Mediation as a Strategic Solution: Transforming the Way Indonesia Resolves Intellectual Property Disputes - AFFA IPR

Mediation as a Strategic Solution: Transforming the Way Indonesia Resolves Intellectual Property Disputes

Intellectual PropertyLeave a comment

Indonesia is increasingly positioning Alternative Dispute Resolution (ADR), particularly mediation, as a leading strategy for resolving Intellectual Property (IP) disputes. This approach prioritises faster, more efficient, and non-confrontational solutions—aligning with a restorative justice philosophy that focuses on preserving business relationships and safeguarding the commercial value of a brand or creative work.   The Institutional Framework: DGIP’s Role   The primary governmental body facilitating IP mediation in Indonesia is the Directorate General of Intellectual Property (DGIP), which operates under the Ministry of Law. Within the DGIP’s Directorate of Law Enforcement, the Subdirectorate of Prevention and Alternative Dispute plays a central role in managing these non-litigious processes.   The Working Team for Alternative Dispute Resolution (Tim Kerja Penyelesaian Sengketa Alternatif) within this Subdirectorate is responsible for receiving and processing requests for mediation or facilitation. This team organises the mediation proceedings, including scheduling and communication, and its members act as neutral mediators. The sources note that the DGIP currently has 7 mediators within the Subdirectorate of Prevention and Alternative Dispute, alongside 29 mediators specialising in IP across the 29 Regional Offices of the Ministry of Law.   Data from 2021 to 2025 indicates that the team handles disputes involving various IP types, including Copyright, Trademarks, Patents, and Industrial Designs.   Legal Basis: Mandatory vs. Voluntary Mediation   The resolution of IP disputes in Indonesia can generally be pursued through ADR, arbitration, or the Commercial Court (Pengadilan Niaga). However, specific IP laws dictate whether mediation is mandatory or optional before pursuing other legal avenues.   When Mediation is Mandatory   For certain types of disputes, mediation must be pursued first: Copyright: Except for disputes involving piracy, if the parties are known and located within the territory of the Republic of Indonesia, they must first attempt to resolve the dispute through mediation before proceeding with a criminal lawsuit. Patents: In cases involving criminal prosecution for infringement of a Patent or Simple Patent, the parties must first resolve the issue through mediation.   When Mediation is Optional   For several other IP types, mediation is an option alongside arbitration or other forms of ADR: Integrated Circuit Layout Designs (Law No. 32/2000) Trademarks and Geographical Indications (Law No. 20/2016) Industrial Designs (Law No. 31/2000) Trade Secrets (Law No. 30/2000)   The Mediation Process and Requirements   The process is managed by the Working Team for Alternative Dispute Resolution. Mediation can be conducted either Offline or Online. To initiate the process, the applicant for mediation is required to submit several administrative documents: A formal letter of application for Mediation. The identities of the Parties and/or their legal proxies. The addresses of the Parties. A brief summary description of the Intellectual Property dispute. Any other necessary supporting documents. Crucially, if the applicant is the party allegedly committing the IP infringement, they are not required to attach proof of Intellectual Property ownership.   Core Principles Guiding IP Mediation   The effectiveness of mediation rests on several key principles designed to ensure fairness, trust, and autonomy:   Principle Description Voluntary  The parties must agree voluntarily to mediation, with no coercion to attend, negotiate, or reach a settlement. The outcome should genuinely reflect the will of the parties. Confidentiality All information, documents, and statements shared during mediation are confidential. They cannot be used as evidence in court without the explicit agreement of the parties, which encourages honest dialogue. Mediator Neutrality The mediator must remain impartial and cannot hold any personal interest in the outcome of the dispute. This is vital for maintaining the trust of both sides. Equality of Parties All parties are considered equal, regardless of perceived strength. They possess the same right to be heard, and the mediator must ensure no party is dominated or pressured. Openness and Good Faith  Parties are expected to be open in presenting facts and demonstrate a sincere intention to seek a resolution (good faith). Good faith is essential for achieving a sincere and lasting agreement. Justice and Benefit The settlement reached should be fair and provide benefits to both parties. The aim is a “win-win solution,” ensuring no party is disproportionately harmed. Party Autonomy  The mediator’s role is strictly facilitative; they do not issue a ruling. The ultimate decision to agree, reject, or postpone a settlement rests entirely with the parties themselves.   Advantages of Choosing Mediation   Mediation is highly encouraged as an ADR mechanism due to the significant advantages it offers compared to traditional litigation: It achieves a fast and efficient resolution. It is cost-effective. It helps maintain good relationships between the disputing parties. It inherently seeks a Win–Win Solution. It allows for flexibility in solutions, accommodating unique needs. It helps preserve reputation and public image. It encourages legal awareness and compliance. It reduces the burden on law enforcement agencies and the courts.   Challenges and the Restorative Approach   Despite its benefits, the mediation process can face practical difficulties. Parties may be hindered by geographical distance or difficulties in arranging a common time to meet. For Online Mediation specifically, a key challenge is the lack of technological infrastructure to facilitate the signing of settlement documents by parties located far apart.   The DGIP views mediation not merely as a procedural alternative, but as a mechanism rooted in restorative justice. The underlying philosophy suggests that many IP disputes arise from lack of understanding rather than malicious intent. By providing a structured, neutral platform, mediation serves as “a bridge to restore, not punish,” and aims to “build back trust, not destroy it,” thereby supporting effective and efficient IP law enforcement.   Should you need more information on Alternative Dispute Resolution for Intellectual Property Disputes in Indonesia, contact us through the channels below and get a FREE 15-minute consultation!   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   Source: Directorate General of Intellectual Property (DGIP)

