Why “We’ll Register Later” Is the Most Expensive Decision a Company Can Make in Indonesia - AFFA IPR

Why “We’ll Register Later” Is the Most Expensive Decision a Company Can Make in Indonesia

Intellectual Property, TrademarkLeave a comment

For many startups and expanding businesses, Intellectual Property registration is often treated as an administrative task that can be postponed until “later.”   The product launch comes first. The marketing campaign comes first. Distribution comes first. Fundraising comes first. But for Trademark registration? “We’ll handle it later.”   Unfortunately, in Indonesia, that single sentence has become one of the most expensive mistakes a company can make.   Indonesia Uses a First-to-File System   In Indonesia, Trademark rights generally belong to: whoever files first —not necessarily whoever used the brand first. This creates serious risks for businesses entering the Indonesian market without securing their Trademark early.   The Distributor Risk Is Real!   One of the most common cases involves: distributors; local partners; resellers; or  manufacturers filing the foreign brand under their own name before the actual owner does.   Once registered, the original brand owner may face: legal disputes; blocked market entry; licensing pressure; or expensive negotiations just to recover their own brand.   The Real Cost Is Not the Filing Fee   Many companies postpone filing to save money. But in practice, delayed registration can lead to: forced rebranding; packaging redesign; litigation costs; marketplace takedowns; investor concerns; and  loss of business opportunities.   We have seen businesses spend far more resolving Trademark disputes than they would have spent filing the Trademark properly from the beginning.   Yes, Bad-Faith Filings Can Be Challenged   Indonesia allows Trademark oppositions and cancellation lawsuits against bad-faith registrations. However, these processes can be costly, time-consuming, and uncertain.   To challenge squatters successfully, companies often need: overseas Trademark registrations; proof of use; promotional evidence; sales data; and  evidence showing prior relationships with the squatter.   Even with strong evidence litigation is still much more expensive than early filing.   Investors Pay Attention to IP Problems   Today, investors and Venture Capitals increasingly examine Trademark ownership, IP portfolios, and legal risks before investing.   An unprotected brand in Indonesia can: delay deals; reduce valuation; and  create major business uncertainty.   The Best Strategy Is Still the Simplest One   The cheapest Trademark dispute is the one that never happens. For companies planning to enter Indonesia, the safest strategy remains: file early; secure the brand first; and  protect the business before expansion begins.   As an Intellectual Property Law Firm in Indonesia, AFFA assists businesses and international brand owners in protecting and enforcing their Trademarks in Indonesia, including anti-squatting strategies, oppositions, cancellations, and cross-border IP protection.   Should you require further information, please feel free to contact us through the channels below to receive a complimentary 15-minute consultation:   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   About AFFA:  Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

Indonesia Begins Revising Its Industrial Design Law: What Foreign Businesses Need to Know - AFFA IPR

Indonesia Begins Revising Its Industrial Design Law: What Foreign Businesses Need to Know

Intellectual Property, Industrial DesignLeave a comment

Indonesia’s House of Representatives (DPR RI), through the Special Committee (Pansus) on the Industrial Design Bill, has officially begun discussions with the government regarding the proposed revision of Indonesia’s Industrial Design Law.   The amendment is considered an important step toward strengthening national Intellectual Property protection amid the rapid growth of the digital economy and creative industries.   According to Franciscus Sibarani, Vice Chairman of the Special Committee on the Industrial Design Bill, the current Industrial Design Law — Law Number 31 of 2000 — is no longer fully aligned with the realities of today’s industries and business environment.   Over the past two decades, significant changes have taken place in product development, digital marketing, and commercial practices, creating the need for a more modern and adaptive legal framework for Industrial Design protection.   Social Media Creates New Challenges for Industrial Design Protection   An important issue highlighted during the discussions concerns the impact of social media and digital publication on the novelty requirement of Industrial Designs.   Today, many businesses and designers promote their products through Instagram, TikTok, online marketplaces, and other digital platforms before filing for Industrial Design protection.   However, such publications may potentially affect the novelty element, which is one of the essential legal requirements for obtaining Industrial Design rights.   As a result, lawmakers are considering regulatory approaches that can accommodate modern promotional practices without weakening the core principles of Intellectual Property protection.   Faster Protection Needed for Fast-Moving Industries   The discussions also addressed the need for a faster and more adaptive protection system for industries with short commercial cycles, including: Fashion; Handicrafts; textiles; and other creative products.   In today’s rapidly changing market environment, trends can evolve faster than traditional legal procedures. A more responsive Industrial Design protection system is therefore considered essential to help Indonesian creative industries remain competitive while securing adequate legal protection for their works.   Toward a More Modern Industrial Design System   The proposed Industrial Design Bill is expected to create a legal framework that is: Modern; Fair; adaptive to technological developments; and capable of strengthening Indonesia’s creative industry ecosystem.   Beyond providing legal certainty, the bill is also expected to encourage innovation, creativity, and Intellectual Property-based economic growth in Indonesia.   As an Intellectual Property Law Firm in Indonesia, AFFA assists businesses, designers, and brand owners in protecting their Industrial Designs, including registration strategies, portfolio management, and Intellectual Property protection in Indonesia and internationally.   Should you require further information, please feel free to contact us through the channels below to receive a complimentary 15-minute consultation:   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   About AFFA:  Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id. Source: – Kompas: RUU Desain Industri, DPR Mulai Bahas Bersama Pemerintah

