A somewhat awkward incident between two music legends, Deep Purple and Rhoma Irama, has given us valuable insight on music copyright
Donald Trump sued a legend person who solved the Watergate scandal in 1974, Bob Woodward. In this dispute, Donald Trump claims his rights to the copyright of the audiobook entitled "The Trump Tapes." So, how does copyright law regulate this problem?
Trademark disputes are often challenging. Most cases concern two similar Marks, in which common Trademark law norms dictate that one party must prove that their Mark is distinguishable from the other. This is often difficult to do, as there is no objective standard on what would make a mark too similar to another. A recent experiment offers a solution to this conundrum by applying a discipline that is perhaps foreign to legal experts: neuroscience.
Trademark is the most important asset for business. It will be a differentiator between your business and others. If the brand has good legal protection, customer trust and business profits will increase. That's why many well-known marks are very strict about protecting their trademarks. For example, the Rolex Oyster Perpetual which inhibit other company to use the word "Oyster" in its trademark. Visit the link in our bio to learn more about a trademark dispute.
Have you ever heard about digital copyright's license called Creative Commons?
ChatGPT is a chatbot that developed by OpenAI, it's using AI technology to operate. ChatGPT can produce works, primarily written works such as poetry, short stories, articles, etc. Can it be protected by IP law?
We will be attending 2023 International Trademark Association (INTA) Annual Meeting
YouTube content is a digital asset that can be a loan collateral. It's regulate in Law Number 24 of 2019 About The Creative Economy. In this regulation, YouTube content as a loan collateral can be called as Intellectual Property-Based Financing Scheme.
An understanding of IP is essential for digital creators to avoid future lawsuits. As we can see in the case of Hermes vs. Mason Rothschild, described how complicated the trademark dispute goes.
High on the spirit of National Press Day, The Speaker of the People's Consultative Assembly (MPR), Bambang Soesatyo has called for the government to formulate regulations for "publisher rights." This proposal has raised several questions, what exactly are publisher's rights? What could we expect if it were to be implemented in Indonesia? A brief look on how publisher's rights are enacted in Europe and Australia could give us on what to expect.
It's crucial for business owners to adapt to the digital world in all aspects, not excluding the protection of their valuable IPs. Here are four key challenges that must be understood in regard to IP and e-commerce.
The issuing of Decision No. W10-U1/2023 is set modernize IP litigation by integrating the e-Court program for IP related cases
2022 is a special year for Intellectual Property in Indonesia. This is evidenced by the Directorate General of Intellectual Property (DGIP) in Indonesia getting various achievements and exceeding the set targets. In 2022, the number of Intellectual Property applications in Indonesia is more than 257 thousand, which means this number has increased by 26% compared to 2021. The most applications in 2022 are for brands, namely more than 120 thousand applications, an increase of 16% from the previous year. This increase in the number of trademark applications in Indonesia means increasing public awareness about the importance of protecting Intellectual Property.
Adidas loses trademark battle as a jury in New York rules in favour of their opposition, designer Thom Browne
Local pharmaceutical company, PT. Pratapa Nirmala claims that Bayer's patent concerning treatments for Troemboli should not patentable
As we greet the New Year, join us as we summarize and celebrate the positives of 2022. Here were some of last year’s best offerings for Indonesian IP.
Two recent cases that involved two of the biggest names in combat sports have highlighted how complicated it can be to register a Trademark for a personal name.
AmBadar & AmBadar's inclusion in AsiaLaw Recommended list for 2023
Most entrepreneurs and professionals realize the importance of Intellectual Property, but some might still be unaware of the importance of IP Consultants. Here's why they are important.
A trade secret is a part of the Intellectual Property Rights system because a trade secret is a right that has economic value and can make a company gain profit, thereby supporting business activities. One example of a trade secret is information about certain food recipes used by restaurants in making their food. The Trade Secret Law states that Trade Secret Rights can be transferred or transferred by inheritance, grants, wills, written agreements, or other reasons justified by laws and regulations. This article also explains the difference between the Transfer of Trade Secret Rights and Licenses.
Currently, music piracy not only penetrates physically in the form of CDs and DVDs but has also penetrated the digital realm. According to the Minister of Trade of Indonesia, Gita Wirjawan, the potential loss of the Indonesian music industry due to piracy reaches IDR 4.5 trillion per year. If the value of music consumption per person is IDR 20,000 per year, the potential value of music consumption reaches IDR 5 trillion per year. One solution to tackling music piracy is by digitizing music from CD and DVD physical media into digital form. Apple has taken this step by establishing iTunes and Google, which has established Google Play, which provides a legal means of buying digital music.
Can a company recoup damages based on foreign sales? A recent trademark dispute between companies from different countries might soon shed new light on territorial trademark issues.
Artificial intelligence, also known as artificial intelligence (AI), is a development in information technology currently booming and getting world attention. Tech activists are increasingly incorporating AI into programs that can understand human behaviour and provide answers that make life easier for humans. The newest capability that AI can produce is that AI can create new inventions and innovations in the technology field. This intelligence from AI raises new questions in world patent protection regulations.
Like in many countries, the history of Intellectual Property protection in the United States was a long process that reveals the characteristics of a nation and her people. Some of the "Founding Fathers" have had their respective brushes in establishing national IP legislation. First US President George Washington called for it, the succeeding Jefferson was initially skeptical, but it was the fourth President, James Madison who laid the key bricks to modern IP protection as Americans know it today.
