Key-Proposed-Changes-to-the-Indonesias-Patent-Law-affa

Key Proposed Changes to the Indonesia’s Patent Law

Intellectual Property

Key Proposed Changes to the Indonesia’s Patent Law Science and technology are essential in increasing competitiveness and the national economy. Therefore, Indonesia must create Human Resources that are innovative and able to adapt to developments in global phenomena, as well as have a strong understanding of Intellectual Property (IP), especially in the field of Patents.   Based on research results from the World Intellectual Property Organization (WIPO), Patent applications worldwide continue to increase yearly. This shows that the world community needs protection for its innovative works, including Indonesia, which is very likely to produce many innovations and create inventions that society needs by encouraging domestic innovation to align with economic growth.   Patent rights impact the economy and are closely related to technological development and mastery. For every innovative product produced, there will continuously be increased economic value. Inventors always carried out research and studies so that their technology was needed and could be commercialized. If the Patent is successful in attracting market interest, it will, of course, allow other parties to use the invention they own. This is where the public can exploit the Patent through a Patent License. Currently, patent applications in Indonesia are still dominated by applicants from abroad. Therefore, the Directorate General of Intellectual Property (DGIP) strives to improve services to the public by conducting outreach and assisting in the preparation of Patent specifications (Patent Drafting). The hope is that Patents in Indonesia have a more critical role in improving the economy and social welfare related to innovation, research results, technological inventions, and trade in goods and services.   Base of Change 1. Philosophical Basis The Patent Law must provide fair protection not only for the interests of society but also for the global economy/ Patent Holders, whether from Indonesia or outside Indonesia and follow generally accepted standards based on international agreements. 2. Sociological Basis The public’s need for increased and more accessible services in the Patent regime to respond to the speed of global development and innovation in society means there is a need to organize the Patent system. 3. Juridical Basis Several provisions in the Patent Law need to be adjusted to international provisions through policies that are responsive to global development needs while still prioritizing the social needs of society.   Purposed of Amendments Increase protection of Intellectual Property Rights of traded products. Guarantee procedures for implementing Intellectual Property Rights that do not hamper trading activities. Develop regulatory principles and international cooperation mechanisms to handle trade in goods resulting from counterfeiting or piracy of Intellectual Property Rights.   Problematic Issues 1. National Innovation Issues Simple Patent/ Utility Model (Article 23) Changes were made by speeding up the Patent acquisition process from 12 months to 6 months to encourage the acceleration of domestic production and economic growth. Computer Applications (Article 4 letter d) Inventions implemented on computers are grouped into system, method, and use categories under the expanded definition of inventions carried out to encourage economic growth based on 4.0 and 5.0. For the record, since 2016, Patent Applications related to inventions implemented on computers have increased to 30-40% per year of all total patent applications. Second Use & Discovery (Article 4 letter f) Regarding Second Use and Discovery, the changes were made because they hinder innovation in the pharmaceutical sector, especially to encourage the growth and innovation of traditional medicines. Grace Period (Article 6) The Grace Period was changed by extending it from 6 to 12 months to allow all Inventors in Indonesia to register a Patent.   2. Issues of Harmonization of International Regulations Use of Products or Processes in Indonesia (Article 20 & Article 20A) Regarding the implementation of a Patent by the Patent Holder, changes are made by adding to recognize the implementation of imports and licensing as the implementation of the Patent by the Patent Holder as mandated by Article 20.   3. Patent Servicing Issues by the DGIP Changes to Applicant Data (Article 25) The changes were made because the Patent Law, which relates to administrative requirements, still needs to accommodate the title of the invention in the identity content of the Patent application.The title of the invention is essential in a Patent Application, paired with the application number for accurate data validity. Genetic Resources (Article 26) For Genetic Resources and/or Traditional Knowledge, changes have been made to simplify the Patent process by simply making a “declaration” letter. Acceleration of Substantive Examinations (Article 55A) Changes are made so that the application timeline is expected to be faster and more efficient, considering that in practice, Patent Application documents become “sleeping documents” during the waiting process for 18 (eighteen) months; in this way, services can be improved. Substantive Re-Examination (Article 68 and Article 70) The changes were made to overcome cases that occurred because there were still many Applicants who did not understand the Patent Application system and procedures in Indonesia, as well as poor communication between Patent Applicants and Patent Examiners, as well as to provide more opportunities for Applicants who wanted to review the decisions given. Patent Annuity/ Renewal (Article 112, 126, 127, 128, & 128A) Changes were made in anticipation of resolving problems that arise in the practice of fulfilling renewal/ annuity payments.   Direction of Amendments 1. Encouraging national innovation by increasing Intellectual Property Registration Opening opportunities to obtain Patent Rights for all fields of technology Cost reduction for SMEs 2. Encouraging national innovation by increasing Intellectual Property Registration Adapting Regulations to International Law Protecting investors by protecting their technology. 3. Improved services by simplifying regulations Simplifying the Patent acquisition process Improve automation systems   Should you have questions or need other information regarding patent registration and protection in Indonesia and abroad, please get in touch with us via [email protected]. Source: DGIP – Urgency of Changes to Law No. 13 of 2016 concerning Patents to Support the Economy