Maldives Adopts Its First Trademark Act: 12-Month Transition Period for Brand Owners - AFFA IPR

Maldives Adopts Its First Trademark Act: 12-Month Transition Period for Brand Owners

Intellectual Property, TrademarkLeave a comment

On 11 November 2025, the President of the Maldives, Dr. Mohamed Muizzu, ratified the Trademark Bill, which has now been promulgated as the Trademark Act (Law No. 19/2025) through publication in the Government Gazette.   The Act will enter into force on 11 November 2026, followed by a 12-month transition period for existing Trademark owners who have been relying on cautionary notices. This milestone marks the establishment of the country’s first comprehensive, registration-based Trademark protection system, replacing the long-standing practice of relying on cautionary notice publications.   Key Features of the New Trademark Act First-to-File System Trademark rights will be determined based on the filing date, with examination on both absolute and relative grounds. Additional safeguards are provided for well-known marks. Term of Protection and Renewal Registered Trademarks will be valid for 10 years from the filing or registration date and may be renewed indefinitely in successive 10-year periods. Transition Requirements for Existing Owners Brand owners currently relying on cautionary notices must file formal Trademark applications within 12 months from 11 November 2026 to maintain uninterrupted protection. Strengthened Enforcement Mechanisms The Act equips rights holders with a full suite of enforcement tools, including: Civil actions (injunctions, damages, and destruction or removal of infringing goods); Criminal penalties for counterfeiting; and Customs border measures to block the importation of infringing products. Issuance of Implementing Regulations Competent authorities are required to publish implementing regulations and guidelines in the Government Gazette within 6 months of the Act taking effect.   What Should Businesses Do Now? Businesses operating in or entering the Maldivian market are advised to: Review Your Trademark Portfolio Identify Trademarks currently protected only through cautionary notices. Prepare for Re-Registration Prepare documentation for filing once the 12-month transition window opens on 11 November 2026 to ensure continuity of protection. Update Internal IP Processes Align brand protection and enforcement strategies with the upcoming registration-based regime.   Should you need more information on Trademark registration in the Maldives or other international jurisdictions, contact us through the channels below and get a FREE 15-minute consultation!   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889

Expediting Your Patent Application in Indonesia: The DGIP–JPO Patent Prosecution Highway