Indonesia Intensifies Crackdown on Copyright Piracy Websites - Over 1,000 Sites Shut Down - AFFA IPR

Indonesia Intensifies Crackdown on Copyright Piracy Websites – Over 1,000 Sites Shut Down

Copyright, Intellectual PropertyLeave a comment

Indonesia’s Directorate General of Intellectual Property (DGIP), through its Directorate of Law Enforcement, continues to strengthen Copyright protection in the digital environment by actively taking action against websites that host Copyright-infringing content.   From January 1, 2025, until May 11, 2026, Indonesian authorities successfully shut down a total of 1,004 websites involved in Copyright infringement activities!   Pirate Streaming Websites Remain the Main Target   In 2025, the largest enforcement category involved illegal movie and television streaming platforms, with 401 pirate websites being blocked or taken down.   In addition, DGIP also enforced actions against: 258 websites distributing pirated digital books, webtoons, and digital comics; 198 websites infringing broadcasting rights; and 28 other websites containing various forms of Copyright-infringing content.   The enforcement efforts continued into 2026. As of May 11, 2026, DGIP had already shut down 119 additional Copyright infringement websites, including: 61 pirate movie and TV streaming websites; 24 pirated digital book, webtoon, and digital comic websites; and 34 other infringing websites.   Indonesia Strengthens Digital Copyright Enforcement   Director General of Intellectual Property, Hermansyah Siregar, emphasized that Copyright protection in the digital space has become a serious national priority due to the significant impact of piracy on Indonesia’s creative economy.   According to him, shutting down piracy websites is part of the government’s broader effort to build a healthier digital ecosystem that respects creators and Intellectual Property rights.   He further stated that digital piracy not only harms creators and Copyright owners but also affects the long-term growth of Indonesia’s creative industry. The Indonesian government continues encouraging economic growth through Intellectual Property development, while strengthening monitoring systems and digital enforcement measures to ensure that creative works receive proper legal protection.   Enforcement Process and Legal Basis   Director of Law Enforcement, Arie Ardian Rishadi, explained that Copyright infringement complaints are processed in accordance with Indonesian regulations through: complaint intake; verification procedures; recommendations for website blocking; and access termination measures.   These actions are intended to ensure effective Copyright protection while safeguarding Indonesia’s digital creative economy ecosystem from the negative effects of online piracy.   The enforcement measures are carried out pursuant to: Law Number 28 of 2014 concerning Copyright; Joint Regulation Number 14 of 2015 and Number 26 of 2015; and Minister of Law Regulation Number 47 of 2025 concerning the Handling of Intellectual Property Infringement Reports in Electronic Systems.   Public Participation Encouraged   DGIP also encourages Copyright owners, businesses, and the public to actively participate in combating digital piracy by reporting websites containing infringing content through the official DGIP complaint portal.   As digital piracy continues evolving across streaming platforms, digital publishing, and online content distribution, proactive Copyright enforcement remains increasingly important for businesses operating in the creative and digital industries.   As an Intellectual Property Law Firm in Indonesia, AFFA assists businesses, creators, and content owners in protecting and enforcing their Intellectual Property rights, including Copyright protection, enforcement strategies, and anti-piracy measures in the digital environment.   Should you require further information regarding Copyright protection and enforcement in Indonesia, please feel free to contact us through the channels below to receive a complimentary 15-minute consultation:   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   About AFFA:  Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id. Source: Indonesia’s Directorate General Intellectual Property (DGIP)

