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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

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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].

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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…

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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].

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Lost in Translation – The Ultimate Guide to Submit Patent Translation Documents in Indonesia

Intellectual Property

Lost in Translation – The Ultimate Guide to Submit Patent Translation Documents in Indonesia As Indonesia has become a more popular Patent filing destination in recent years, more and more international applicants have filed Patent applications in the country by relying on their Priority Applications at their country of origin or using the PCT method. However, the Patent description, claims, figures, and abstract are likely submitted in other languages first before being translated into the Indonesian language (Bahasa Indonesia).   Legal Basis of Submitting the Indonesian Translation before the Patent Office Unlike in other jurisdictions in the world where Patent descriptions, claims, figures, and abstracts can be filed in English, Article 34 of the Law No. 13 Year 2016 on Patents requires the description to be translated into the Indonesian language no later than 30 working days from the Filing Date of the Patent application.    The Regulation of the Ministry of Law and Human Rights No. 38 Year 2018 on Patent Applications also reinforces the requirement stipulated by the Patent Law.   On the practical side of view, the examiners must receive the Indonesian translation of the aforementioned documents so that they can efficiently examine the applications in a timely manner.    Consequence of Late Submission of the Translation In the event the Applicant fails to submit the translation within the prescribed time limit, then the Patent application will be deemed as withdrawn.   Typical Translation Issues in Indonesia Based on our experience, there have been some cases where the examiners disagree on certain technical terms used in the description, claims, figures, and abstract. This is quite common and usually, the applicant has the option either to conform or challenge the use of such term, provided the argument can be backed up scientifically as well. Furthermore, there have been cases in Indonesia where the translation is not done properly (i.e. poor machine translation). It is best to always use experienced Patent translators with the capabilities to use CAT (Computer Assisted Translation) tools. Given the complexity and importance of Patent applications and translations, many applicants seek professional assistance from experienced Patent Attorneys in Indonesia. These professionals can guide you through the entire process, including translation, to ensure compliance with local regulations.   Cost Considerations Translation services can incur costs, so budgeting for this expense is essential when preparing your patent application in Indonesia. The quality and accuracy of the translation are worth the investment to protect your Intellectual Property effectively.   Submitting Indonesian patent translation specifications, claims, and figures is a meticulous process that requires attention to detail and adherence to legal requirements. It’s a critical step in protecting your intellectual property in the Indonesian market and ensuring your patent application is complete and valid.   Should you have any questions about submitting Patent in Indonesia, please do not hesitate to contact us at [email protected].

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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

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COSPLAY and Intellectual Property: Navigating the Legal Landscape