In the era of the industrial revolution 4.0, companies can reach potential customers around the world using the internet. However, this technological development is widely used by irresponsible persons to sell counterfeit goods and even trade using world-renowned brands. Therefore global brand protection must be the centre of law.
The Italian fashion model company, Gucci, had to accept their defeat over the lawsuit they filed against a local Japanese brand, Cuggl. Cuggl is a Japanese fashion brand created by Nobuaki Kurokawa and based in Osaka. This brand is known for its trademark, designing parody shirts from well-known brands at affordable prices. This case started when Gucci sued Cuggl for designing clothes that had a logo resembling the Gucci brand. The Cuggl logo with a font similar to Gucci's and the bottom half of the logo covered in paint can confuse consumers so that consumers may think that the product is a product of the Gucci brand. Because of this, Gucci filed a lawsuit to cancel the ownership of the Cuggl trademark to the Japanese Patent Office (JPO). After going through a long process, the Japanese Patent Office (JPO) finally decided to reject the lawsuit filed by Gucci. JPO considers that Gucci and Cuggl are two brands that have different concepts in terms of visuals, phonetics and conceptually so that customers will be clear in differentiating them. Even though the trial was over with the rejection of the lawsuit from Gucci, it is reported that Gucci is not just silent and plans to make an appeal.
Bill Nye "The Science Guy" has long been one of the biggest ambassadors of science in the entertainment industry. His popularity and celebrity status might cause audiences to believe he was merely an entertainer with no scientific background. This cannot be further from the truth-- here are some of his innovations.
The World Cup in Qatar 2022 offers unexpected surprises. Especially in terms of technological progress. At the 2022 Qatar World Cup, several technological sophistications were exhibited. This World Cup will feature 64 rounds of games and as many as 32 participating countries and will be the last world cup to use a system with 32 participants. This biggest football competition will take place from 20 November to 18 December 2022. Undoubtedly, many spectators will gather to watch this ball party. Intellectual property (IP) is one of the things that gets the most attention in the quadrennial football competition event that is currently being held in Qatar. The main reason is that it has many ornaments/intellectual property components. Some of them are Patents, Trademarks, Industrial Designs, Trade Secrets and Copyrights.
Registering a Trademark in Indonesia is very easy. This article explains why you should register your Trademark in Indonesia, the easy steps to take, and tips so that your Trademark will be accepted. Why Should Your Trademark Be Registered? As a developing country, Indonesia has become an export destination for developed countries in marketing their goods and services. With an average of 8,500 submissions for new trademark registrations per month from home and abroad, businesses from Europe, America, Japan, China and Korea are competing fiercely with local companies to get protection for their brands in Indonesia.
Should the general public know more about Intellectual Property? How important is it to teach IP to our children? These are some of the intriguing questions raised by the recent appointments of Guru KI (IP teachers) by the DGIP
With the massive success of the automatic approval recordation system for Copyrights, simply known as "POP-HC," the Directorate General Intellectual Property (DGIP) is now set to release a similar program for Trademarks.
At the Paris Fashion Week event some time ago, Kanye West drew controversy because he wore a shirt that read 'White Lives Matter'. It became controversial because the slogan contradicted the slogan 'Black Lives Matter’, which had become a decentralised political and social movement to fight racism, discrimination and racial inequality. The Trademark 'White Lives Matter' in the US is legally owned by two Civic Chipper radio broadcasters: Ramses Ja and Quinton Ward. They were the ones who prevented Kanye from selling T-shirts with that slogan. This case is still a hot topic of discussion in the US. Can a registered Trademark be used by anyone else’s brand? What penalty for using someone else's brand?
We are proud to share this valued acknowledgement by China IP Magazine
James Earl Jones has reportedly sign of the use of his voice to Disney. Ownership concerning one's voice, as well as other likeness including name, face, etc, falls under the realm of Image Rights. What exactly are Image Rights? What does it constitute? Is it a form of IP?
The music industry has had a difficult transition into the digital era as issues concerning royalties and piracy remain rampant. To tackle this, Sandiaga Uno prepares a platform called "Portamento", designed to help the management of music royalties.
Alfred Nobel is one of the most divisive figures in recent history. Some might choose to remember him as the man who brought innovation to explosives, thus forever revolutionizing construction, arms, mining, and many other industries. Of course, he was also the originator of the Nobel Prize, which has done wonders in awarding and encouraging the progress of knowledge. From strictly this perspective, one might deem Alfred Nobel as a complete angel, but there is also a school of thought who has condemned him as the perpetrator of many deaths, due to his work in advancing weaponry. Regardless, it’s hard to deny that Alfred Nobel has left a massive imprint in modern society. In honor of his birthday, let’s unravel this monumental figure.
Intellectual Property Protection can safeguard many things, from the foremost step of manufacturing, i.e., the production of ingredients and creation of recipes, to the last stages, such as labeling, marketing, and branding of the final product. So, how much IP can you find in a box of Pizza?
The United Nations General Assembly has declared October 13th to be “International Day for Disaster Reduction”, as an effort to encourage governments in building disaster-ready infrastructure, while also raising awareness for the general public in handling disasters. As Partners might know, many patents or inventions have been created as a result of, or to deal with, urgent situations, including natural disasters. In honor of Day of Disaster Reduction, here are five noteworthy disaster related inventions
Intellectual Property (IP) has become an important part of companies. Patent protection is a "friend" for technology companies that innovate; Copyright has also become crucial for companies, especially ones that produce designs and content. Or the most fundamental example: the brand of a company must also be protected because it consists of all Intellectual Property that is protected.