Trademark Filings Surge in Bali’s Hospitality: How to Avoid Refusal - AFFA IPR

Trademark Filings Surge in Bali’s Hospitality: How to Avoid Refusal

Intellectual Property, TrademarkLeave a comment

In recent years, Bali has continued to position itself as one of Southeast Asia’s most dynamic culinary and lifestyle hubs. Alongside the rapid growth of cafés, restaurants, and hospitality businesses, a notable trend has emerged: a sharp increase in Trademark filings—particularly for hospitality services, restaurants, cafés, catering, and temporary accommodation rental.   A Significant Rise in Trademark Applications   Since 2025, Trademark applications in Bali have surged to 3,457 filings, with a strong concentration in Class 43, which covers services such as cafés, restaurants, and food and beverage establishments. Notably, 757 applications fall under this class alone.   This data reflects a clear shift: business owners are no longer treating branding as an afterthought. Instead, they recognize that a Trademark is a core business asset—especially in a highly competitive market like Bali.   Why Café Trademarks Are Increasing   Several structural factors are driving this spike: Intensifying competition among cafés and hospitality brands. Tourism recovery and growth, bringing in both domestic and international consumers. Increased awareness of brand identity and differentiation. Rising cases of brand imitation and disputes are pushing businesses to secure legal protection early.   In an environment where visual identity, naming, and customer perception are critical, failing to protect a Trademark can lead to costly conflicts.   The Risk: Trademark Refusal   Despite the growing number of applications, many are still vulnerable to rejection. The most common reasons include:   Similarity with Existing Trademarks Applications are often rejected due to resemblance—whether in name, pronunciation, or overall impression—to previously registered marks. Lack of Distinctiveness Generic or descriptive names (e.g., “Bali Coffee House” or “Tropical Café”) are difficult to register because they do not clearly distinguish one business from another. Bad Faith Concerns Applications may be refused if there is an indication that the applicant is attempting to imitate or exploit an existing brand’s reputation. Conflict with Well-Known Marks Indonesia applies a broader standard of protection for well-known marks. Even if registered in different classes, a similar mark may still be rejected if it risks association with a recognized brand.   Practical Strategies to Avoid Refusal   To ensure a smooth registration process, brand owners and entrepreneurs should adopt a structured approach:   Conduct a Comprehensive Trademark Search Before filing, it is essential to assess existing registrations. This minimizes the risk of similarity-based refusal. Create a Distinctive Brand Choose a name that is: Unique and creative. Not directly descriptive of the product or service. Capable of building long-term brand equity. File in the Correct Class For cafés, Class 43 is the primary category (Indonesia still uses NICE Classification version 11). However, consider additional classes if you plan to expand into merchandise, packaged goods, or franchising. Prepare Proper Documentation Ensure that all administrative and legal requirements are complete and accurate to avoid procedural delays or rejection. Engage a Trademark Consultant Professional guidance significantly reduces risk—particularly in navigating legal nuances, drafting specifications, and responding to objections.   Trademark Protection Is No Longer Optional   The surge in filings clearly indicates one thing: awareness of Trademark protection is increasing—and so is competition for brand ownership.   Indonesia follows the first-to-file principle, meaning that the party who files first obtains the legal rights—not necessarily the one who uses the mark first.   Act Before It’s Too Late   For business owners worldwide—especially those planning to enter the Indonesian market, with Bali as a key target destination—the message is clear: Awareness of Trademark protection is rising. Competition for brand ownership is intensifying. Delays can result in losing your brand rights entirely.   Register your Trademark now—before someone else does.   Should you need further information regarding the registration of Trademarks in Indonesia, please contact us through the channels below and receive a FREE 15-minute consultation:   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   About AFFA:  Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

AFFA Represents Neo Factory Co., Ltd. (Thailand) in the Invalidation of the D-Nee Trademark Registration in Indonesia

AFFA Represents Neo Factory Co., Ltd. (Thailand) in the Invalidation of the D-Nee Trademark Registration in Indonesia