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Comprehensive Trademark Protection: Post-Registration Best Practices

Intellectual Property

Comprehensive Trademark Protection: Post-Registration Best Practices Even though it has offensive and defensive functions, owning a Trademark Certificate does not necessarily prevent your Trademark from being counterfeited. Moreover, if you are a market leader, there will always be irresponsible parties who want to take advantage of profits badly.   According to data from the Indonesian Anti-Counterfeiting Society (MIAP), losses suffered by producers in 2020 from counterfeit goods have reached IDR 290 trillion. Most counterfeiting comes from software and cosmetic products, resulting in state tax losses of up to hundreds of billions of Rupiah. This high rate of counterfeiting is expected in developing countries because of the “impulsive consumerism” nature of the people who want to own branded goods but are not supported by an adequate budget. And then, buying fake goods is an option, and the important thing is that they are similar and can be worn stylishly.   With a registered Trademark, you can take legal enforcement efforts by issuing a direct warning or sending a legal notice with the help of a trusted Trademark Consultant. Suppose there is still no response from the violator. In that case, you can escalate it to the police for further efforts by including initial evidence (where the counterfeit product was sold and who the reported party is). The police will then ask for an expert opinion (Trademark Examiner from Trademark Office/ DGIP). After a follow-up from the expert, the action can be continued with the prosecution, namely confiscation, as well as criminal sanctions of fines and/or imprisonment of 4-5 years. However, most of these Trademark Infringement cases can be resolved outside court, where the guilty party pays compensation and withdraws the product from the market.   However, you must ensure that you have protected your Trademark by carrying out the following comprehensive protection:   1. Apply Registration in All Relevant Classes If you have registered your coffee shop in the restaurant class and you also sell coffee drinks or coffee beans that can be purchased separately, you must also register your Trademark in the class that can protect these products. Because you want to avoid that in the future, there will be other parties who are famous for selling coffee drink products that should only be purchased at your coffee shop, right?   2. Register Your Logo as a Trademark If your business has a logo that can make it more unique and well-known in the market, then there is no need to delay its registration as a Trademark. If necessary, also register it with the colors you use so you can carry out subsequent protection strategies.   3. Increase Your Consumer Awareness In the era of social media, marketing your products and making consumers aware of your product’s presence has become more accessible. For this reason, you can carry out a series of education. Start by explaining what your logo looks like and its meaning, including the consequences if someone fakes it and branding efforts by telling how your products and/or services prioritize quality and can only be obtained through official/specific distribution channels. In this way, consumers will buy the original one for the sake of quality rather than buying a fake one, which will cause many future losses.   Should you have questions or need other information regarding Trademark registration in Indonesia and abroad, please get in touch with us via [email protected] Source: IP Talks Directorate General Intellectual Property

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8 Proposed Changes in the Amendment of the Industrial Design Law in Indonesia