Patent, Intellectual Property

In the race for innovation, speed is everything. According to statistical data published by the Japan Patent Office (JPO), among the ASEAN6 Patent Offices (the six ASEAN countries with the highest Patent rankings), the Directorate General of Intellectual Property of Indonesia (DGIP) is recorded as the office with the shortest total pendency—meaning the duration from filing to grant—at only around 3.4 years. In contrast, other ASEAN Patent Offices generally remain in the range of 4.5 to 7 years. This figure aligns with Indonesia’s ongoing efforts to accelerate examination, including through the utilization of the Patent Prosecution Highway (PPH) scheme.   What is even more interesting is that, as the only office implementing PPH with all ASEAN6 Patent Offices, the JPO serves as a strategic gateway for Applicants seeking protection across the ASEAN region. The JPO reports the following statistics: The time to obtain a patent grant in Japan through the fast-track route can be achieved in approximately 4.9 months; and Patent grants in ASEAN Offices through the PPH scheme can be achieved in around 1 year, with grant rates exceeding 90%.     In addition to illustrating examination performance, JPO’s data also shows that the PPH route with DGIP as the Office of Later Examination (OLE) has been actively utilized by international Applicants. Since the program’s initiation in 2013, the number of PPH requests designating DGIP as the OLE has consistently remained in the hundreds per year, reaching a peak in 2019. Although the numbers later declined, they have re-emerged significantly in 2024. This indicates that the DGIP–JPO PPH scheme is not merely a procedural option on paper, but a pathway genuinely used by global businesses when entering the Indonesian and ASEAN markets.   Given this background and the fact that DGIP records the fastest total pendency among the ASEAN6, Applicants can structure the following two-step strategy: Designate Japan as the primary examination hub, either as the first filing country or as the International Searching Authority (ISA/JP) under the Patent Cooperation Treaty (PCT); and Utilize the PPH scheme for accelerated access to ASEAN, with Indonesia as a key destination given its comparatively shorter time to grant.   This combination creates a highly compelling narrative for businesses and technology owners. The JPO provides fast and high-quality examination at the “upstream” stage, while DGIP offers one of the fastest routes to grant in the “downstream” ASEAN region. For companies that view ASEAN as a growth market, this combination can significantly reduce risks and shorten timelines in the patent application process.   Number of PPH requests with DGIP as the Office of Later Examination (OLE) per PPH application year. Source: Japan Patent Office (JPO), “PPH Statistics.”   How Does the DGIP–JPO PPH Actually Work?   In simple terms, the PPH is a cooperative framework between Patent Offices that allows one Office to rely on the search and examination results produced by another. In essence, patent examination under the PPH can be accelerated at DGIP by leveraging the examination work products issued by the JPO.   Institutionally, the DGIP–JPO PPH scheme did not emerge overnight. The trial phase of the DGIP–JPO PPH program was first launched in 2013 as an effort to test the use of JPO examination results to expedite the process in Indonesia. As utilization increased and positive responses were received from Applicants, the cooperation was extended multiple times. Under the latest agreement, the DGIP–JPO PPH program has been renewed once again and will continue until 2026. These periodic extensions indicate that the PPH is considered successful by both Offices—reducing examination burdens on one side while providing a stable acceleration route for Applicants on the other.   According to DGIP’s official guidelines, the DGIP–JPO PPH scheme is divided into two categories:   1. PPH Based on JPO National Work Products Under this scheme, a PPH request is filed for a patent application that has already entered DGIP, by referring to its corresponding application at the JPO. The main requirements for filing a PPH request under this scheme include: The application at DGIP and the corresponding application at the JPO that forms the basis of the PPH must share the same earliest date (whether a priority date or filing date), either through the Paris Route or the PCT Route. The earliest application in the patent family must have been filed at either DGIP or the JPO as a national office. At least one JPO application must have claims that have been determined to be patentable/allowable, as reflected in a Decision to Grant, Notification of Reasons for Refusal, Decision of Refusal, or Appeal Decision. All claims submitted for examination under the PPH at DGIP must “sufficiently correspond” to the claims considered patentable/allowable at the JPO—that is, the claim scope must be identical, similar, or narrower through the addition of limiting features supported by the specification. A PPH request can only be made if DGIP has not yet begun substantive examination of the application.   2. PCT-PPH Based on PCT International Work Products (WO/ISA, WO/IPEA, IPER) In this scheme, in addition to national work products, the guidelines also provide for PCT-PPH. Here, the basis for acceleration is no longer the JPO’s national office actions but the JPO’s international work products in its capacity as: WO/ISA – Written Opinion of the International Searching Authority WO/IPEA – Written Opinion of the International Preliminary Examining Authority IPER – International Preliminary Examination Report   The main requirements include: The latest International Work Product must indicate that at least one claim is patentable/allowable with respect to novelty, inventive step, and industrial applicability. The DGIP application and the corresponding PCT international application must share the same earliest date (whether through national phase entry, priority basis, or as a derivative/divisional). All claims filed at DGIP must “sufficiently correspond” to the claims considered patentable/allowable in the relevant International Work Product.   PPH MOTTAINAI Beyond the two main pathways above, the JPO has also introduced the concept of PPH MOTTAINAI. In simple terms, “mottainai” in Japanese conveys a sense of regret when something…