October did not start well for Nadiem Makarin and Goto. They are (again) accused of IP infringement by Hasan Azhari, who claims to have originated online-based taxibikes businesses.
“We have essentially no patents in SpaceX”, said Elon Musk in his an interview in 2017 which gave hints on SpaceX strategy to use the trade secret route to protect its core technology. So if not the core technology, what type of inventions SpaceX is protecting through patents?
Trade Secrets are an essential part of the market. Because of its value, its no wonder that dispute between companies regarding Trade Secrets isn't a rare occurrence. Here are a breakdown of infringements as stipulated in Indonesian Trade Secret Law.
Since 2009, the World Federation of the Deaf (WFD) has declared every last week of September to be “International Week of The Deaf”. This is an effort to provide a much needed boost for awareness on deaf issues. Society has the unfortunate tendency to neglect the weak and disabled, and rob their right to live a life of dignity and opportunity. However, it’s also important to note that a disability is not a curse, and many of the deaf and hard of hearing have left tremendous contributions to history. Here are some of those extraordinary figures
Google is not just a data search site. Google is a trillion-dollar company that owns Android, the operating system used by millions of people, and YouTube, a video-sharing-based social media that can pay its users to earn high incomes and never stop using it. YouTube has become the next search engine when most people need a visual reference to solve various problems. From finding references for products to learning many things, including important lessons and the latest, in this rapidly changing era.
The signing of Government Regulations No. 24/2022 has provided system to support IP-based financing-- potentially opening up new opportunities, especially for the creative industry. However, the implementation of the regulation might face some challenges.
Mencuri Raden Saleh, directed by Angga Dwimas Sasongko, was officially released in Indonesian cinemas on August 25, 2022. It boasts a cast full of young talent, including Iqbaal Ramadhan, Angga Yunanda, Rachel Amanda, Umay Shahab, Aghniny Haque, and Ari Irham as students from different backgrounds albeit with a common goal: to steal the priceless painting “Ein Historisches Tableau, die Gefangennahme des Javanischen Häuptings Diepo Negoro” or "The Arrest of Prince Diponegoro" by Raden Saleh Syarif Bustaman (1814-1880)-- kept at the Presidential Palace of the Republic of Indonesia Yogyakarta. In regards to paintings, the Intellectual Property discipline related to it is Copyright. Copyright is a form of appreciation for works that encourages creators to continue creating.
The ViVO gas station has recently garnered attention, primarily for providing relatively lower costs amidst rising gas prices. Moreover, some might wonder if ViVo, the gas station, has any relation with ViVO smartphone that shares not only the same name (along with the stylized “i”) but also experiences in Indonesian price wars.
On September, 1886, the Bern Convention was signed and subsequently ratified by its member states. This marked a crucial moment in the history of copyright protection. This article discusses how exactly the Bern Convention shaped modern copyright law.
Applying for a trademark registration could be a difficult thing if you're ill prepared for it. Make sure to be aware of these things before you send out you application.
Being a patent inventor does not have to come from academics or scientists. Because the process of finding patent inventions sometimes comes from creativity or need that is often used or considered necessary by the inventor himself. One of them is an invention related to the need for action from the King of Pop, Michael Jackson.
In the creative world, there is no "avoiding criticism". Every individual, upon witnessing creation, will have their own opinion about it. Therefore, it's safe to say that where there is creation, there will be critique.
A new wave of influencers has taken over social media, with a more cutting-edge look appealing to younger generations. Digital influencers, also known as virtual humans, are the newest addition to the world of social media marketing. In 2018, Koichi Kishimoto and Takayuki Moriya teamed up to create a new creative-based form of intellectual property (IP). The pink-haired virtual girl called imma is Asia’s first virtual human. Her name was appropriately inspired by the Japanese word for “now.” She has grown a cult-like following with over 350,000 followers on Instagram and over 250,000 followers on TikTok.
What is a Trademark? Trademark is your brand’s identity. It can be argued that Trademark can encourage one's business activities, as long as the Trademark is “managed” properly. Using the word "manage" when talking about Trademark is a bit odd. After all, Trademark is not a living thing that can move on its own to help business, so what does "manage your Trademark" mean?
During and around 17th of August, Indonesian everywhere would play National Songs to commemorate independence day. These songs have been used to ignite a sense of pride in Indonesians for decades. However, it has been alleged that some of these songs were products of plagiarism. Is this true?
Scouts are known to uphold positive values such as courage, humility, team work and resourcefulness. However, one case from America proves that even scouts could get involve in disputes
Art is a human creation with a certain feeling of abstractness to it. It is a physical form of the artist's subjective mindset, idea, and perspective, which is shown to the public.
A mark can be any sign or combination of signs capable of distinguishing the goods or services of one individual or enterprise from those of another. The sign generally comprises words, names, numbers, symbols, or a combination of these elements.
Today, Indonesia commemorates "Harteknas" or the National Technology Awakening Day. Harteknas is rooted in a historic moment in Indonesia technology; N-250 Gatotkaca, Habibie's masterpiece, first took flight on this day in 1995 in Husein Sastranegara Airport, Bandung. This event brought a tremendous source of pride for the Indonesian people--
Henry Ford was a businessman and industrialist that is widely credited for making the automobile accessible to the general public. Here are a few of his highly impactful innovations.