Intellectual Property

8 Proposed Changes in the Amendment of the Industrial Design Law in Indonesia Indonesian awareness of the importance of protecting Industrial Design has continued to increase in the last five years. This can be seen from the application of Industrial Design registrations, which continues to increase significantly. From 2,319 applications in 2017, it grew to 2,835 in 2019, jumped again to 2,957 in 2021, and peaked in 2022 with 3,533 applications.   However, due to the evolution in the world of business and creativity, it is necessary to make changes to the Law of the Republic of Indonesia Number 31 of 2000 concerning Industrial Design (Industrial Design Law) so that its protection can be better and more relevant with the current business practices. In addition, these proposed changes will align with international developments in Industrial Design and create a climate that further encourages creation and innovation as part of the Intellectual Property regimes. For this reason, DGIP proposes 8 (eight) main changes as follows:   1. Definition (Article 1) Currently, Article 1 of the Industrial Design Law states that Industrial Design is the creation of a form of configuration, or composition of lines or colors, or lines and colors, or a combination thereof in three-dimensional or two-dimensional form which gives an aesthetic impression and can be realized in a pattern, three-dimensional or two-dimensional and can be used to produce a product, industrial commodity or handicraft. However, in its development, a more precise and firmer definition is needed that the object protected through Industrial Design Rights is the “outer appearance of the product,” which has an “aesthetic impression” that can be protected in whole or in part of its features, which can be two-dimensional and/or three-dimensional.   2. Protection System (Article 2) Article 2 of the Industrial Design Law currently regulates that Industrial Design will only receive protection after the registration process; however, in the new bill, protection is also possible without going through the registration process simply by recording it. With details of the changes as follows: Registration System: Applies to Industrial Design, which has a relatively long design cycle; Protection period: 5 (five) years from the date of receipt; It can be extended 2 (two) times every 5 (five) years by paying fees by Article 16 of the Industrial Design Law. Recordation System: Applies to Industrial Designs that have relatively short lifecycles in design or commercial. For example, textile products comply with the provisions of Article 25 of Trade Related Intellectual Property Rights (TRIPS) agreed upon by member countries of the World Trade Organization (WTO). Protection Period: 3 (three) years from the first publication date, as regulated in Article 17 of the Industrial Design Law.  It can be switched into a registration system by 12 (twelve) months from the date it was first published, following the protection provisions such as the Registration System regulated in Article 5 (five) of the Industrial Design Law.   3. Non-Registrable Designs Currently, the rules for non-registrable Industrial Designs are regulated in Article 4 (four) of Industrial Designs, which states that rights cannot be provided if the Industrial Designs conflict with applicable laws and regulations, public order, religion, or morality. However, more rule was added in the new Bill, and the article shifted to Article 6 (six).   Non-Registered Industrial Design if it meets one of the following criteria: Does not have an aesthetic impression; Features of the design are created for the purpose of  technical function only; Folklore or traditional cultural expression that is not further developed or modified; Contrary to the provisions of laws and regulations, public order, religion and/or morality; Filed by an applicant who has bad intentions.   4. Landlord Liability/ Obligations for Shopping Center Management To create a more conducive environment and uphold the enforcement of Industrial Design Rights, shopping center management should not allow the sale and/or duplication of goods that infringe Industrial Design Rights in their shopping center. However, it remains to be seen if the provision also applies to e-commerce sites.   5. Exercise of Industrial Design Rights by the Government The Indonesian Government can exercise Industrial Design Rights based on national defense and security interests. Therefore, regulations that currently do not exist in the Industrial Design Law were made to safeguard strategic interests so that the rights remain sovereign and under the control of the Indonesian Government. So the following rules were billed: Suppose the Government intends to exercise an Industrial Design Right, which is vital for the defense and security of the State. In that case, it must first notify the Industrial Design Right Holder in writing. The Government’s decision that an Industrial Design Right will be exercised solely by the Government is final. The Government’s exercise of Industrial Design Rights is carried out by providing reasonable compensation to Industrial Design Rights Holders.   6. Application from International Registration The Hague Agreement, followed by the Geneva Act of 2 July 1999, regulates the mechanism for registering Industrial Designs in several countries through a single application, filed in one language, with one set of fees with a system administrated by the World Intellectual Property Organization (WIPO). For this reason, the new bill has been prepared to accommodate ratification and examine the possibility of ratification.   7. Industrial Design Board of Appeal The proposed change will also regulate the presence of the Industrial Design Board of Appeal, with the following considerations: Accommodate the Applicant’s approval of the approval decision and cancellation of rights, which will be handled by the Industrial Design Appeal Commission, whose decisions are independent. Provide convenience for the public or third parties who approve a registered Industrial Design to apply for a permit through the Appeals Commission and can submit an appeal to the Commercial Court. This can also reduce the burden on the field in handling Industrial Design Rights cases. Cancellations through the Appeals Commission have been implemented in countries such as Japan, Australia, and the European Union. Furthermore, an Appeal can be submitted against: Rejection of the application by the…

Can-I-Trademark-My-Face-in-Indonesia

Can I Trademark My Face in Indonesia?

