57th), Indonesia (61st), and Pakistan (88th) ascended most in the GII, in order of their rank progression.      In 2019, Indonesia was ranked 85th with 29.7 points. In 2020, although the points decreased to 26.5, the ranking remained at number 85. The increase was only one point in the following years (2021-2022), but it was enough to increase the ranking to the top 75. Of course, The peak this year is 61st place with 31.3 points.   Indonesia makes marked improvements in innovation outputs, notably in Knowledge Creation and Online Creativity. It excels in…

The-Coffee-Business-and-Intellectual-Property-A-Perfect-Blend-affa-global

The Coffee Business and Intellectual Property: A Perfect Blend

Intellectual Property

The Coffee Business and Intellectual Property: A Perfect Blend The world of coffee is a flavorful fusion of tradition and innovation. From unique blends to cutting-edge brewing methods, the coffee industry is rich with Intellectual Property opportunities. In this article, we’ll explore the various aspects of Intellectual Property, from Trademarks to Patents, Copyrights, and more, and how they’re intertwined with the coffee business. Whether you’re a coffee connoisseur or a seasoned roaster, here’s a breakdown of the fundamental Intellectual Properties related to the coffee industry:   Trademarks Coffee Brand Names Trademarks protect the unique names and logos of coffee brands. Think of iconic brands like “Starbucks” or “Kapal Api.” Coffee Shop Names Trademarks also apply to coffee shop names, creating brand recognition for businesses like “The Coffee Bean & Tea Leaf” or “Kenangan Coffee.”   Patents Coffee Brewing Technology Patents protect innovative coffee brewing methods and machines—for instance, the invention of the espresso machine in 1884 by an Italian inventor, Angelo Moriondo. Coffee Roasting Equipment Patents can cover advancements in coffee roasting technology, ensuring that unique processes are protected.   Copyrights Coffee Art and Labels Coffee packaging often includes artistic designs and labels. Copyrights safeguard these creative elements. Coffee Literature Copyrights can apply to books, articles, or marketing materials related to coffee, including coffee history, brewing guides, and more.   Trade Secrets Coffee Blends Coffee companies may have closely guarded trade secrets related to their unique coffee blends and recipes. Roasting Profiles The specific roasting profiles for different coffee beans can also be considered Trade Secrets.   Geographical Indications Origin-Based Labels Some coffee regions, like Arabica Gayo coffee or Jamaican Blue Mountain coffee, are known for their distinct flavors. Geographical Indications protect these regional characteristics.   Industrial Designs Coffee Machine Aesthetics The design of coffee machines, from espresso makers to grinders, can be protected by Industrial Design rights. Unique Packaging The distinctive packaging of coffee products, making them easily recognizable on store shelves, can also be registered as Industrial Design.   Plant Variety Protection Unique Coffee Varieties: Specific coffee plant varieties may sometimes be protected to ensure that only authorized growers can cultivate them. For example, Gayo Arabica coffee has several varieties registered as Plant Variety Protection in Indonesia.   Licensing & Franchising Agreements Distribution Rights To distribute a specific brand of coffee, you must obtain official approval from the owner, stating several details, such as distribution scope, licensing validity period, and how much royalties can be given. Franchising Coffee businesses with networked shops usually have a franchise agreement, where the franchisee has obtained permission from the franchisor with a registered Trademark to open a coffee shop based on a predetermined business model.   From a coffee business, there are many additional opportunities to increase income from various existing Intellectual Property, and it would be a shame if they were not maximized. If you need further information about Trademark registration, Patent protection, or anything related to Intellectual Property, please do not hesitate to contact us via [email protected].

Asia-Business-Law-Journal-Names-AFFA-IPR-as-The-Top-Law-Firm-in-Indonesia-for-IP-Enforcement-affa

Asia Business Law Journal Names AFFA IPR as The Top Law Firm in Indonesia for IP Enforcement

Intellectual Property

Asia Business Law Journal Names AFFA IPR as The Top Law Firm in Indonesia for IP Enforcement AFFA Intellectual Property Rights has been the fortress guarding our clients’ invaluable IP assets for over two decades. Our journey, which commenced in 1999 under the visionary leadership of our founder, the late Achmad Fatchy, has now found its course under the capable guidance of Emirsyah Dinar as Managing Partner and Fariz Syah Alam as Trademark Partner. With a formidable team of over 70 IP experts, we have consistently delivered unwavering support to our clients.   We proudly serve a diverse clientele, ranging from esteemed government entities and state-owned enterprises to industry giants within Indonesia, extending our reach to East Timor and beyond. The faith bestowed upon us by our clients fuels our commitment to excellence.   Winning an award from Asia Business Law Journal is a testament to your trust in us as your legal partner. This accolade is not just a token of recognition; it represents our unwavering dedication to delivering the best legal solutions to our valued clients like you. Asia Law Business Journal is highly regarded for its rigorous evaluation process, ensuring that only the most deserving firms and practitioners receive these honors.  This award reaffirms our commitment to excellence and innovation in the legal field. We are truly grateful for your continued support and trust, and we look forward to achieving even more significant milestones together in the future.  