MATCHAMAN’s Trademark Strategy: A Blueprint for Indonesian Brands Going Global through the Madrid Protocol - AFFA IPR

MATCHAMAN’s Trademark Strategy: A Blueprint for Indonesian Brands Going Global through the Madrid Protocol

Intellectual Property, Trademark

In an increasingly competitive global market, Trademark protection is no longer optional—it is a fundamental foundation for business growth. One Indonesian brand leading by example is MATCHAMAN, a matcha-based beverage brand owned by PT. Puyo Grup Indonesia, widely recognized for its silky pudding outlets across the country.   Today, MATCHAMAN has become a rising name among premium matcha enthusiasts, gaining attention through its two flagship locations in Melawai Blok M and Pacific Place SCBD, South Jakarta.   A Contemporary Matcha Experience   Matcha is not new in Jakarta. Yet, MATCHAMAN brought fresh excitement to the scene when it launched in Blok M. Drawing inspiration from contemporary matcha cafés in Bangkok, MATCHAMAN emphasizes a casual, on-the-go drinking experience supported by a striking interior—metallic grays, vibrant emerald tones, and warm wood elements that pay homage to Japanese design.   At its heart lies an open bar under a high ceiling, softly lit—yellow during the day, green after sunset—where matcharistas prepare every cup using traditional techniques learned from Tokyo and Kyoto tea houses: Hot water at exactly 80°C, whisked with bamboo tools in handmade chawan, producing silky, foamy perfection!   Building a Strong Brand Foundation   MATCHAMAN has taken exemplary steps to protect its business identity. In December 2024, the brand filed its Trademark in Indonesia under: Class 30: matcha-based beverages, matcha latte, green tea, powdered green tea, etc. Class 43: beverage service, hot and cold drink bars, boba service, and similar activities.   MATCHAMAN successfully obtained registration in June 2025, with protection valid until December 2034.   This careful and timely registration ensures that MATCHAMAN retains exclusive rights over its brand in Indonesia—preventing misuse, counterfeiting, and unfair competition.   Going Global with the Madrid Protocol   With a strong foundation at home, MATCHAMAN wasted no time in taking the next step. In September 2025, the brand filed an international application under the Madrid Protocol through WIPO, designating: Australia Japan Malaysia Singapore   AFFA supported the Trademark filing under the Madrid Protocol, streamlining the process for securing overseas protection.   Why the Madrid Protocol Matters?   The Madrid Protocol allows brand owners to: File once to cover multiple countries. Manage and renew registrations centrally. Save time and cost compared to filing country-by-country. Expand quickly with legal security.   This strategy exemplifies global best practice: Register in the home country first. Use the Madrid Protocol to efficiently reach new markets.   By securing its identity abroad, MATCHAMAN ensures its brand remains exclusive and protected wherever it intends to grow.   Fast Execution: MATCHAMAN Lands in Japan   Soon after filing its international Trademark application, MATCHAMAN moved swiftly to tap into overseas markets—starting at the very heart of matcha culture: Japan!   MATCHAMAN made its Japan debut through a collaboration with a local F&B player, attracting enthusiastic public response. The collaboration demonstrated strong market interest and validated MATCHAMAN’s positioning as a modern matcha brand with global appeal.   This early success signals promising opportunities for future development abroad—made possible by proactive Trademark protection.   As MATCHAMAN stands as a model for Indonesian businesses aiming to expand globally, its strategy demonstrates key lessons: Trademark first — expansion second. Protect at home, then secure key foreign markets. Use efficient international systems like the Madrid Protocol. Move fast once legal protection is in place.   By protecting its brand early, MATCHAMAN ensures that its creativity, identity, and business potential stay exclusively its own—allowing it to grow confidently and competitively worldwide.   With strong IP protection, businesses like MATCHAMAN can step boldly into the global arena—safe, confident, and ready to thrive.   Should you need more information on registering a Trademark in Indonesia and globally, contact us through the channels below and get a FREE 15-minute consultation!   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Can a “Hashtag” Be Registered as a Trademark in Indonesia? - AFFA IPR