Recently, news has been circulating that Baim Wong has applied trademark registry for "Citayam Fashion Week", leading many to claim that that he is "stealing" CFW from the public. Is this valid? How does trademark registry work?
Last June, The Directorate General of Intellectual Property announced that Bali will be pilot project for a program called "IP Tourism". This program is intended to build an IP based ecosystem in tourism sector. What exactly does this mean? How could IP support the tourism industry?
A mark can be any sign or combination of signs capable of distinguishing the goods or services of one individual or enterprise from those of another. The sign generally comprises words, names, numbers, symbols, or a combination of these elements.
The latest Thor film has once again brought Norse mythology into the limelight. We wonder, is Thor a mythological being from ancient Norse mythology, or is he a fictional character owned by Disney? Could we copyright characters from mythology and folklore?
Industrial Design is part of the Intellectual Property family; it is no less unique than the other forms of IP. As we know, aesthetics play a role in attracting consumers/buyers. Adding to the product's functionalities will surely cement the product as the kind people would buy and use. That is why should an idea for a unique and valuable design ever cross your mind, your next move must be to apply for registration.
In certain jurisdictions, legal protection for marks can be gained by registration and/or usage of such marks. As a result, marks are protected by two legal systems: a constitutive system based (first-to-file) and a declarative system (first-to-use).
Inexperienced entrepreneurs might underestimate the power of a strong design, but in reality, visuals could be the deciding factor in market performance. The following are four ways industrial design could help product marketability, as well as examples from major brands.
Picture the word 'Trademark', what exactly appears on your mind? Typically, you'd be picturing images, writings, colors, etc. A visual existence that can be seen and used by the Trademark's owner to market their product.
Hundreds of foreign nationals from other countries open new enterprises in the United States every year. The US government appreciates this trend and acknowledges that the appearance of foreign enterprises, one of which is from Indonesia, has helped create jobs for its residents while also increasing the country's economy.
Covering World Industrial Design Day, which celebrates innovative designs, their creators, and industrial design itself a discipline.
Trademark is an essential component in all areas of business. It may have a significant influence on sales. A well-known trademark may advertise a product or service that reflects the company and gives a competitive advantage. Due to the fame and good reputation of a trademark, there is a potential that certain parties can commercialize the brand. This article will discuss the legality of selling brands in Indonesia.
The release of the long-awaited sequel of Top Gun (1986), Top Gun: Maverick, has taken the world by storm. The movie caught the attention and interest of different generations, young or old. However, among the many good news, there appears to be one unfortunate news.
Concerning history behind Samuel Morse's invention of the electric telegraph, as well as it's profound impact on the world.
Trademark as the identity of a product is one of the things you must prioritize when marketing your product. Especially if the Trademark in mind is unique or impressive. Because Indonesia adheres to the first to file system, Trademarks should be registered immediately before other parties who have the same idea registers.
World Refugee Day was declared by the United Nations ("UN") on June 20. This day commemorates the bravery and resilience of people forced to flee their home countries due to conflict or oppression.
Risks always follow a business. The bitter truth is that regardless of how confident we are of our business or product, there’s always a chance that it will fail. Factors such as market competition, technological developments, internal conflicts and so forth, have potential to destroy the lives of entrepreneurs. Furthermore, as we all know, a business is nearly inseparable from a trademark, as sellers would need marks to help differentiate themselves from their competitors. Thus, questions emerge: What happens to trademarks or brands of dead products? Are these “zombie brands” of any use?
The debut of Stranger Things Season 4 is a long-awaited culmination in Netflix history. The series gives a nostalgic experience set in an 80s atmosphere. Furthermore, the characters can give their charm to the audience. Some companies see this enthusiasm as a prospect of monetizing intellectual property. Monetization is intended to optimize sales from current brands and collaborate with Stranger Things, either by releasing new products or adding some limited edition ones.
De-extinction is the process of generating an organism that either resembles or is an extinct species. The prospect has intrigued some conservationists for the various benefits they believe it offers, such as the restoration of certain biomes, academic research opportunities, advancements in medical technology, and so forth. Setting aside the infinite scientific and moral questions concerning de-extinction, there is also an interesting discussion to be had concerning its patentability. Could extinct animals be patented? Is the process of de-extinction different from other genetic engineering methods that is commonly patentable?
Garuda Pancasila, the people of Indonesia are already familiar with the symbol. The image of the Garuda bird facing left with symbols placed on its chest area, holding onto a piece of ribbon with ‘Bhinneka Tunggal Ika’ written on it. That is our country’s emblem.
A device named "Nikuba" could allegedly convert water to fuel for motor vehicles. Could this bring about the future of alternative energy? or is this false hope? is electrolytic hydrogen the future?
The history behind the discovery of penicillin and its development into a world changing drug
To combat the distribution of counterfeit Korean pop ("K-Pop") merchandise, the internet market has been closely monitored since February 2022. The Korea Intellectual Property Office, in collaboration with the Korea Music Content Association and entertainment firms, conducts this surveillance.
Discussing the case between the developers of League of Legends and their suit against the developers of Mobile Legends
The story behind the unique copyright status of Peter Pan
Animation, the ever evolving part of the entertainment industry in the form of moving images that keeps gaining popularity. The animation industry is capable of giving huge amounts of profit to countries if handled properly. We can take the Japanese animation industry as an example of what is considered a successful animation industry.