形容词能否注册为商标？affa

形容词能否注册为商标？

Intellectual Property

形容词能否注册为商标？ 为了独树一帜并拥有高卖点，有时企业主希望添加形容词为商品或服务打上品牌。因此， “美丽的裙子”、“热咖啡”、“吃得美味”、“楼梯下”、“天空屋顶”、“独立成功”或“永恒的荣耀”等作为企业名称如此常见。但这些名称可注册为商标吗？ 根据《印尼语大词典》（KBBI），形容词是描述名词的词，一般用 “更”和 “非常”等连词连接。除上述词语外，形容词的其他例子包括甜-咸、少-多、老-少、富-穷、大-小、悲-喜、近-远等等。 若参考2016年第20条法律《商标和地理标志法》以及由2023年第6条法律关于将2022年第2号《创业法》修改为政府规定的法律》进一步修改的法律，这些法律没有明确规定禁止在商标中使用形容词，只要形容词能够以图形方式显示并与之前注册商标有区别。然而，还需查看该形容词的使用是否唯一，或仅仅是第二个相关词。若是如此，这将违反《商标法》第二十条至第二十一条关于商标不可注册（绝对驳回理由）和驳回（相对驳回理由）的规定，具体如下：   绝对拒绝注册的理由（商标法第20条） 若以下情况之一成立，商标将无法注册或不符合商标资格： a. 违背国家意识形态、法律法规、道德、宗教、礼仪或公共秩序。例子：带有种族攻击性或粗俗的品牌，如 “烧死马卡萨”。 b. 与申请注册的商品和/或服务相似、相关或仅提及申请注册的商品和/或服务。例子：“黑巧克力” 不可注册，因为它只描述巧克力的质量或类型。知识产权总局关于仅与商品种类有关的词语，或仅与商品有关的一个词语（在本案中为 “巧克力” 的规定仍然必须为公众所使用。 c. 包含可能在申请注册的商品和/或服务的原产地、质量、类型、大小、品种、用途等方面误导公众的内容，或者是类似商品和/或服务的受保护植物品种的名称。例子：“巴布亚肉串”由加鲁特羊制成，非巴布亚人制作，使用马都拉斯食谱，在万丹地区出售。 d. 包含与所生产的商品和/或服务的质量、效益或功效不符的信息。例子：“美味鹅卵石” e. 缺乏区分力例子：缺乏独特性或过于简单的品牌，如“鸡肉粥”。 f. 是公共财产的公共名称和/或标志。例子：禁止使用“P Coret” (禁止停车)标志，因为此标志表示公共使用的禁止停车，禁止使用“餐厅”一词指餐馆，“咖啡店” 用于咖啡馆，而“骷髅符号”则用于危险标志。 g. 包含功能性的形式。例子：餐厅使用的“勺-叉”标志。   驳回的理由（《商标法》第21条） 在商标视为合格后，将进入下一个分拣过程，并符合以下标准： 1. 与其他方拥有或其他方为类似商品和/或服务预申请的注册商标在原则上或整体上有相似之处。 2. 与其他方拥有或其他方为类似商品和/或服务预申请的注册商标在原则上或整体上有完全相似之处。 3. 与其他方拥有的类似商品和/或服务的驰名商标在原则上或整体上有相似之处。 4. 与已注册的地理标志在原则上或整体上有相似之处。 5. 代表或类似名人的姓名或缩写、照片或他人拥有的法律实体的名称，除非获得合法所有者的书面同意。 6. 代表或类似于一个国家、国家或国际机构的名称、旗帜、徽章或标志或徽章的名称或缩写，但经主管当局书面同意的情况除外。 7. 代表或类似于国家或政府机构使用的官方标志或印章，除非获得授权方的书面同意。 8. 若申请人存有恶意提交申请，该申请将被拒绝。   若您的商标与另一方的注册商标实质上或完全相似，要查明您的商标是否可以逃脱相对拒绝理由，必须进行“追踪”只有通过这一过程，您才能看到真实的可比性，并深入了解您的商标被知识产权总局（DJKI）接受的可能性。   包含形容词并已在DJKI注册的商标示例如下： 第 30 类中的 “Makmur”（繁荣），自 2009 年起列名。 第 41 类中的 “Kisah Bawah Tanah”（地下故事），自 2019 年起注册 第 5类中的“Madu Enak”（美味蜂蜜），自 2019 年起注册。 第 25 类中的 “Atas Bawah”（自上而下），自 2022 年起注册。 第 17 类中的 “Cantik”（美丽），自 2022 年起注册。   如果在追溯过程中，发现其在原则上或整体上与其他方拥有的类似商品和/或服务的注册商标相似，建议进行语音开发。例子： –   将形容词“Makmur”（繁荣）改为“Makmoor”或“Makmore”。 –   将形容词“Enak”（美味）改为“Enyaak”或“En@@k”。   如需进一步咨询有关商标注册和命名以避免驳回的问题，请随时通过 [email protected] 与我们联系。 来源： –   印度尼西亚共和国法 2016年第20号商标和地理标志法 –   2023年第6条法律关于将2022年第2号《创业法》修改为政府规定的法律》 –   DJKI的知识产权讲座： 商标注册对企业的重要性