Intellectual Property, Trademark

Can I Trademark My Face in Indonesia? One of the unique things we have as a human is our different faces. Starting from the shape of our eyes, nose, lips, cheekbones, skin color, mustache, and eyebrows, it makes our face different and has its charm. Considering that being distinctive is also one of the requirements for Trademark registration. It is not uncommon for us, as well as other world citizens, to think about registering our face as a Trademark. But can it be registered? Any Trademarks that feature famous faces already come up in your mind? This article will explain.   Trademark Definition According to Article 1 of Law of the Republic of Indonesia Number 20 of 2016 concerning Trademarks and Geographical Indications (Trademarks & Geographical Indications Law), a Trademark is a sign that can be displayed graphically in the form of an image, logo, name, word, letter, number, color arrangement, in the shape of 2 (two) dimensions and/or 3 (three) dimensions, sound, hologram, or a combination of 2 (two) or more of these elements to differentiate goods and/or services produced by individuals or legal entities in trading activities of goods and/or services.   Because images and photographs include visual graphics, the appearance of a face as a Trademark can be registered in Indonesia as long as it does not conflict with what is stated in Article 21 of the Trademark & Geographical Indications Law, namely that it has not been registered or applied for by another party and is not the same or resembles a photo of a famous person, except with the written consent of the entitled person.   Famous Trademarks with Face The rules are different abroad, such as in the United States and the European Union, where there is a strict prohibition on registering faces as trademarks. Recently, in the European Union, registering a Trademark with the picture of a famous model from the Netherlands, Puck Schrover, was rejected. Although the face is well known in the fashion industry, European Union Intellectual Property Office (EUIPO) examiners considered that the uniqueness of the face alone needed to be more distinctive as a Trademark because it could be a photographic representation of any woman.   However, if the face is present as an illustration, such as Colonel Sanders for the KFC or the face of a woman with long hair and “tentacles” for the Starbucks Coffee, it is considered unique and can be registered.   Meanwhile, in Indonesia, we know several registered Trademarks with faces and photos of people, such as Nyonya Meneer herbal drink (registration date: IDM000766048), Ayam Goreng Suharti (IDM000868681), Mbok Sarun fried chicken (IDM000828965), and Mbok Lindu gudeg (traditional Javanese cuisine, IDM001010038) Likewise, several service marks for alternative medicine use photos of their owners.   Face and Corporate Image In conclusion, using a face or passport picture is possible and legal if used as a Trademark in Indonesia. But are you ready to commit lifelong by putting your face on every product and/or service you have?   Because then, you must maintain your behavior and always be in the best image so the Trademark that reflects your professionalism is not disturbed. Because it is possible once you get into trouble, the lousy impact will also damage your Trademark.   However, if you are ready, take action as soon as possible to apply for the registration because the first-to-file principle applies in Indonesia. Don’t let your already phenomenal business, which resembles your image, be registered first by other irresponsible parties.   Should you have any questions or need more information regarding registering your face as a Trademark in Indonesia or abroad, please contact us via [email protected]. Sources: Law Number 20 of 2016 concerning Trademarks and Geographical Indications Lexology  

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Demystifying the Public Domain: Permissions and Limitations