Intellectual Property

COSPLAY and Intellectual Property: Navigating the Legal Landscape Cosplay has become popular again as a form of pop culture activity since the COVID-19 pandemic restrictions ended. Malls in all corners compete to host various events featuring Cosplayers to increase visitors. But not many people know that Cosplay is an activity on the “edge of the cliff” when viewed from an Intellectual Property (IP) perspective. How come?   Definition of Cosplay Taken from the words “Costume & Play,” Cosplay is the activity of playing using character costumes, whether from films, TV series, video games, comics, or characters from other popular culture. People who carry out Cosplay activities are called Cosplayers. We can easily find them at pop culture-based events, such as “Comic Conventions,” dominated by IP from America, or “Anime Conventions,” dominated by IP from Japan.   Cosplayers proudly wore their favorite character costumes at these events, socialized with fellow fans, or participated in competitions. Yes, Cosplay is also regularly contested with quite big prizes. This is one of the factors why the number of Cosplayers continues to increase. Because Cosplay has become a place to earn money, increase popularity, and expand friendships. The rise of Cosplay activities has also given rise to various derivative professions. Starting from Costume Makers with their respective specifications, whether for costumes made from cloth, foam, resin, or leather. Then, the Prop Makers make costume-supporting equipment such as armor, swords, or other weapons. Also, trained Performers with acrobatic or martial arts skills are specifically hired to play certain characters. Then we have Cosplay Judges who are staffed by “seniors” with high-flying hours and have won many competitions at home and abroad. Unfortunately, all of these professions receive payment for using characters without the permission of the creator or owner of the character. This factor causes Cosplay to become an activity on the edge of Intellectual Property violations.   Every Popular Character is Copyrighted Every character, realized in various media, whether considered popular or only known to a few people, is included in the “Creation.” According to Article 1 of the Copyright Law, this Creation is a creative work in science, art, and literature produced based on inspiration, ability, thought, imagination, talent, skill, or expertise expressed in concrete form.   The Creator is given exclusive Economic Rights, so only the Creator has the right to obtain financial benefits, including commercial use of his Creation. It is also important to remember that the Exclusive Right to Copyright arises automatically based on the Declarative Principle after a work is realized in actual form, without the need to go through a registration process as with Trademarks, Patents, or other Intellectual Property.   In other words, if another party wants to use or utilize a Creation commercially, they must first obtain permission from the Creator, as regulated in Article 9, Paragraphs 2 and 3 of the Copyright Law.   Sanctions for Violations Unfortunately, the various professions derived from the Cosplay activities above can specifically be categorized as forms of Copyright Infringement. For Costume and Prop Makers violating Article 9 Paragraph 1 letters (b) and (d) regarding the Duplication of Works in all their forms, as well as Adaptation and Transformation of Works; Meanwhile, Event Organizers who invite costumed Performers or Cosplay Judges may be deemed to have violated Article 9 Paragraph 1 letter (f) regarding Creation Performances. Criminal sanctions regulated in Article 113 of the Copyright Law as follows: Costume & Prop Maker: Prison max. 4 years and/or fine max. one billion rupiah. Cosplay Event Organization: Prison max. 3 years and/or fine max. 500 million rupiah.   The sanctions given to costume makers could be more severe if they deliberately sell themselves as sellers of costumes made from characters with registered Trademarks and/or parts of their costumes take designs from products with registered Industrial Designs. So he could be subject to sanctions from the Trademark and Industrial Design Law simultaneously!   Copyright Restrictions But fellow Cosplayers or all related derivative workers don’t need to worry because there are restrictions or exceptions for actions that are still not considered Copyright Violations. Namely, if the duplication and/or performance is free of charge, provided that it does not harm the reasonable interests of the Creator.   In other words, if the Cosplay activity is designed as a paid show where the audience must buy tickets, or Brand X pays a Cosplayer complete with the costume to promote a product from Brand X, then it is inevitable that there has been a Copyright Violation.   However, because the criminal provisions on Intellectual Property are a complaint offense, there must be a direct objection from the Creator to all activities carried out by the Cosplayer and any derivative work thereof. What can happen is, even in a free Cosplay show or free costume making, if the Creator finds out, objects, and does not give permission for whatever reason, a lawsuit can still be filed.   Cosplay Practice in the USA and Japan Even though it is considered a fun activity without limits and upholding freedom of expression, Cosplay still has to comply with several pretty strict rules. For example, if done privately, Cosplayers must abide by the norms of decency; neither their costumes nor their behavior must disturb public order. In this personal activity, Japan has stricter rules than America. In Japan, it is impossible to find people busking in character costumes in the middle of the street. Apart from disturbing public order, it could be considered to damage the image of the character he presents.   Street Performers In America, Cosplayers are categorized as Street Performers. They are free to express themselves even if there is no event, but the area is minimal if they take to the streets or public spaces for activities. A famous example of this restriction is the streets painted Light Blue around New York’s Times Square. If they act outside that area, they can be immediately arrested by the police. Indonesia also has regional regulations that prohibit busking or…

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Adjectives on the Trademark Frontier What’s Allowed in Indonesia?