Intellectual Property, TrademarkLeave a comment

In an increasingly competitive business landscape, a Trademark is not merely an identity—it is a strategic asset that determines trust, reputation, and business sustainability. However, in practice, not all business actors fully understand the importance of comprehensive Trademark protection from the outset.   A recent decision by the Supreme Court of the Republic of Indonesia, Number 1337 K/Pdt.Sus-HKI/2025 Jo. Number 125/Pdt.Sus-Merek/2024/PN.Niaga.Jkt.Pst, reaffirms this point and serves as an important reminder for businesses not to underestimate the legal aspects of Intellectual Property in Indonesia.   Case Chronology This case arose from the registration of a Trademark in Indonesia by a party whose mark bore substantial similarity to a trademark owned by a Thai trademark owner.   Below is the key timeline:   May 15, 1997 The original owner registered its Trademark in its home country (Thailand) for various Class 3 products such as soap, lotion, and personal care items.  Global Expansion (following years) The Trademark was subsequently registered and used in multiple countries, including China, Malaysia, Bahrain, Cambodia, Laos, the United Arab Emirates, and Vietnam.  December 19, 2018 A party in Indonesia filed a Trademark application with a name and appearance that were substantially similar.  December 4, 2020 The Trademark obtained protection in Indonesia after undergoing the examination process.    At this point, there was a gap of more than 21 years since the original registration by the rightful owner.   December 23, 2024 AFFA, acting as the Plaintiff, filed a lawsuit to invalidate the Trademark registration against the Defendant at the Commercial Court of the Central Jakarta District Court.  March 20, 2025 The Commercial Court at the Central Jakarta District Court issued an initial decision rejecting the claim of the original Trademark owner.  March 27, 2025 A cassation appeal was filed by the original Trademark owner to the Supreme Court.  April 9, 2025 The cassation memorandum was officially received by the court. December 17, 2025 The Supreme Court, at the cassation level, granted the cassation petition filed by AFFA.   In its considerations, the Supreme Court stated that: The Indonesian Trademark had substantial similarity to the original Trademark. The registration was made in bad faith. The act had the potential to create unfair competition and mislead consumers.   Based on these findings, the Supreme Court: Granted the cassation petition; Overturned the previous decision; Declared the Trademark registration in Indonesia invalid; and Ordered its removal from the general Trademark register.   This case highlights one crucial point: Trademark protection is a business strategy, not merely an administrative process. The more than two-decade delay in this case demonstrates that failure to secure rights in a particular country can open opportunities for other parties to take advantage.   At the same time, this decision provides reassurance that the Indonesian legal system continues to protect parties with strong grounds of use and established reputation.   Business actors should consider the following strategic measures: Secure Trademark protection early, including in target expansion countries. Conduct comprehensive clearance searches before filing a Trademark. Build and consistently document brand reputation. Be prepared to enforce rights in the event of infringement.   With the right approach, a Trademark becomes not only a business identity but also a solid foundation for long-term growth.   Proper guidance from the outset will help ensure that each protection step is carried out strategically, minimizing the risk of disputes and preserving business value.   Should you need further information regarding Trademark protection in Indonesia, feel free to contact us through the following channels and receive a FREE 15-minute consultation:   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   About AFFA:  Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

How to Determine a Well-Known Trademark in Indonesia According to the Ministry of Law Regulation No. 5 Year 2026? - AFFA IPR

如何根据2026年第5号法律部长条例认定印度尼西亚的驰名商标？

Intellectual Property, TrademarkLeave a comment

在当今全球化且竞争激烈的市场环境中，**驰名商标（well-known mark）**在商标保护中发挥着至关重要的作用。与普通商标不同，驰名商标因其卓越的声誉和广泛的认知度，即使在非类似商品或服务类别中，也可获得更广泛的法律保护。   鉴于其重要性，印度尼西亚通过《2026年第5号法律部长条例》（以下简称“该条例”）对商标注册制度进行了完善，并明确规定了认定驰名商标的更清晰、更系统化的标准。   本文将概述该条例下用于评估驰名商标地位的关键因素。   驰名商标认定的法律依据   根据该条例，驰名商标的认定标准规定于第36条。该条例并未依赖单一标准，而是采用多因素综合评估方法，确保驰名商标的认定基于全面且客观的考量。   驰名商标认定的主要标准   公众认知程度 首要考虑因素是商标在公众中的知名程度，尤其是在相关行业领域内的认知度。若商标具备以下特点，则可能被认定为驰名商标： 具有较高的品牌记忆度 在消费者中具有广泛认知 在所属行业中具有显著影响力 该因素体现了一个核心原则：驰名商标必须是广为人知的，而不仅仅是完成注册的商标。 销售额及盈利能力 另一关键指标是商标的商业表现，包括： 商品或服务的销售额 商标使用所产生的利润 良好的商业表现表明该商标已获得市场的广泛认可并具有较高的经济价值。 市场份额 该条例还考虑商标所占据的市场份额。较高或主导性的市场份额意味着： 商标具有较强的竞争力 在行业中占据重要地位 该因素反映了商标在市场中的经济影响力。 使用地域范围 商标的使用范围越广，其被认定为驰名商标的可能性越高，包括： 在印度尼西亚境内的覆盖范围 在多个国家或地区的国际使用 跨越地域界限的商标更容易被认定为驰名商标。 使用期限 商标的使用时间长短也是重要考量因素。长期持续使用的商标： 展现稳定性 建立消费者信任 强化品牌认知 这一因素体现了时间在建立品牌声誉中的累积价值。 宣传力度与投入 该条例还评估商标的推广活动，包括： 广告宣传 市场营销策略 品牌建设投入 持续且高强度的推广有助于显著提升商标的知名度和声誉。 境外商标注册情况 国际注册是一个重要的辅助因素。若商标在多个国家或地区获得注册或申请注册，尤其是在发达市场中，则表明其具有全球认知度，并有助于强化其驰名商标地位。 执法与法律认定情况 商标维权成功与否同样具有参考价值，包括： 法院判决 行政裁定 官方机构的认定 已被权威机构认定为驰名商标的情况具有重要的证据效力。 内在价值与声誉 最后，该条例还考虑商标的内在价值，包括： 品牌声誉 消费者信任 商品或服务的质量保证 该因素体现了品牌资产中无形但关键的价值。   整体评估方法   需要强调的是，该条例并不要求同时满足所有标准。相反，驰名商标的认定基于整体性评估，即： 各项因素在具体情境下综合考量 依据整体证据的强度进行判断   这种灵活的方法使监管机构能够适应不同行业及商业模式。   对品牌所有人的启示   该条例通过明确标准，为品牌所有人提供了更高的法律确定性，同时也传递了一个重要的战略信息：   “驰名商标的形成，并非行政认定的结果，而是长期商业经营、市场推广与法律保护共同作用的成果。”   为了巩固其市场地位，品牌所有人应： 持续投入品牌建设 扩大市场覆盖范围 维护完善的商标注册体系 积极进行权利维权   总体而言，该条例为印度尼西亚驰名商标的认定建立了一个全面且结构化的法律框架。   通过综合考虑公众认知、商业表现、地域覆盖以及法律执行等因素，该条例确保只有真正具备市场影响力和品牌声誉的商标，才能获得驰名商标的认定。   对于企业而言，这再次强调了一个关键理念： 知识产权，尤其是商标，不仅仅是法律形式，更是一项必须长期经营、保护并加以运用的战略性资产。   如果您需要了解更多关于印尼驰名商标保护方面的信息，请通过以下渠道联系我们，即可获得15分钟的免费咨询：   📩 电子邮件：[email protected] 📞 电话预约：+62 21 83793812 💬 WeChat：@AFFAIPR   关于 AFFA： AFFA 知识产权事务所成立于1999年，是一家总部位于印度尼西亚的精品知识产权律师事务所，专注为国际品牌与创新者提供全方位服务，包括申请注册、许可授权、执法维权及商业化支持，助力客户在印尼不断发展的知识产权环境中稳健发展。   本所因卓越表现广受认可，荣获 Asia Business Law Journal 颁发的“2025年度印度尼西亚最佳精品律师事务所”及“知识产权执法事务所”称号，并入选 WTR 1000 “2024年度推荐事务所（印度尼西亚）”。 更多信息请访问：www.affa.co.id