Can a “Hashtag” Be Registered as a Trademark in Indonesia?

Intellectual Property, Trademark

In the digital era, hashtags (#) that precede certain slogans or statements have become an important tool in marketing strategies. They make it easier for the public to find specific campaigns on social media, strengthen promotional identity, and even build user communities.   Some examples of commonly encountered hashtags include: #FYP #photooftheday #KeepCookingMama #FreakyFriday #HowLowCanYouGo   However, when a hashtag grows more popular and becomes closely associated with the identity of a product or service—or there’s even an intention to monopolize it—the question arises: “Can a hashtag be registered as a Trademark?”   In Principle, Yes — But It’s Not Automatically Acceptable   By definition of the Indonesian Trademark Law, a Mark means any sign capable of being represented graphically in the form of drawings, logos, names, words, letters, numerals, color arrangements, in 2 (two) and/or 3 (three) dimensional shape, sounds, holograms, or a combination of 2 (two) or more of those elements to distinguish goods and/or services produced by a person or legal entity in trading goods and/or services. Nevertheless, in Trademark examination practice, the hashtag symbol (#) alone is not considered a distinctive element. In other words, when filing #HowLowCanYouGo, the examiner does not assess the “#” but evaluates the word elements “How Low Can You Go.”   Accordingly, a hashtag can be registered as a Trademark if the phrase within it meets the distinctiveness test as per Article 20 of the Indonesian Trademark Law, namely: Not generic Has distinctiveness Not descriptive Not merely a promotional call-to-action Not misleading Not to violate public order, regulations, or morality   If the phrase is too generic, the application risks being refused.   Hashtag + Removing Spaces Doesn’t Automatically Make It a New, Unique Word   There’s an assumption that a slogan will be easier to register if it’s written without spaces and prefixed with a hashtag, for example: “Indonesian Pride” → #IndonesianPride “Support Local Coffee” → #SupportLocalCoffee   However, this does not automatically turn it into a new, unique word. Examiners will still assess whether the phrase has distinctiveness. If the original meaning remains easily understood—e.g., as a promotional expression—its strength as a Trademark is still considered weak.   In short, adding “#” and removing spaces does not automatically increase the chances of registration!   Comparative Registration Chances   Form Example Chance to be  Registered Reason Descriptive Slogan INDONESIAN PRIDE Low Generic phrase/ Promotion. Without Spaces INDONESIANPRIDE Low-Medium Meaning remains clear. With Hashtag #INDONESIANPRIDE Low-Medium “#” adds no distinctiveness. Arbitrary/Fanciful Word XYRANGER High Non-descriptive & unique. Hashtag + Arbitrary #XYRANGER High Strength lies in the core word.   The core assessment remains the same: it’s not about the format, but how distinctive the phrase is.   How to Give a Hashtag a Better Chance of Being Registered in Indonesia?   If you want to protect a hashtag as a Trademark, consider: Using an arbitrary or unique word. Avoiding purely promotional phrases. Adding a distinctive brand element.   For example: #KROriginal #24hourbyMaduraShop #XyRangerEveryday   If the core wording has strong distinctiveness, the chances of successful registration are higher—even without the hashtag.   Therefore, if you use hashtags in marketing campaigns and want to protect them as a Trademark, ensure the wording is distinctive enough to differentiate your products or services from others.   Should you need more information on registering hashtags as Trademarks, contact us through the channels below and get a FREE 15-minute consultation!   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Timor Leste Joins ASEAN: What It Means for Your Trademark Protection Strategy - AFFA IPR