Intellectual Property

Adjectives on the Trademark Frontier What’s Allowed in Indonesia? To be unique and have high selling value, sometimes business owners want to add adjectives to the trademark of their goods or services. That’s why we often see names like “Beautiful Dress,” “Hot Coffee,” “Delicious Foods,” “Under Table,” “Above Sky,” “Self Success,” or “Eternal Win” as business names. But can these names be registered as trademarks?   According to the Indonesian Dictionary (KBBI), adjectives are words that can describe nouns, which can generally be combined with the words “more” and “very.” Apart from the words mentioned above, other examples of adjectives are sweet-salty, little-a lot, young-old, rich-poor, big-small, sad-happy, far-close, and many more.   If we refer to Law (UU) Number 20 of 2016 concerning Marks and Geographical Indications which was subsequently amended by Law Number 6 of 2023 concerning the Determination of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law,   Suppose we refer to Law Number 20 of 2016 concerning Marks and Geographical Indications which was subsequently amended by Law Number 6 of 2023 concerning the Determination of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law. In that case, no special provisions prohibit the use of adjectives in a trademark as long as they can be displayed graphically and have distinguishing power from previously registered trademarks. However, it is also necessary to see whether this adjective is the only word used or only the second related word. If this is true, it will conflict with Articles 20 to 21 of the Trademark Law, which make the mark unable to be registered (Absolute Grounds for Refusal) and rejected (Relative Grounds for Refusal), as follows:   Absolute Grounds for Refusal (Article 20 of the Trademark Law) A trademark cannot be registered or is not eligible to be a trademark if: a. Contrary to state ideology, laws and regulations, morality, religion, decency, or public order. Example: Trademarks that offend ethnicity, religion, ancestry, and group of people or are vulgar, such as “Burn Java.”   b. Relates to, or only mentions, the goods and/or services for which registration is requested. Example: “Dark Chocolate” cannot be registered because it only describes the quality or type of chocolate. The Indonesian Trademark Office (DGIP) rules regarding words that only relate to the kind of item or the thing in one word; in this case, “Chocolate” can not be registered and must still be used by the public.   c. Contains elements that can mislead the public about the origin, quality, type, size, type, intended use of goods and/or services for which registration is requested or is the name of a protected plant variety for similar goods and/or services. Example: “Papuan Satay” but not made by Papuans, using a Madurese recipe with Garut Lamb, and sold in the Banten region.   d. Contains information inconsistent with the quality, benefits, or efficacy of the goods and/or services produced. Example: “Tasty Pebbles.”   e. It has no distinguishing power. Example: Brands with nothing unique or too simple, such as “Chicken Porridge.”   f. Common name and/or symbol of public property. Example: The “P Strikethrough” logo means No Parking.   g. Contains functional image forms. Example: “Fork & Spoon” logo for a restaurant.   Relative Grounds for Refusal (Article 21 of the Trademark Law) Once your Trademark is deemed worthy, they will proceed to the following sorting process, with the following criteria: Having similarities in principle or its entirety with a registered Trademark belonging to another party or previously applied for by another party for similar goods and/or services. Has similarities in essence or its entirety with a well-known Trademark belonging to another party for similar goods and/or services. Having similarities in principle or its entirety with a well-known mark belonging to another party for dissimilar goods and/or services that meet specific requirements. Has similarities in essence or its entirety with registered Geographical Indications. Represents or resembles the name or abbreviation of the name of a famous person, photo, or a legal entity owned by another person, unless with written approval from the person entitled to it. An imitation or resembles the name or abbreviation of a country or national and international institution’s name, flag, symbol, or emblem, unless with written approval from the authorized party. Imitation or resembles an official mark, stamp, or seal used by a state or government institution unless with written approval from the authorized party. The application is only accepted if it is submitted by an applicant with good intentions.   To determine whether your Mark can pass the Basis of Relative Rejection, where it is substantially or entirely similar to a registered Trademark belonging to another party, you must conduct a “search” process. Only by carrying out this process can you see real comparisons and gain insight into how likely your Brand will be accepted by the Indonesian Trademark Office: Directorate General Intellectual Property (DGIP).   Some examples of Trademarks that contain adjectives and have been registered with DGIP are: “BEAUTIFUL” registered in class 9, since 2003 “HAPPY” registered in class 35, since 2003 “BIG” registered in class 19, since 2013 “HOT&COOL” registered in class 21, since 2015 “RICH” registered in class 11, since 2015   Suppose during the search process you find similarities in essence or their entirety with a registered Trademark belonging to another party for similar goods and/or services. In that case, you can carry out phonetic development as one of the tips. Example: Replacing the adjective “Beautiful” to “Beuteeful” or “Beautivul”. Replacing the adjective “Delicious” to “Delizzious” or “Delicyus”.   Should you require further consultation regarding Trademark registration and its naming to avoid rejection, please contact us at [email protected]. Sources: Law Number 20 of 2016 concerning Trademarks and Geographical Indications Law Number 6 of 2023 concerning the Determination of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law IP Talks DGIP: The Importance of Trademark Registration for Business  