How to Determine a Well-Known Trademark in Indonesia According to the Ministry of Law Regulation No. 5 Year 2026? - AFFA IPR

How to Determine a Well-Known Trademark in Indonesia According to the Ministry of Law Regulation No. 5 Year 2026?

Intellectual Property, TrademarkLeave a comment

In today’s globalized and highly competitive marketplace, the concept of a well-known mark plays a critical role in Trademark protection. Unlike ordinary Trademarks, well-known marks enjoy broader legal protection—even across dissimilar goods or services—due to their strong reputation and recognition. Recognizing this importance, Indonesia has refined its legal framework through the Ministry of Law Regulation No. 5 of 2026 on Trademark Registrations (the “Regulation”), which provides clearer, more structured criteria for determining whether a Trademark qualifies as a well-known mark. This article outlines the key factors used under the Regulation to assess well-known mark status in Indonesia.   Legal Basis for Well-Known Mark Recognition Under the Regulation, the criteria for determining a well-known mark are stipulated in relation to Article 36 of the Ministry of Law Regulation No. 5 of 2026 on Trademark Registrations. Rather than relying on a single determinant, the Regulation adopts a multi-factor assessment, ensuring that recognition as a well-known mark is based on comprehensive and objective considerations.   Key Criteria for Determining a Well-Known Trademark Level of Public Recognition The primary consideration is the extent to which the Trademark is known by the public, particularly within its relevant business sector. A Trademark may be considered well-known if it has achieved: Strong reputation recall. Widespread recognition among consumers. Significant presence in its industry. This factor reflects the fundamental principle that a well-known Trademark must be widely recognized, not merely registered. Sales Volume and Profitability Another key indicator is the commercial success of the Trademark, including: Sales volume of goods and/or services. Profits generated from the use of the Trademark. High commercial performance demonstrates that the Trademark has gained substantial market acceptance and economic value. Market Share The Regulation also considers the market share controlled by the Trademark owner. A dominant or significant market share indicates that: The Trademark is highly competitive. It plays a major role within its industry. This factor highlights the economic influence of the Trademark in the marketplace. Geographical Scope of Use The broader the geographical reach of a Trademark, the stronger its claim to well-known status. This includes: Domestic coverage across Indonesia. International presence in multiple jurisdictions. A Trademark that transcends borders is more likely to be recognized as well-known. Duration of Use Longevity is another important factor. A Trademark that has been used consistently over a long period: Demonstrates stability. Builds consumer trust. Reinforces brand recognition This reflects the cumulative value of time in establishing a reputation. Intensity of Promotion and Investment The Regulation also evaluates the extent of promotional activities, including: Advertising campaigns. Marketing strategies. Investment in brand development. Substantial promotional efforts contribute significantly to building a Trademark’s reputation. Trademark Registrations in Other Countries International registration is a strong supporting factor. If a Trademark is registered in various classes in multiple jurisdictions, it indicates global recognition and strengthens its well-known status. Registrations in developed, advanced markets are seen as more important and carry more weight. Enforcement and Legal Recognition The success of Trademark enforcement actions is also relevant. This includes: Court decisions. Administrative rulings. Official recognition by authorities. A Trademark that has been legally recognized as well-known carries significant evidentiary weight. Inherent Value and Reputation Finally, the Regulation considers the intrinsic value of the Trademark, derived from: Its reputation. Consumer trust. Quality assurance of goods/services This factor reflects the intangible yet critical value of brand equity.   A Holistic Assessment Approach It is important to emphasize that the Regulation does not require all criteria to be fulfilled simultaneously. Instead, the determination of a well-known mark is based on a holistic assessment, in which each factor is evaluated in context, and the overall strength of the evidence is considered. This flexible approach allows authorities to adapt to different industries and business models.   Implications for Brand Owners The introduction of clear criteria under the Regulation provides greater legal certainty for brand owners. However, it also underscores an important strategic message: “Becoming a well-known mark is not an administrative status—it is the result of sustained business, marketing, and legal efforts.” To strengthen their position, brand owners should: Invest consistently in brand building. Expand market presence. Maintain proper trademark registrations. Actively enforce their rights In the end, the Regulation establishes a comprehensive and structured framework for determining well-known marks in Indonesia. By incorporating factors such as recognition, commercial performance, geographical reach, and legal enforcement, the Regulation ensures that well-known status is granted only to marks with genuine market strength and reputation. For businesses, this serves as a clear reminder that intellectual property—particularly trademarks—is not merely a legal formality, but a strategic asset that must be actively developed, protected, and enforced over time.   Should you need further information regarding the protection of well-known marks in Indonesia, please contact us through the channels below and receive a FREE 15-minute consultation:   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   About AFFA:  Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