Discussing the trademark registry for a war slogan that originated from the Snake Island attack by a Russian warship, and it's hypothetical registry in Indonesia.
Kartini Day is commemorated on April 21st by the Indonesian people. Celebrating equal rights for women in the spirit of Raden Ajeng Kartini Djojo Adhiningrat, who was born on April 21, 1879 in Jepara.
The Batman is currently sweeping theatres, threating long time fans to a thrilling detective mystery where The Dark Knight has to solve a killing spree orchestrated by the mysterious Riddle. However, did you know that the story behind the creation of Batman is just as intriguing?
According to Kim and Cho's journal "A content study of advertising transitions: Impact of brand name, persona, and appeals", brand name has a correlation with the reputation possessed by a brand. The portmanteau technique is one of methods to ‘expand’ the company’s business.
five examples of notable trade secrets in the food industry.
McDonald's officially announced the closing of all of its outlets in Russia on March 8, 2022. This decision resulted in a rather long line at numerous McDonald's locations around Russia. In response to this occurrence, a pianist from Russia self-cuffed himself in front of a McDonald's outlet.
Entering the month of Ramadhan, the theme of Sharia Law or Islamic Law began to be discussed quite a lot. The religious atmosphere during the fasting month which is celebrated by all Muslims encourages increased interest in learning all about religious topics, especially Sharia law, which is often used as a reference for Muslims on how to behave and carry out activities according to the Qur'an and Hadith.
Biography of Temple Grandin, an autistic woman who invented revolutionary farming tools and systems
Rizki Rahmahadian Pamungkas, popularly known as Pamungkas, an Indonesian musician, has been accused of plagiarism for his new single, Birdy, which was released on January 28, 2022.
Have you ever thought of taking a holiday trip to Paris? The French City is one of the most popular holiday destinations. Starting from the aesthetic of the city, to its history, everything about the city dubbed “The City of Love” succeeds in inviting tourists from all over the world.
The Office of the Royal Society Thailand (ORST) declared on February 15, 2022, that Thailand has changed the name of its capital from Bangkok to Krung Thep Maha Nakhon. Krung Thep Maha Nakhon directly means “Great City of Angels.” Thai people, on the other hand, abbreviate it to Krung Thep in daily conversation.
The Indonesian Halal label authorized by the Halal Product Assurance Administration (“BPJPH“) entered into force nationally in March 2022 with the Decree of the Head of BPJPH Number 40 of 2022. Meanwhile, the Indonesian Ulema Council’s (“MUI“) halal label has been formally revoked and is no longer being applied progressively. The Minister of Religion of the Republic of Indonesia, Yaqut Cholil Qoumas, disclosed the change in the halal label.
Albert Einstein may be best known for his theoretical work, namely his discovery of the theory of relativity and his contributions to the theory of quantum mechanics, but did you know that he also owned patents? Here are some of his most notable and interesting inventions
On February 28 to March 8, 2022, 10 (ten) local Indonesian brands participated in a fashion show in Paris, France, including Scarlett, MS Glow, DEKRANASDA, 3Second, La Sabelle, Chayra, Brand No Brand, Greenlight, Shade Signature, and Geprek Bensu.
Why do most international organizations and governing bodies, such as the Olympics, use the term table tennis instead of ping pong? Read the article to find out more
Metaverse gained popularity after Mark Zuckerberg renamed the parent firm Facebook to Meta and established Metaverse. Metaverse is a multi-user virtual reality suite that seamlessly blends physical reality with the digital world.
One of the reasons a party files a patent is to gain exclusive rights in order that its innovations are not exploited by others. However, since the patent registration procedure is prolonged, these registration application materials occasionally leak or slip into the hands of third parties. Even if the application procedure is an inevitable starting step, this is obviously highly adverse to the Inventor and Applicant as a candidate for a patent recipient.
Despite the collective hardships suffered due to continuing global pandemic, 2021 saw numerous interesting innovations emerging from all corners of the world. We may not know how long this condition will last, but this doesn’t mean that the people should refrain from creating and innovating. Join us as we recap a few important developments, cases and inventions in the field of patents.
What is traded in NFT? How does it work? What are the implications of NFT for intellectual property law?
Instagram Stories are one of the perfect features for business content marketing. Even though it only lasts for 24 hours, Instagram Stories are an excellent feature for running promotions. According to Business Insider, more than 200 million people use Instagram Stories every day. This means this one feature is an ideal place for promotion. This music feature is also usually used as an addition to promotions carried out by business people on Instagram. But can the use of music for commercial posts such as advertisements for online shops be categorized as copyright infringement?
Indonesia's trademark laws are relatively new, regardless, the history of Indonesian trademark laws has gone through a number of key stages.
In the previous article, we discussed the legality of parody in the realm of copyright law. In this article, we will discuss parody in the realm of trademark law. Parody is not only done on creations, there are also many sellers who use parody of well-known marks so as to give a humorous impression of the mark, and can also be one of the marketing methods to increase profits. As an example the well-known mark “ANGRY BIRDS” which was parodied as “ANGKRY NGAN” or the well-known mark “ADIDAS” which was parodied as “AINDA” and “ADIMAS”.
According to Article 2 paragraph (1) of the PVP Law, it is stated that the varieties that can be given PVP include varieties of novelty, unique, uniform, stable, and be named
Throughout history, merchants have always had a habit of leaving distinguishing marks on their product. How did this practice develop into modern trademarks as we know it today? And how did the idea of trademark protection come about?