Timor Leste Joins ASEAN: What It Means for Your Trademark Protection Strategy

Intellectual Property, Trademark

At the 47th ASEAN Summit held on 26–28 October in Kuala Lumpur, Malaysia, Timor Leste was ratified as the 11th member of ASEAN. Under the “Trade in Goods” framework, you may consider Timor Leste as your next export destination, since ASEAN membership brings more competitive tariffs, efficiency, and easier distribution within the region.   But how can you secure Trademark protection in Timor Leste? Remember: distributing and trading without Trademark protection is a high-risk move!   Trademark Regulations in Timor Leste At present, there is no dedicated government authority handling Trademark registration in Timor Leste. Therefore, Trademark protection is obtained by publishing Cautionary Notices in local newspapers to inform the public of your claim of ownership. The publication must include a statement of ownership and a warning to others not to use the Trademark without permission.   Trademarks That Can Be Recorded Because there is no formal Trademark registration system yet, there are no specific criteria for what can or cannot be registered. However, Trademarks published through Cautionary Notices should be: Unique and not imitative of other well-known Trademarks. Not in violation of local social or cultural norms. Conversely, Trademarks we do not recommend recording include: Purely descriptive or generic marks without distinctive elements. Marks that reference national or international symbols without authorization. Marks that are similar to well-known Trademarks abroad.   Required Conditions and Documents To publish Cautionary Notices in Timor Leste, you will need: Cautionary Notice Text: An official statement including the Trademark owner’s name and address, and a detailed description of the Trademark. Trademark Specimen: A clear representation of the Trademark to be published.   Procedure/Stages for Recording a Trademark via Cautionary Notices The publication procedure includes: Document Preparation: Drafting the Cautionary Notice text and preparing the Trademark specimen. Translation: Translating documents into the official language(s), if required. Publication: Submitting the Cautionary Notice to a local newspaper for publication. The duration of each stage may vary depending on process efficiency and newspaper schedules—ranging from several weeks to a few months. Additionally, because there is no formal registration system, no official certificate is issued.   What to Do After Your Trademark Is Published After publication of the Cautionary Notice, you as the Trademark owner are advised to actively use the Trademark in business to avoid the risk of claims by others. You—and your Trademark Consultant with representation in Timor Leste—should also actively monitor its use. If an unauthorized party uses the Trademark, you may take legal action based on the published notice.   Term of Protection in Timor Leste There is no specific protection period in Timor Leste due to the absence of a formal system. However, you are advised to renew the Cautionary Notice every two years to reinforce protection.   Since the system is not based on formal registration, there is no clear grace period if you are late with renewal. Nevertheless, the longer a Trademark goes without republication, the higher the risk that others may use it.   Ready to record your Trademark in Timor Leste? For more information, contact us through the channels below and get a FREE 15-minute consultation!   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Manufacturing Without Trademark Ownership - Is It Safe? - AFFA IPR

Manufacturing Without Trademark Ownership – Is It Safe?

Intellectual Property, Trademark

This question often arises amid the growing investment climate in Indonesia’s manufacturing industry. But what if the answer is: “not entirely safe”? What should you do to address all the risks?   Risk of Infringement   Even if you are the one manufacturing the product, the Trademark being used may already have been registered by another party beforehand. This could lead to claims of Trademark Infringement, resulting in lawsuits and/or legal actions against your activities deemed to be violating the rights of others.   Production = Commercial Activity   It is important to note that production or manufacturing is considered a commercial activity, even if the products are not sold in the Indonesian market. This means that potential disputes still exist, even if the distribution is solely intended for export.   Risk of Customs Seizure   If a Trademark owner has recorded their Trademark with Customs, your products may be at risk of being blocked or seized during import or export. As a result, the goods may never reach the buyer, causing significant financial losses.   What Is the Solution?   Ensure that the products you manufacture are already protected by a registered Trademark in Indonesia. If you are not the owner of the Trademark, make sure you have obtained an official license from the rightful Trademark owner, duly recorded with the Indonesian Trademark Office (DGIP), to carry out the production. Without Trademark registration, your business will always remain vulnerable.   With ownership of a registered Trademark, your production, distribution, and export processes will be protected and safeguarded from disputes or legal barriers in the future.   For more information regarding Trademark registration in Indonesia, contact us directly through these channels and get a FREE 15-minute consultation!   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