One Vehicle - Two Different Brands: Which Intellectual Property Rights May Be Infringed? - AFFA IPR

One Vehicle – Two Different Brands: Which Intellectual Property Rights May Be Infringed?

Industrial Design, Intellectual PropertyLeave a comment

We may already be familiar with the concept of ODM (Original Design Manufacturer)—a production scheme where a single manufacturer produces identical products in terms of design, which are then marketed under different brands by multiple companies. This phenomenon is commonly seen in electronic products such as chargers, earphones, and smartphones.   However, what happens when a similar practice occurs in far more complex products such as motor vehicles?   Is it possible for two physically identical motorcycles or cars to be sold in the market under different brands? The answer is: yes—but not always legally.   Industrial Design: Protecting the Aesthetic Appearance of Products   In the automotive context, the most critical aspect is not only functionality, but also visual appearance, which is protected under Industrial Design rights.   Industrial Design protection covers shape, configuration, composition of lines or colors, and overall aesthetic impression. This means that if two vehicles share an identical design but are marketed under different brands, the legal conflict may strongly point toward Industrial Design infringement.   Industrial Design Protection Extends to Individual Components   Under Industrial Design law, vehicles are categorized as “complex products,” meaning that each visible component—such as bumpers, headlights, or wheels—can be individually registered and protected as separate designs.   As a result, infringement involving a single vehicle may not be isolated, but rather multi-layered. For example, if a party produces a vehicle that appears substantially similar, and:   the bumper infringes Registered Design A the wheels infringe Registered Design B the headlights infringe Registered Design C   Then the infringement is not singular—it becomes a multi-layer infringement case with significant legal implications.   Why Does This Practice Occur?   Several scenarios may explain this phenomenon:   Legitimate Collaboration (Legal Co-Branding / Rebadging) In the automotive industry, this practice is commonly known as rebadging or OEM partnership. In such cases, one manufacturer produces the vehicle, another company markets it under a different brand, based on valid licensing or distribution agreements.  In this scenario, no infringement occurs, as Industrial Design rights are lawfully utilized through contractual arrangements. Unauthorized Copying (Illegal Production)  This is the highest-risk scenario. Here, a vehicle design is replicated without authorization and/or marketed under a different brand, with no legal relationship to the original design owner.In such cases, potential infringements may include: Industrial Design infringement. Trademark infringement (especially if there is imitation of identity or brand confusion).  Gray Area: Ex-ODM or Supply Chain Leakage In certain cases, manufacturers that previously collaborated under ODM/OEM arrangements: have access to proprietary designs and later reproduce similar products under a different brand without further authorization  Unfortunately, this type of practice is not uncommon in global manufacturing and often leads to complex legal disputes.   What Should Consumers Be Aware Of?   For consumers, this phenomenon is not always easy to identify. However, several precautionary principles can be considered:   Be Cautious of Unusual Price Differences If two visually identical vehicles are sold at significantly lower—or even unusually higher—prices, their legality should be questioned.  Verify Official Distribution Channels Is the product sold through authorized dealers with clear after-sales support? In legitimate partnerships, licensees or distributors typically disclose such information openly through official websites or social media channels.  The Risk Is Not Only Legal—But Also Quality Products that infringe intellectual property rights often bypass proper quality control and lack safety guarantees.  One Vehicle, Two Brands: Not Just a Trademark Issue, but a Complex IP Ecosystem   This phenomenon is not merely a branding issue. Behind it lies the potential for serious violations involving Industrial Design rights, Trademark rights, and even issues of public transparency.   For businesses, this serves as an important reminder that protecting intellectual property is not only about registration—it also involves controlling the production and distribution chain, often secured through licensing agreements.   For consumers, choosing legitimate products is not only about legal compliance but also about safety, quality, and the sustainability of the industry.   If you are a business engaged in global manufacturing, ensuring the protection of your Industrial Designs and Trademarks from the outset is a critical step.   Should you need further information regarding the protection of Industrial Designs, Trademarks, and Licensing Agreements in Indonesia, please contact us through the channels below and receive a FREE 15-minute consultation:   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   About AFFA:  Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

