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Amendments to Trademark Laws

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Jun 24, 2014 (Newsletter Issue 10/14)
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Trademark Law Soon Amended

Trade marks in Indonesia are regulated by Trade Mark Law No 15 of 2001. But in the near future the Indonesian government will introduce several amendments as follows :

1) The Indonesian Trade Mark Office will expand the definition of a trade mark to include : three-dimensional marks, sound marks, holograms or combinations. At present, Indonesian Trade Mark Law can’t regulate these types of trade marks. This amendment will be done to harmonise with Singapore Treaty on The Law of Trademarks.

2) The Indonesian Trade Mark Office will make the time of trade mark registration shorter so it will take only 11 months from filing until grant.

3) The Indonesian Trade Mark Office will make a change to make the publication process the first step before doing the substantive examination. Previously, the Office conducted the substantive examination before the publication period.

According to this change, the Indonesian Trade Mark Office will publish the application for three months and then it will conduct substantive examination for up to six months. If there is no trade mark that has a similarity in principle or in entirety with other marks, the Office will grant the trade mark certificate to the applicant within 30 days.

4) A trade mark renewal may be filed six months before the expiry date, but there will be a grace period for trade marks of six months after the expiry date.

5) The Indonesian government will adapt ASEAN Economic Community (AEC) harmonisation and Japan Indonesia Economic Partnership Agreement (JIEPA). The Indonesian government will revise its Trade Mark Law to accommodate the international registration of trade marks based on the Madrid Protocol, that will be effective by December 2015.

The crucial amendment to trade mark law in Indonesia is about the Madrid Protocol. The Indonesian government hopes that this can improve the number of trade mark applications from Indonesia to the entire world. It is simpler and cheaper, particularly for small and medium enterprises in Indonesia, to file their trade mark to the other Madrid Protocol members.

Moreover, the Madrid Protocol is expected to increase foreign investment in Indonesia, as it will increase trade and investment opportunities especially between ASEAN countries.

Source: Am Badar & Partners, Indonesia