Intellectual Property1 Comment

Demystifying the Public Domain: Permissions and Limitations We can almost always see this iconic portrait of Bung Tomo‘s enthusiastic speech every November 10th, as Indonesia celebrates National Heroes’ Day. In fact, according to Tempo Magazine‘s journalistic investigation, this photo was not taken on that date but later in 1947 by Frans Mendur, when Bung Tomo chaired a meeting in Malang, East Java.   As a Work, this iconic portrait was first published in 1949, together with other historical photos of the Indonesian struggle, including photographs of the Proclamation, taken by Alex Mendur, Frans Mendur, and Abdoel Wahab Saleh, in a photo album “Revolutionary Paintings” courtesy of the Indonesia Press Photo Service (IPPHOS). The first two names are the brothers who founded IPPHOS. Because the portrait of Bung Tomo in Malang is more in line with the public’s imagination about the war spirit of November 10, rather than the actual conditions, where orations were only given in radio studios, this portrait is widely used to support Heroes’ Day.   However, a portrait is still a Work that has copyright protection. Articles 1 and 9 of the Indonesian Copyright Law specifically state that a portrait is a photographic Work with human objects, and only the Creator has Economic Rights to publish, reproduce in all forms, adapt, transform, and distribute a Work. If another party wants to use it, they must obtain permission from the Creator or Copyright Holder.   What if the Creator or Copyright Holder no longer exists? The Copyright Law regulates the validity period of Economic Rights, a reference for whether we still have to obtain permission from the Creator or Copyright Holder for a Work. If the validity period has passed, the Work has entered the Public Domain, and the public can use it freely without asking anyone for permission.   The Copyright Law in Indonesia divides the validity period of Economic Rights over Work into three different periods:   1. 25 years since the first publication; Applies to Works of Applied Art in the form of fine art created by using art to a product so that it has an aesthetic impression to meet practical needs, including images, motifs, or ornaments on a product.   2. 25 years since the first publication; This applies to the following three categories: Photographic works; portrait; cinematographic; video games; computer program; the appearance of written work; translations, interpretations, adaptations, anthologies, databases, adaptations, arrangements, modifications, and other works resulting from transformation; translation, adaption, arrangement, transformation or modification of traditional cultural expressions; compilation of works or data, either in a format that computer programs or other media can read; and the compilation of traditional cultural expressions as long as the compilation is an original work. Works Made for Hire; Anonymous Works and Pseudonymous Works.   3. During the life of the creator and 70 years after the creator’s death; Books, pamphlets, and all other written works; lectures, lectures, speeches, and other similar works; demonstration materials created for educational and scientific purposes; songs or music with or without text; drama, musical drama, dance, choreography, puppetry, and pantomime; works of fine art in all forms such as paintings, drawings, carvings, calligraphy, sculpture, statues or collages; architectural works; map; and batik artwork or other motif art.   4. Limitless Time Applies to held Traditional Cultural Expressions by government, which includes the following six categories: a. textual verbal, both spoken and written, in the form of prose or poetry, in various themes and message content, which can be in the form of literary works or informative narratives; b. music, including, among other things, vocal, instrumental, or a combination thereof; c. movement, including, among other things, dance; d. theater, including, among other things, puppet shows and folk plays; e. fine arts, both in two-dimensional and three-dimensional form, made from various materials such as leather, wood, bamboo, metal, stone, ceramics, paper, textiles, etc., or a combination thereof; and f. traditional ceremonies.   From the four categories above, it can be concluded that all works, if not included in Traditional Cultural Expressions, will ultimately fall into the Public Domain. Therefore, the portrait of Bung Tomo, first published in 1949, has been in the Public Domain since 1999.   In addition, there are regulations in Article 43 (e) of the Copyright Law regarding Copyright Restrictions, which states that duplication, announcement, and/or distribution of portraits of the President, Vice President, Former President, Former Vice President, National Heroes, heads of state institutions, leaders ministries/non-ministerial government agencies, and/or regional authorities with due regard for dignity and fairness by the provisions of laws and regulations are not considered a Copyright Infringement. Since 2008, Bung Tomo has been designated as a National Hero, so the public’s use of this iconic portrait is not Copyright infringement.   However, it would be best to remember that the legal basis governing Copyright varies in each country. So, the rules that apply in Indonesia may be different from other countries.   Comparison of Public Domains Abroad Duration of Copyright in the United States The Copyright Law in the United States divides the duration of Copyright as follows:      1. During the life of the creator and 70 years after the creator’s death; The creator’s identity is known for all works created after January 1, 1978.      2. 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first; For Anonymous Works, Pseudonymous Works, and Works Made for Hire      3. 45 years after the creation; Works created before January 1, 1978, but expired before December 31, 2002; and, if the work is published on or before December 31, 2002      4. 28 years after the publication. Any Posthumous Work or of any periodical, cyclopedic, or other composite work upon which the copyright was originally secured by the proprietor thereof, or any Work copyrighted by a corporate body (otherwise than as assignee or licensee of the individual author) or by an employer for whom…

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The Minimum Requirements for Industrial Design Registration in Indonesia