Types of Intellectual Property in the Gaming Industry - AFFA IPR

Types of Intellectual Property in the Gaming Industry

Intellectual PropertyLeave a comment

The gaming industry is no longer merely a form of entertainment—it has become one of the largest digital economic sectors in the world. Globally, the gaming industry is projected to generate approximately USD 188.8 billion in 2025, with billions of players worldwide. In fact, the sector is expected to continue growing and may approach USD 300 billion within the next 2–3 years.   In Indonesia, the potential is equally significant. The gaming market is estimated to reach around USD 4.28 billion (± IDR 65 trillion) in 2025, with more than 150 million active players. Indonesia has even become the largest gaming market in Southeast Asia, driven largely by the dominance of mobile gaming. However, what is truly interesting is not just the numbers, but where the money actually comes from.   Where Does the Gaming Industry’s Revenue Come From? The economic circulation within the gaming industry is driven by various monetization streams, including:   In-App Purchase (IAP) In-game purchases such as skins, items, characters, or battle passes have become the primary revenue driver. In Indonesia alone, IAP contributes hundreds of millions of dollars annually. Game Sales (Premium Model) Paid games—both digital and physical—remain a core business model, especially for PC and console platforms. Advertising Free-to-play games often monetize through advertising, which contributes a significant portion of industry revenue. Subscription & Platform Ecosystem Models such as Xbox Game Pass and PlayStation Plus create stable recurring revenue streams. Esports & Streaming Tournaments, sponsorships, and streaming platforms generate their own economic ecosystem. Merchandise & Licensing Game characters evolve into brands that generate revenue through derivative products such as toys, films, apparel, and more.   Intellectual Property in the Gaming Industry However, before a game can even exist in the market, its Intellectual Property (IP) protection is indispensable. Behind the complexity of the industry lies a combination of integrated IP rights:   Trademark Protects the game name (e.g., Mobile Legends, Genshin Impact), logos, and even character names. Trademark registration serves as both a business identity safeguard and a key marketing asset. Copyright Protects source code, artwork, character design, animation, music and sound effects, as well as dialogue and storyline. In essence, almost all creative elements within a game fall under copyright protection. Patent Used to protect innovative gameplay mechanics and technical systems such as matchmaking algorithms, AI behavior, or unique physics engines. Patent protection for gameplay mechanisms has become common practice—not only to prevent competitors from copying, but also to generate additional revenue through licensing to other developers. Trade Secret Protects internal algorithms (such as drop rates and balancing systems), player data and analytics, as well as monetization strategies. Licensing Licensing is the core of IP monetization in the gaming industry. Today, many successful games achieve significant growth through collaborations with well-known brands. Examples include games that incorporate characters from films (Marvel, anime, tokusatsu, etc.) or brand collaborations (such as skins tied to fashion, automotive, or sports brands).   However, these collaborations carry serious legal implications. Without proper licensing agreements, the use of third-party IP may lead to significant legal disputes.   Why Do Many Games Use Region Lock? The “region lock” phenomenon in gaming is not merely a technical decision—it is closely tied to both business strategy and intellectual property law, driven by the following factors:   Licensing Differences Distribution rights for a game may vary across countries. For example, Publisher A may hold rights in Asia, while another entity controls Europe. Unauthorized distribution may harm these rights holders. Regulatory Compliance Each country has different regulations regarding content (violence, gambling, etc.), data privacy, and payment systems. Therefore, a game cannot simply be released globally without adapting to local regulations. Pricing Strategy Region lock allows companies to apply different pricing strategies based on purchasing power in each country. Markets with large player bases may receive lower pricing—or not—depending on marketing strategy, including region-specific promotions. Technical Limitations Some games require specific internet infrastructure or platforms that may not be available in all countries. Forcing availability could result in poor performance and damage user experience. For these reasons, region lock and distribution limitations have become standard practice in the gaming industry.   If your business is involved in the gaming industry and you require further information regarding Intellectual Property protection and registration in Indonesia or other jurisdictions, feel free to contact us through the following channels and receive a FREE 15-minute consultation:   📩 E-Mail : [email protected] 📞 Book a Call : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   About AFFA:  Established in 1999, AFFA Intellectual Property Rights is an Indonesia-based boutique IP law firm serving international brands and innovators, offering full-service support—from prosecution and licensing to enforcement and commercialization—in Indonesia’s dynamic IP landscape. Our firm is widely recognized for its excellence, with accolades including “Best Boutique Law Firm in Indonesia” and “IP Enforcement Firm” at the Indonesia Law Firm Awards 2025 by Asia Business Law Journal, as well as being listed as a “Recommended Firm 2024 — Indonesia” by WTR 1000: The World’s Leading Trademark Professionals. For more information, please visit: www.affa.co.id.