Art can come in any form, including sneakers. Therefore, sneakers, like any other form of art, can convey a message or a statement. Such is the background of Ari Menthol 10’s
The Indonesian government has made efforts to improve this agricultural sector, to obtain good seeds so that the yields are higher, of course, at a lower cost. One of the ways to obtain such seeds is by research and discoveries made by "breeders" to create new plant varieties that are superior to the previous ones. Thus, in order to increase the interest and participation of individuals and legal entities to carry out plant breeding activities on inventing new superior varieties, plant breeders or plant variety protection rights holders need to be given certain rights and adequate legal protection for these rights.
Covering the many issues concerning royalties with music streaming platforms
In the last few weeks, the entertainment industry has become colorful with the emergence of Warkop which presents the legendary style and music of Warkop DKI (Dono, Kasino and Indro). Similar to Warkop DKI, Warkop also consists of three youths: Alfin, Sepriadi and Alfred. Their style is imitating Warkop DKI which later made the name Warkop even more famous.
A discussion on the IP classification for batik
Discussing the reasons why industrial design rights aren't extendable
Intellectual Property Rights are a form of right which are obtained by the process of thought in order to produce products, services, or processes which will be useful for the public. It is the right to economically enjoy the fruits of someone's intellectual and creativity. In terms of benefits, Intellectual Property that has been registered will then give the creator or inventor the exclusive right to utilise their creation/invention in ways they see fit, of course those ways have to be within the borders of applicable laws.
In continuation of our last article on Understanding Patents in a Simple Way, let's go over the distinction between patents and simple patents.
From the data officially released by the DJKI on the pdki-indonesia.dgip.go.id website which can be accessed by the public, it can be seen that the growth of trademark registration continues to increase. Even in 2020 when we have entered the Covid-19 pandemic, there is still 9.43% growth.
Both brands are from different countries. One is known as an underwear manufacturer, the other is a well-known polo shirt. Or maybe do you think they are the same?
The action began in 2019 when Nokia sued Lenovo for claimed violation of 20 video coding patents which produced video compression technology utilized in Lenovo laptops and tablets. These incidents occurred in the United States, Brazil, India, and Germany.
Turned, licked, dipped, who is unfamiliar with this jingle? OREO, the dark colored biscuits with vanilla cream filling is quite special. The biscuits were produced by Kraft Foods and distributed in Indonesia since 1960. The fame and success of these biscuits encouraged other entrepreneurs to produce similar products with the aim of getting the same success, which in the end became a challenge for Kraft Foods as the creator and owner of the OREO trademark.
Who here isn't familiar with Coca-Cola? The carbonated soft drink brand can be found in almost every place, from hypermarkets, fast food restaurants, beverage vending machines, to roadside stalls. Until now, Coca-Cola has been marketed in more than 200 countries in the world. But did you know? Coca-Cola has apparently changed its brand logo more than 10 times!
You must be familiar with Fried Chicken Restaurant NY. SUHARTI if you are a foodie. This Fried Chicken Restaurant NY. SUHARTI, has been in Indonesia for over 30 years and is well-known for its fried chicken and sauce. Did you know that the name "Suharti" is used by two restaurants?
Action figures are small figures (superheroes, movie characters, etc.) made of plastic or other materials, which are used as toys or collectibles. However, does the making of a character's action figure require a license? Read more
Today's daily necessities are easier to find, both online and offline. For Partners who have a hobby of shopping malls, they are certainly familiar with the Uniqlo, Miniso, and Usupso brands. They are all retailers with a Japanese feel.
Many designers produce their work by using unique fonts (typography) to convey messages in their work. Font selection aims to attract the attention of people who see their works. Some products or brands, use unique fonts so that people may quickly remember the logo. A designer usually looks for fonts on the Internet, then they visit a website providing a variety of fonts. However, what is usually not considered when choosing the desired font is the status of the fonts.
On March 22, 2021, PT Gudang Garam Tbk filed a lawsuit for the cancellation of the trademark owned by PT Gudang Baru in the Surabaya district court. Previously, PT Gudang Baru was sued in 2012 and lost in the trial. However, PT Gudang Baru did not want to give up its trademark, so PT Gudang Garam sued PT Gudang Baru for the second time.Who is the winner of the second round trial between Gudang Garam vs Gudang Baru?
TikTok is one of the most popular apps this year with over 1 million downloads on the Apps Store and Google Store. Lately, the most popular content on the TikTok application is film content which is divided into several sections. But did Partners know that uploading footage on TikTok can be punished?
Every April 21 we commemorate it as Kartini's day to honor and commemorate the struggle of R.A. Kartini as a pioneer of women's awakening in Indonesia. R.A. Kartini struggled so that women have equality with men, especially in the field of education. Apart from his struggles, one thing that cannot be separated from the story of Kartini's struggles is a book entitled "After Darkness, Is the Light," which is interesting for us to discuss, because it is an object of intellectual property.
The increasing growth of motorized vehicles does not only happen on cars in different marks and types, however it also happens on cars in the same type, but from different marks. For example Avanza & Xenia, Rush & Terios, Agya & Ayla, etc. Fortunately, all these cars are produced by Toyota and Daihatsu, besides, there are also many “similar but different” products from Nissan, Mazda, or Mitsubishi. Why did it happen? Are there piracy practices here?
