MARK LAW IN INDONESIA

Mark in Indonesia is regulated in Indonesian Law No. 15 Year 2001 regarding Mark. The application of mark registration is to be submitted to the Trademark Office, Directorate General of Intellectual Property Rights, Ministry of Law and Human Rights of Republic of Indonesia. 

The right of mark is an exclusive right that is granted by the government to the owner of the trademark or use the trademark or to permit another person to use it. A trademark is a word or words, a symbol, pictures, letters, a color composition or a combination of these elements that has distinguishing features. The trademark can makes the customer consistent with your trademark that the quality and integrity of the product or service from your trademark.

The definition of Mark as follows:

Mark shall mean a sign in the form of a picture, name, word, letters, figures, composition of colors, or a combination of said elements, having distinguishing features and used in the activities of trade in goods or services.

Trade Mark shall mean a Mark that is used on goods traded by a person or by several persons jointly or legal entity to distinguish the goods from other goods of the similar goods.

Service Mark shall mean a Mark that is used for services traded by a person or by several persons jointly or a legal entity to distinguish the services from other services of the similar goods.

Collective Mark shall mean a Mark that is used on goods and/or services having the same characteristics that are traded jointly by several persons or legal entities to distinguish the goods and/or services from others of the similar goods

Once a trademark is registered, it will last for ten (10) years computed retroactively from its filing date and it is renewable. A registered Mark shall have legal protection for a period of 10 (ten) years from the acceptance date of an Application, for which the protection period is subject to be extended.

An Application for extension shall be filed in writing by either the owner of the mark or his Proxy within a period of 12 (twelve) months prior to the expiry period of protection of the registered mark.

A registered mark shall have legal protection for a period of 10 (ten) years retroactive to the date of receipt of the registration of the mark concerned. Upon the request of a mark owner, the period of protection of a registered mark may be renewed for additional periods of the same duration as long as it is still being used.

Trademark renewal

Application for renewal may be lodged at any time, provided no earlier than twelve (12) months before the expiry date of the registration. Practically, no evidence of use is to be submitted however the applicant is required to assert that the applicant or its license still uses and will continue to use said registered trademark in the form of Statutory Declaration as above mentioned.

Filling Trademark renewal  are required to maintain the registration of a trademark. If you do not make these filing your trademark will be considered abandoned by the Indonesian Government and all of our registration right will be lost.

Keywords: # civil law #intellectual property #mark law

Short Review of Bankruptcy Law in Indonesia

 The Bankruptcy law in Indonesia of 2004 or Indonesian Law No. 37 Year 2004 regarding Bankruptcy and suspension of obligation for payment of debts law (hereinafter shall be referred to Indonesian Law No. 37/2004"), was written in order to achieve the attainment of a better development of Indonesia's legal system, due to economic crisis with Indonesia and debtors are struggling at the time to cope with their debts, besides all the development of economy and trade and the effect of globalization on the business world and the fact that the majority of the capitals obtained by the entrepreneurs comes from various sources, including banks, investment, issuance of bonds and notes or other legally permitted sources, have result in many debt-related problems among the society.  All these factors, plus others, requires a specific legislation to regulate such events.

The principle of the articles of this law, takes a few concepts that are used and deployed throughout the law and are as defined below in Article 1.

Article.1 of Indonesian Law No. 37/2004:

 (1). Bankruptcy shall mean general confiscation of all assets of a Bankrupt Debtor that will be managed and liquidated by a Curator under the supervision of Supervisory Judge as provided for herein;

(2). Creditor shall mean the person who has receivables from an agreement or a law that may be collected before the court;

(3). Debtor shall mean a person who has indebtedness for which it may be demanded to pay before the court;

(4). Bankrupt Debtor shall mean a debtor who has been declared as bankrupt with judicial decision;

(5). Curator shall mean the Orphan’s Chamber or an individual appointed by the court to manage and liquidate the assets of Bankrupt Debtor under the supervision of Supervisory Judge as provided for herein;

(6). Indebtedness shall mean an obligation that is expressed or may be expressed in monetary unit under Indonesian or foreign currency that exist now or thereafter or is contingent that is incurred from an agreement or pursuant to the prevailing law and must be fulfilled by the Debtor, failing which the Creditor becomes entitled to recover its loan from the assets of the Debtor;

(7). The court shall mean commercial court within public court;

(8). Supervisory Judge shall mean the judge appointed by the court in a bankruptcy judgment or suspension of obligation for payment of debts judgment;

(9). Day shall mean calendar day and if the last day of a period falls on Sunday or public holiday, the day shall mean the next day.

(10). Period shall mean duration of time that exclude the day on which the period commences.

(11). Person shall mean natural or corporate person including corporations in the form of legal entities or not in liquidation.

Another important definition, that’s not mentioned above, is about the creditors comittee. The creditors committee is and must be established by the district court in the bankruptcy declaration decision or by a later decision, this committee is temporary and consist in 3 (three) persons appointed from the Creditors known to him, in order to provide advice to the Curator (Article 79 Indonesian Law No. 37/2004).

Once exposed the following concepts,  we will  refer to the reasons that generate a bankruptcy petition and who are entitled by law to apply.

Intellectual Property RIghts in Indonesia

Following the conclusion of the TRIPS Agreement, much has been written on the potential costs and benefits of stronger Intellectual Property Rights (IPRs) protection in terms of growth and technology transfer, particularly for developing countries. Indonesia is a member of a WTO (World Trade Organization) and WIPO (World Intellectual Property Organization), and it is party to the main WIPO treaties, including Paris Convention, WIPO Performances and Phonograms Treaty (WPPT), WIPO Copyright Treaty (WCT), Trademark Law Treaty, etc.

As a consequence from the membership in the World Trade Organization (WTO), Indonesia shall adjust any rules and legislation related to Intellectual Property Rights with the Trade Related Aspects of Intellectual Property Rights (TRIPs) standards. As one of the evidences that Indonesia has put serious attention in protecting IPR, Indonesia has an authorized institution that manages the Intellectual Property Rights, namely Directorate General Intellectual Property Rights  under the Ministry of Justice and Human Rights of Republic of Indonesia.

Furthermore, the industrial property rights in Indonesia consist of:

• Copyrights as regulated on Indonesian Law No. 28 Year 2014 regarding Copyrights
• Patent as regulated on Indonesian Law No. 14 Year 2001 regarding Patent
• Trademark as regulated on Indonesian Law No. 15 Year 2001 regarding Trademark
• Industrial design
• Integrated circuit layout design as regulated on Indonesian Law No. 32 Year 2000 regarding Integrated circuit layout design
• Trade secrets as regulated on Indonesian Law No. 30 Year 2000 regarding Trade secrets
• Varieties of plants as regulated on Indonesian Law No. 29 Year 2000 regarding Plant Variety Protection

In Indonesia, appreciation towards intellectual property rights is still modest; therefore sometimes some people consider Intellectual Property Rights are not necessary. However, the Intellectual Property Rights are in fact useful to protect the businessmen from the possibility of unauthorized use of the rights. 

Keywords : #civil law #intellectual property