[INDONESIA - URGENT UPDATE] The Latest Directive on Trademark Application Documents and Requirements Based on Minister of Law Regulation No. 5 of 2026 - AFFA IPR

【更新】2026年法務人権大臣規則第5号に基づく最新の商標出願書類および要件

Intellectual Property, TrademarkLeave a comment

当事務所の以前の記事「インドネシア最新特許規則の完全ガイド：法務大臣規則第6号（2026年）に基づく特許出願制度」を更新し、2026年法務人権大臣規則第5号に基づく最新の商標出願に関する必要書類および要件を改めて整理いたしました。 インドネシア国外に居住する商標出願人に対する出願要件は以下のとおりです： インドネシア国外に居住する出願人は、本人確認書類を提出する必要はありません。 出願人が会社・法人である場合、定款／設立証書／営業許可証／会社証明書を提出する必要があり、これらは現地での合法化手続を経たうえで、認定翻訳者によってインドネシア語に翻訳されなければなりません。これらの手続については、当方にてサポートすることが可能です。 優先権を主張する場合、優先権証明書の認証済み写しを提出し、認定翻訳者によるインドネシア語訳を添付する必要があります。 委任状（Power of Attorney）。 商標権所有声明書。   出願時に上記書類が提出されていない場合でも出願手続は進行可能ですが、商標庁より方式審査通知が発行され、通知日から2か月以内に不足書類を提出するよう求められます。   実体審査の期間 実体審査は迅速化されており、第三者からの異議申立てがない場合、最長30日以内に完了する可能性があります。一方、異議申立てがある場合は、最長90日以内に実体審査が完了します。   不可抗力（フォース・マジュール） 戦争、革命、暴動、労働争議、自然災害、またはこれらに類する緊急事態が発生した場合、出願人は、出願手続、優先権主張、名称・住所の変更、権利移転の記録、商標拒絶に対する応答提出など、各種手続における書類提出期限の延長を申請することが可能です。   本規則の施行日以降に提出されるすべての出願は本新規定が適用されます。一方、施行日前に提出された出願については、従来の規定に基づき引き続き処理されます。   インドネシアにおける商標登録および保護に関する新規則についてご不明点がございましたら、下記の連絡先までお気軽にお問い合わせください。15分間の無料相談をご提供しております。   📩 E-Mail : [email protected] 📞 お電話予約　 : +62 21 83793812 💬 WhatsApp : +62 812 87000 889   AFFAについて AFFA Intellectual Property Rightsは、1999年に設立されたインドネシア拠点のブティック型知的財産法律事務所です。国際的なブランドおよびイノベーターに対し、インドネシアのダイナミックな知的財産環境において、出願手続、ライセンス、権利行使、商業化に至るまで、包括的なサービスを提供しています。   当事務所はその卓越した実績により高く評価されており、Asia Business Law Journal主催の「Indonesia Law Firm Awards 2025」において「インドネシア最優秀ブティック法律事務所」および「IPエンフォースメント・ファーム」を受賞しています。また、WTR 1000（世界有数の商標専門家ランキング）においても「Recommended Firm 2024 — Indonesia」として掲載されています。   詳細については、以下のウェブサイトをご覧ください：www.affa.co.id