Media-Missteps-5-Intellectual-Property-Blunders-to-Avoid-affa-global

Media Missteps: 5 Intellectual Property Blunders to Avoid

Intellectual Property

Media Missteps: 5 Intellectual Property Blunders to Avoid The government’s efforts to remove Indonesia from the US investment blocklist published by the United States Trade Representative (USTR) through the 2023 Priority Watch List (PWL) are heavy. Apart from improving regulations and law enforcement efforts, education regarding the importance of Intellectual Property must continue to be carried out on a massive scale.   Unfortunately, the big media, which should take that role, often become part of the piracy. Finally, the media is the party that must be educated earlier so that this education can resonate more with society.   The following are five major media sins that we often encounter in their reporting: 1.    Using the Word “Patent” for Every Intellectual Property Regime Because the Indonesian Dictionary (KBBI) still describes Patent as “a right given by the government to someone for an invention for their use and to protect it from imitation (piracy),” this word is still often used as a substitute for Intellectual Property. Patents are only one of the various types of intellectual property; that means the description from the KBBI is different from what is stated in Law No. 14 of 2001 concerning Patents. This misconception has resulted in the narrative of “patenting a trademark” or “patenting various food recipes,” which we commonly hear in large or small media coverage. Previously, we published a short article regarding the differences between Patents and other Intellectual Property here: Patented Trademark? Registering Copyright? What Are The Correct Terms?   2.    Reporting Piracy, but Showing the Source Several media already have good intentions in warning the public not to access materials such as films or music that we should only be able to enjoy in cinemas or official streaming channels through illegal sites. However, in its reporting, the media displayed a screenshot containing the address of the illicit site. This is a blunder because it lures more of the public into accessing it. Such coverage can also be considered as dissemination of illegal material and can be subject to criminal sanctions as regulated in Article 113 of the Copyright Law. Therefore, keep good intentions from ending up causing problems.   3.    Unauthorized Use of Material Dozens of years ago, when YouTube became increasingly popular and became a source of information with attractive visuals, TV media competed to use it as material for new programs, which they thought were unique for their loyal viewers: People live in remote areas and still have difficulty accessing the internet. The media’s opinion then was, “Everything on the internet means the public can access it so that it can be used commercially for free.” This contradicts Article 8 of the Copyright Law, which states that only the creator or, in this case, the creator/ photographer/ original video maker has the right to Economic Rights over his creation. In other words, if the media wants to make a TV program based on these works, let alone get advertising from their broadcast, they must obtain permission from the creator. Even platforms like YouTube are subject to Copyright Laws. The Terms of Service state that any violations can be followed up with applicable legal processes. Assuming that each work can still be used freely under “fair use” will not apply if the creator objects. Currently, although the media is more aware of copyright issues by including the address of the original material, this is only a justification for publishing it with permission. So, to avoid lawsuits in the future, please make sure to first ask permission from the owner of the material you want to use as coverage/program material.   4.    Overclaim on YouTube When mainstream media began to use YouTube as an additional source of income, they also uploaded all their programs and coverage on that streaming channel so that viewers could watch the material anytime, anywhere. Based on legality and high viewership, YouTube also indirectly gives confidence that every material uploaded by them is considered to have “strong copyright protections.” This becomes dangerous when the media uploads material that does not belong to them. For example, when making a report or interviewing a content creator. To make the visuals attractive, the media will display a few minutes of video insert made by the creator. The creator had long published the video on YouTube. Still, after the media uploaded its coverage program containing part of the video, the creator’s video was deemed to have violated copyright. This has happened several times and has gone viral on social media. Luckily, cases like this do not result in criminal charges because they can be resolved by turning off copyright protection on videos uploaded by the media.   5.    Glorification of Intellectual Property Violations This last sin can be said to be the one we encounter most often, which indirectly maintains violation activities to continue to occur in Indonesia. In the name of “Good News,” media reports often feature success stories from Small and Medium Enterprises (SMEs) in rural areas. However, the problem is the business activities carried out by these SMEs violate Intellectual Property. For example, making handicraft products, fabrics, or clothing that utilize popular characters from abroad without permission. The media proudly described their huge income as an “inspirational success story.” For those of us who understand this condition, it will undoubtedly be uncomfortable because the media reporters who cover these activities should be able to spearhead efforts to educate the public regarding Intellectual Property awareness. Please don’t use other people’s protected characters again when their production numbers are already high. It’s time to produce original characters, which are not impossible to provide added value for SMEs. By ignoring it, the media endangers these SMEs by positioning them as open shooting targets for the actual IP owners. With the news of the enormous income generated, the original owner will file a lawsuit at the highest level, and whose fault is that?   That’s all the five significant media sins we see frequently today. Hopefully,…

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Building ASEAN Competence in the World Through Geographical Indications