AFFA Wins Two Categories at the Indonesia Law Firm Awards 2025 - AFFA IPR

AFFA Wins Two Categories at the Indonesia Law Firm Awards 2025

Event, Intellectual Property

Jakarta, 18 September 2025 – We are pleased to share that AFFA has been recognized with two awards at the Indonesia Law Firm Awards 2025, organised by Asia Business Law Journal.   We received recognition as: Best Boutique Law Firm in Indonesia IP Enforcement Firm   About the Awards   The Indonesia Law Firm Awards 2025 highlight outstanding law firms across various practice areas. The winners were selected based on votes and feedback from in-house counsel and industry professionals, combined with editorial research by Asia Business Law Journal.   Our Recognition   Being named Best Boutique Law Firm reflects our focus and dedication as a specialized firm in Intellectual Property law. From Trademarks and Patents to Industrial Designs, Copyrights, and Geographical Indications, we have consistently worked to support both Indonesian and international clients in securing and managing their IP rights.   Our recognition in IP Enforcement further underlines our role in protecting clients’ rights in practice — ensuring that Intellectual Property is not only registered but also effectively defended.    Moving Forward   These acknowledgments encourage us to continue strengthening our services and staying committed to delivering clear, practical, and reliable IP solutions. While we are grateful for this recognition, our focus remains on supporting businesses, innovators, and creators in protecting and growing your Intellectual assets in Indonesia, globally, and beyond.   Need help protecting your IP in Indonesia? Book a free 15-minute call with a registered IP consultant and ensure your IP meets all local requirements:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Client’s Victory: The Court of Commerce Invalidates "Deli Waffle" Trademark Registration - AFFA IPR

Client’s Victory: The Court of Commerce Invalidates “Deli Waffle” Trademark Registration