The 3rd President and 7th Vice President of the Unitary State of the Republic of Indonesia, who is familiarly called BJ Habibie or Habibie, born in Pare-Pare, South Sulawesi, has shown intelligence and high enthusiasm for science and technology, especially physics since he was young.
Who doesn't know Ernest Prakasa? A stand-up comedian, actor, writer, presenter, and director from Indonesia. Ernest started his career by participating in the Stand Up Comedy Indonesia event, then at various events, Ernest then penetrated the Indonesian film industry. There are many movies directed by Ernest Prakasa namely, Ngenest, Cek Shop Next door, Milly & Mamet, Imperfect etc. What's more, Ernest has also succeeded in entertaining Indonesian film lovers with the series that he has directed.
To get more profit from the films produced, usually film studios make merchandise related to the movie. Who doesn't know the Transformers movie, this movie is liked by adults and children alike because of its exciting and thrilling. Apart from the movies, transformers are also favored by children because of the merchandise in the form of action figure toys. It is not uncommon for us to see collaborations between transformers and other clothing and toy brands. The question is whether the movie title gets copyrighted?
Parody is one of the works which entertained the public since of the "comedy" impression in it. Basically, parody is understood as the art of expressing something with criticism and ridicule or, giving comments using the work of others, whether taking snippets of films, poems, songs, novels, advertisements or an event that is currently famous in society with humor. Parody based on the Indonesian Dictionary (KBBI) is a literary or artistic work that deliberately mimics the style, the words of the writer, or other creator with the intention of looking for the effect of humor.
In making a film, funding is the most important thing, because all production activities require funds. To support these intellectual property rights, a good chain of title is needed. chain of title is a series of documents that establish ownership rights in a film. Chain of title is very important for film buyers and film distributors, because the document establishes the correctness of the owner's rights (or rights under a license) to intellectual property in the film, book, or encyclopedia. Chain of title is a very valuable asset, because without a clear chain of title, selling film properties becomes difficult. Everyone involved in the production of making a film has their respective copyright, such as actors, producers, scriptwriters and others. Creating a clear chain of title can increase the opportunity to raise funds for film production and distribution.
Technology is the main weapon in filmmaking. Good films are usually supported by qualified technology, such as cameras, lighting, sound and special effects. The combination of various kinds of technology will create an extraordinary creation or work. Along with the times, technology in filmmaking has also developed, so that the edits and images look more realistic and clear. But did you know that this technology can be patented?
Making a film usually begins with making a script. The script in a film or what is often called a scenario is a blueprint written for a film or television show. Scripts are usually written by a team of scriptwriters made in the form of original preparations (new works) or adaptations of existing writings such as novels, dramas, or comic books.
Who doesn't know superheroes like superman, batman and spiderman. The superhero is a fictional character created only for the benefit of comics and films. Quoted from wikipedia " A fictional character is a person, persona, identity, or character that comes from a work of fiction". These fictional characters have enormous economic value for film and comic companies. But is there a law that regulates the protection of creating fictional characters?
In modern times, memes are quite popular among all circles, but what do memes actually mean? A meme is an idea, behavior, or style that is passed from one person to another in a culture, usually as an image. Memes are used to share experiences, express thoughts and to create entertainment using text, images and videos. But have you ever thought that creating or distributing memes could be subject to copyright infringement?
Social media is a platform that is very popular with all people in Indonesia. Almost everyone has a social media account and uses it every day. There are many benefits that we can get from using social media, apart from entertainment, many people use social media for their business, some even use social media for their livelihoods. Because being a content creator is considered cool by young people, many young people today aspire to be content creators, such as Celebgram, YouTubers or TikTokers.
Counterfeit products are imitation products that are made as closely as possible from the original product. With the increasing need for public consumption, counterfeit products are very popular because by buying counterfeit products we can buy products that are similar to well-known brand products at low prices even though the quality provided is still far from it of the original product.
People in Indonesia must be familiar with McDonald's. McDonald's is a fast food restaurant that was founded in America. Itsgood taste, affordable and fast service make this restaurant popular among people all over the world. Behind the success of this restaurant franchise, it lies a tragic story behind it. The following is a story about the founding of McDonald's and the lessons we can take from this story.
Grand Indonesia Mall was found to have breached Copyright because it utilized a sketch of the welcome monument as a logo without the authorization of the Copyright owners, particularly Henk Ngantung's heirs.
Patent Pooling can be defined as an agreement between two or more patent owners to license their patent to one another or to third party. The agreement is a License Agreement. Frequently, Patent Pooling is linked to complex technologies which require a complementary to provide an efficient technical solution. Generally, Patent Pooling covers a mature technology. Patent pooling also represent basic industrial standard that supplies companies with a required technology for developing a compatible products and services. In that case, they often provide more attention to an under developed technology.
Based on the above provision, it can be clearly seen that a trademark is a sign which has a function to distinguish product produced or sold by one producer from another. Trademark is a unique identity or identifier of a product, thus one of the requirements for a trademark to be registered is the mark must have a distinctiveness. As regulated in Article 20 of the Trademark Law which states that a mark cannot be registered if it does not have distinctiveness. Distinctive of a trademark is the ability of trademark to identify the source of goods in order to distinguish between goods and services
On December 7th 2020, Indonesian government through Directorate General of Intellectual Property (DJKI) signed a Memorandum of Understanding (MoU) with Denmark Patent and Trademark Office (DKPTO).