Intellectual Property

The Minimum Requirements for Industrial Design Registration in Indonesia Having your Industrial Design registered and protected means you are ready to advance your product to the next stage. Because the exemplary Industrial Design plays a vital role in targeting specific market segments, creating new market niches, and strengthening the company’s branding and positioning.   Industrial Design in Indonesia: A Brief Overview Industrial Design refers to an article’s ornamental or aesthetic aspect, encompassing its visual appearance and features. It is not concerned with the technical or functional aspects of the product. In Indonesia, Industrial Design protection is governed by Law No. 31 of 2000 concerning Industrial Designs. This legal framework provides creators with the means to protect their original designs from unauthorized use or reproduction.   In previous articles, we have explained the importance of novelty in Industrial Design. This time, the comprehensive guide continues with the minimum requirements, including what must be prepared to apply for Industrial Design Registration.   Minimum Application Requirements 1. Fill out the Application Form Independently or Through a Registered Intellectual Property Consultant You can submit this filling process online on the Directorate General of Intellectual Property (DGIP) portal or through a reliable, experienced Intellectual Property Consultant. Using a Consultant will give you professional advice early on the chances of your registration application being accepted. This way, the application fee you pay will not be in vain. In addition to that, you don’t need to worry about completing the required documents.   To fill out the Application Form, you must include the following data: Types of Industrial Design: When applying, you must determine what Industrial Design you wish to register among the following 4 (four) options: 1. One Design What is meant by One Design is the overall product design, for example, a chair design or a food packaging design.   2. Set Design This category is selected if your design includes several products at once—for example, a set of tables and chairs or speakers and subwoofer.   3. Divisional/Partial Design This category is chosen if your design is only part of a pre-existing product. For example, the sole part of the shoes you have previously registered or the frame part that surrounds the glass of a pair of glasses.   4. Divisional/Partial Set Design As the name suggests, this category is selected if the design you are registering is only part of several products—for example, just the outer appearance of the speaker tubes of a set of loudspeakers.   Applicant Information Contains the full name, nationality, detailed address consisting of country, province, city/district, sub-district, postal code, email, and telephone number of the Applicant.   Designer Information If the data is not the same as the Applicant, then the Designer data must be filled in with full name, nationality, and country. Designer Data can also contain more than one Designer.   Consultant Information If you use a Consultant, the data required is the Consultant’s full name and address, as well as email and telephone number.   Desain Information This data must include the following information: 1. Title of Industrial Design The general name of the product in Indonesian, without including the brand or type of item. For example, for bottle products, just write “bottle,” without adding “- 30 cm plastic”.   2. Description This section is the place to explain the product’s uses, product characteristics, and product features that you want to protect.   3. Claim In this section, you can choose the registered design, which is the complete product shape (for example, a car or shoes), configuration (for example, a car dashboard), line composition (for example, a pattern installed on a car seat), color composition (for example a colored batik design), or a combination thereof.   4. Locarno CLassification Locarno here refers to the “Locarno Agreement,” an international agreement in the field of Industrial Design that determines international classification based on a list of class and sub-class indications, as well as explanatory notes intended solely for administrative purposes of Industrial Design registration. Locarno consists of 32 class titles arranged sequentially, and class numbers are assigned according to the type, nature, or function of the goods indicated according to the relevant class title. You can choose the category according to your product type.   Priority Data This data must be filled in if the applicant comes from outside Indonesia. The information required is country of origin, priority number, priority date, and additional notes (if any).   2. Providing Figures and Descriptions The figures can be in a form of Technical Drawing, Computer Rendered Image, or Photo with the following appearance: Views: Perspective View Top view Bottom View Front look Back view Left Side View Right-side view Application Documents (administrative): Power of Attorney (if using a Consultant) Industrial Design Ownership Letter Assignment Document of Industrial Design Rights from Designer to Applicant A required letter if the Designer is not the same as the Applicant. Therefore, this letter must contain the following information: Assignor = Designer; Assignee = Industrial Design Owner/Applicant; Designers are individuals, one or more than one; The owner is an individual or a legal entity; Legal entities are represented by parties who are responsible for representing them, as evidenced by a position decree or similar. Priority Document along with its translation into Indonesian (must be sworn translated)   3. Pay the Application Fee Once all the documents are complete, you will receive detailed fees, and if payment has been made, it will continue with the Formality Examination, Publication, and Substantive Examination. All of these documents will be provided to you by us later on.   Furthermore, if no problems are found with the application or no existing design is found, DGIP will issue an Industrial Design Rights Certificate as proof of ownership of Industrial Design Rights. This protection certificate is valid for 10 (ten) years and cannot be extended, valid from the date the application was received, not from the time the certificate was issued.   Should you have other questions about the Industrial…

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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-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

Porsches-Sound-Trademark-Appeal-A-Battle-of-Electric-Car-Acoustics-affa-global

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

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