Intellectual Property, Trademark

In a significant development for Intellectual Property rights protection in Indonesia, AFFA Intellectual Property Rights has officially submitted a request to the Directorate General of Intellectual Property (DGIP) on 11 September 2025 to implement a landmark court decision by recording the invalidation of the “Deli Waffle + Logo” Trademark (No. IDM001120480) owned by ICEN LESTARI.   This follows a ruling issued on 10 July 2025 by the Commercial Court at the Central Jakarta District Court (Case No. 22/Pdt.Sus-Merek/2025/PN.NIAGA.JKT.PST), which fully granted a Trademark bad-faithi invalidation filed by Singapore-based PRIMA LIMITED—represented by AFFA—against ICEN LESTARI. The decision, which attained permanent legal force on 8 September 2025, affirms the principle of good faith in Trademark registration and reinforces Indonesia’s commitment to international brand protection.   Background of the Dispute   PRIMA LIMITED, a company established under Singaporean law, has actively developed and promoted its “Deli Waffle” products globally. The company has secured Trademark registrations for “Deli Waffle” in various jurisdictions, including Singapore (registered in 2020), Australia (registered in 2022), and China (registered in 2023). In Indonesia, PRIMA LIMITED had also initiated Trademark applications for “Deli Waffle + Logo” in 2022 and 2025.   The core of the dispute arose when PRIMA LIMITED discovered that ICEN LESTARI had registered a highly similar “Deli Waffle + Logo” Trademark (No. IDM001120480) in Indonesia, with a filing date of November 2022. This action prompted PRIMA LIMITED to file a Trademark invalidation lawsuit on 5 March 2025.   Key Arguments and Court’s Findings   PRIMA LIMITED contended that ICEN LESTARI’s Trademark registration exhibited fundamental similarities in its principal and overall elements, including visual appearance, phonetics, and the type of goods/services protected, with PRIMA LIMITED’s existing “Deli Waffle” mark. More critically, PRIMA LIMITED argued that ICEN LESTARI’s registration was undertaken in bad faith, with the intention to imitate or plagiarize a well-known mark. The plaintiff presented evidence of its extensive marketing efforts, including brochures and online presence, indicating its prior and widespread use of the “Deli Waffle” mark, including in Indonesia.   The Commercial Court’s deliberations extensively covered these points. Applying provisions from Law No. 20 of 2016 concerning Trademarks and Geographical Indications (Trademark Law), the Court concluded that there was indeed a fundamental similarity between the two marks. The Court highlighted that the similarity was evident in the word “Deli Waffle,” its spelling, and the accompanying logo, leading to potential consumer confusion and unfair competition.   Crucially, the Court found conclusive evidence of bad faith on the part of ICEN LESTARI. The ruling explicitly stated that the defendant’s actions were intended to mimic or plagiarize the plaintiff’s mark, thereby exploiting the reputation and market presence built by PRIMA LIMITED. The Court referenced Article 21 (3) of the UU Merek, which stipulates that Trademark applications filed in bad faith shall be rejected. The Court also upheld the principles of Article 21 (1) (a), which dictates that a Trademark should be rejected if it bears fundamental or overall similarity to an earlier-registered mark owned by another party for similar goods or services.   The Court’s Verdict   Based on these findings, the Commercial Court at the Central Jakarta District Court issued the following decisive orders on 10 July 2025: Granting the Plaintiff’s lawsuit in its entirety. Declaring PRIMA LIMITED as the legitimate owner of the “Deli Waffle + Logo” Trademark. Declaring the Defendant’s “Deli Waffle + Logo” Trademark (No. IDM001120480) to be fundamentally similar to the Plaintiff’s mark. Declaring that the Defendant’s Trademark registration (No. IDM001120480) was conducted in bad faith. Invalidating the registration of the Defendant’s “Deli Waffle + Logo” Trademark (No. IDM001120480) from the General Register of Trademarks, along with all its legal consequences. Ordering the Directorate General of Intellectual Property (DGIP) to record this invalidation and publicize it in the Official Trademark Gazette. Ordering the Defendant to pay the court costs amounting to IDR 1,120,000.00.   Significance for IP Protection in Indonesia   This ruling serves as a powerful deterrent against Trademark squatting and bad-faith registrations in Indonesia. It underscores the importance of conducting proper due diligence and registering Trademarks in good faith. For international companies like PRIMA LIMITED, this decision provides significant assurance that their intellectual property rights will be recognized and protected under Indonesian law, even against attempts to exploit their brand’s reputation.   AFFA Intellectual Property Rights is proud to have represented PRIMA LIMITED in securing this vital victory, reaffirming our commitment to defending our clients’ innovations and brands in the complex landscape of intellectual property law.   For more information regarding IP protection in Indonesia, please contact us through the following channels:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

A Strong Signal to Proceed Confidently with Your IP Registrations - AFFA IPR

DGIP Resolves 92.99% of IP Applications in Q2 2025 — A Strong Signal to Proceed Confidently with Your IP Registrations

Intellectual Property

In an encouraging update from Indonesia’s Directorate General of Intellectual Property (DGIP), the second quarter of 2025 recorded a total of 82,661 IP applications, with an impressive 92.99% of them already resolved—an increase of 7.45% compared to the same period last year.   Here’s a quick breakdown: Copyrights: 41,855 applications, 100% resolved Trademarks: 33,613 applications, 30,630 resolved Patents: 2,876 applications, 2,336 resolved Industrial Designs: 1,856 applications, 2,030 resolved (some carried over from previous periods) Geographical Indications, Trade Secrets, and DTLST: minimal but all handled Others (post-application matters): 2,447 recorded What does this mean for IP owners and applicants?   DGIP continues to demonstrate improved efficiency—particularly in Copyright and Trademark matters, which make up the majority of total submissions. For businesses and creators, this is a strong signal to proceed confidently with their IP registrations.   At AFFA Intellectual Property Rights, we are proud to serve as your trusted partner in working with DGIP. As a registered and authorized IP consultant in Indonesia, we assist clients at every stage of the process: from filing and responding to office actions, to license recordals and post-registration services.   Let us take care of the complexities, so you can stay focused on what you do best—growing your business and innovating.   Need help protecting your IP in Indonesia? Book a free 15-minute consultation with one of our professional IP consultants:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889   Source:  Ministry of Law of the Republic of Indonesia