Intellectual Property

Building ASEAN Competence in the World Through Geographical Indications Geographical indications (GIs) are vital in identifying products from specific regions known for their unique quality and characteristics. These indications are increasingly crucial to consumers who seek authenticity and quality in their purchases.    GIs apply to various sectors, including industry, agriculture, and handicrafts, promoting diversity within these domains. GIs guarantee product quality for consumers, offering protection against misleading origin descriptions. Furthermore, they foster trade on national, regional, and international scales, support rural development by creating jobs and higher incomes, and promote regions as tourism destinations. GIs also significantly preserve traditional knowledge and local biodiversity, often rooted in community-driven, traditional processes. Since the inception of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) in 1994, GI protection systems have expanded globally, notably in Asia. The Association of Southeast Asian Nations (ASEAN) countries have actively embraced GI identification and registration as a strategic tool for domestic and international market presence. As of January 2019, ASEAN countries have registered an impressive 346 GIs. This includes 37 foreign GIs, illustrating ASEAN nations’ remarkable interest in GI protection.   Thailand, Malaysia, & Indonesia Lead the Awareness These registrations vary among countries. Thailand leads with 115, followed by Malaysia at 84, Indonesia at 74, Vietnam at 69, Cambodia at 3, and Lao PDR at 1. Eight GIs have been registered in the European Union market, such as Kampot Pepper from Cambodia and Nuoc Nam Phu Quoc from Vietnam. The EU-Singapore Free Trade Agreement is poised to introduce EU GIs to Singapore, further underscoring the global significance of GIs in trade and commerce.     As with other Intellectual Property Rights, there is no common legal framework for protecting GIs at the ASEAN regional level. Each country has its own GI legal framework. Due to their relationship with the EU, most ASEAN member states (8 out of 10) have followed the sui-generis approach for protecting GIs, where the application includes a “book of specifications” or “description document” comprising the descriptions of the product, geographical area, method of production, and the link between the product and its geographical origin. The exceptions are the Philippines and Brunei Darussalam, which protects GIs through its Trademark systems.   Geographical Indications Increase Various Product Prices In the EU, the price of a GI product has been estimated at 2.23 times the price of a comparable non-GI product (on average, 1.5 times more for agro-food products).  Another worldwide study estimates that the GI premiums lead to prices 20% to 50% higher than comparable non-GI products. In the ASEAN region, GIs show a positive impact in terms of volumes, prices, and local development. For example, for all the GIs for pepper, there has been an increase in prices during a period where the international price of pepper was relatively stable. The price of Kampot White Pepper (Cambodia) increased by a factor of 2.6 between 2009 and 2018, the price of Muntok White Pepper (Indonesia) increased by a factor of 6 between 2009 and 2015, while the price of Sarawak Pepper (Malaysia) increased by a factor of 4.32 from 2003 (before GI registration) to 2016 (after GI registration) for sales in bulk.     Other successful GIs are in the area of coffee, with the farm gate price of Flores Bajawa Arabica Coffee Red Berries (Indonesia) increasing by a factor of 2.2 between 2005 and 2015, although such price increase remains unstable. For Doi Chaang Coffee (Thailand), the price of coffee berries evolved by a factor of 2. Buon Ma Thuot Coffee (Vietnam) benefits from an added value of 2–3% compared with the standard comparable coffee. Fruits also primarily benefit from GI protection, with the Koh Trung Pomelo (Cambodia) farm gate price increasing by a factor of 1.33 and the price of Pakpanang Tabtimsiam Pomelo (Thailand) rising by a factor of 1.75.     Finally, handicraft goods such as the Lamphun Brocade Thai Silk have seen some higher revenues following GI registration, with an increase in price by a factor of 1.5.  Other vital benefits of GIs are the development of the GI product value chain structure and the creation of a collective organization of producers and processors for the management of the GI, such as the Community for the Protection of Geographical Indication of Amed Bali Salt (Indonesia). Agro-tourism, another key benefit, was developed in the Sarawak Pepper (Malaysia) area, coffee festivals have been organized in Buon Ma Thuot (Vietnam), and the preservation of traditional rice varieties is carried out with the GI Khao Kai Noi (Laos).   Protecting GIs in the European Union and International Markets Like other forms of Intellectual Property, GIs need to be protected in each country where protection is sought, according to the legal framework of that particular country. For non-EU products to be registered in the EU market, producers send their applications directly or via national authorities to the European Commission.  For spirit drinks and agri-food products, the European Commission has a maximum of 12 and 6 months to examine the application. Foreign GIs will be registered as GIs in the EU market if they fulfill the conditions of the EU system, which are a link between the product and its place of origin and the presence of a control mechanism. Foreign GIs can be protected as a Protected Designation of Origin (PDO) or a Protected Geographical Indication (PGI), the two systems in place in the EU.   PDO or PGI? Product names registered as a PDO have the most vital links to the place they are made, with every part of the production, processing, and preparation process taking place in the specific region. For wines, this means that the grapes have to come exclusively from the geographical area where the wine is made.   PGI emphasizes the relationship between the specific geographic region and the product’s name, where a particular quality, reputation, or other characteristic is essentially attributable to its geographical origin. For PGI, for most products, at least…