Making a creation and putting it in on a platform like YouTube has become common. At this time, many people can achieve a success through this pathway. Starting from gaming creator content, talkshow, live streamer, or music creation. Discussing about music, Anji, as one of Indonesian musician, discussed the current crimes that are still happening in digital music industry.
Pursuant to the Article 1 point 5 of Indonesian Law No. 20 of 2016 on Trademark and Geographical Indication, Trademark Right shall mean an exclusive right granted by the State to the owner of registered Mark for a certain period of time to exclusively use such Mark only for him/her or to grant license to other parties to use such Mark. Referring to the said meaning, the trademark owner has fully right of his/her trademark including to forbid other parties in using the trademark or the trademark which is considered having a similarity in essential or entirety to his/her trademark.
Common word can be filed as a mark as long as it has distinguishing elements from other marks. This is in accordance with the regulation of Article 22 of Law No. 20 of 2016 regarding Trademark and Geographical Indication that “For Registered Mark that subsequently becomes generic name, each Individual may submit Mark Application by using the referred generic name with addition of other wording, as long as there is a differentiating element.”
What is a substantive examination? According to Article 23 Paragraph 1 of Law No. 20 of 2016 regarding Trademark and Geographical Indication, a substantive examination is an examination carried out by the Examiner to application for registration of Mark.
In relation to the corona virus pandemic (COVID-19), Oxfam International Non-Provit Organization which is consisted of some organizations in a world and was founded in 1942 in Oxford, insists policy makers and global pharmaceutical companies to release patents for the COVID-19 vaccine and with low production and distribution costs.
Intellectual Property is categorized as intangible assets having economic value. It means commercially the intellectual property can be assigned, resold, or licensed. Therefore, actually the intellectual properties are valuable assets and also become particular sources of financing for macro or micro companies.
The expert of coding and Indonesian telecommunication from Technology Institute of Bandung (ITB), Dr. Eng. Khoirul Anwar reveals the greatest course at the time of learning holy Quran and hadist in his research. The professor owning 8 (eight) international patents in telecommunication field admits getting inspiration from Quran and Sunnah in discovering basic theories for 5G and 6G technology.
After running approximately 10 years, Unilever PLC as the party who filed an invalidation lawsuit against the trademark “Nivea Blue Color Pantone 280 C” in the name of Beiersdorf AG decided to stop and withdraw the said invalidation lawsuit. This withdrawal of invalidation lawsuit shows that Beiersdorf AG as the proprietor of registered trademark still has an exclusive right of trademark Nivea Blue Color.
A trademark application cannot be registered due to many reasons, i.e. if the said application contradicts with the Trademark and Geographical Indication Law No. 20 of 2016 (hereinafter referred to as “UUM and IG”), specifically to the Article 20 letter c which asserts “A Mark cannot be Registered if contains elements that may mislead the society on the nature, quality, type, measurement, category, purpose of the usage of goods and/or services applied for registration or it is a name of protected plant variety for similar goods and/or services”
International is being busy facing the corona virus, i.e.COVID-19. Some scientists in this world are attempting to find anti-virus of COVID-19 in order to overcome massively dissemination of the corona virus. The Chinese scientist has currently filed a patent application owned by Gilead Sciences Inc in China Patent & Trademark Office. Unfortunately, his invention cannot be licensed or approved in nowhere of this world.
Recently, OMNIBUS LAW becomes a main issue and is even debated by the interested parties, considering if Omnibus Bill is applied and enacted, not only related to licensing and employment, but also will have a strict impact on Intellectual Property regulation, especially in the field of patent stipulated in Law No. 13 Year 2016 (hereinafter referred to as "Patent Law").
Cadbury is a mark of chocolate and candy that is already very well known in the world and has been existed for almost 100 years. The distinctive feature attached to this British chocolate is its purple packaging. Strongly attached to these characteristics, Cadbury mark chocolate can be easily recognized and distinguished by consumer just by looking at the packaging color. This opportunity was used by Cadbury to propose the "purple" color especially for the purple pantone type 2685C as a single-color mark in 1995. Three years later the "purple" mark was registered at the British Trademark Office by protecting the type of goods "chocolate in the form of bar or tablet."
Industrial Design as a legal branch of Intellectual Property Rights has value and benefits for industries that must be protected. The Protection of Industrial Design makes Designers more creative and productive in creating and producing industrial design works. The use of an industrial design that belongs to someone or someone's creation must have reciprocity between the right holder and the user of a design in the principle of protection of intellectual property rights namely the Principle of Justice and Economics.
As you may be aware that the Directorate General of Intellectual Property had issued a Circular Letter on Fulfilment of the Obligation for Unpaid Patent Annual Fees on August 16, 2018, and Notification (Reminder) regarding the Deadline of Circular Letter of Directorate General of Intellectual Property dated August 5, 2019, wherein the Circular Letter is requesting the Patent Holder(s) who still have unpaid annuity fees for the abandoned patent cases prior to August 26, 2016, to settle up all of the unpaid annuity fees within the deadline of August 17, 2019.
Geographical Indication is part of intellectual property which is a sign that indicates the area of ??origin of goods and/or products which due to geographical environmental factors are able to provide a certain reputation, quality, and characteristics of the goods and / or products produced so as to increase the sale value of the goods and / or product.
One of the attentions of the Indonesian Government under President Joko Widodo is to the creative economy. Remembering that Indonesia’s diversity of culture should be considered as a treasure, the President has a high expectation that Indonesia can maximize the utilization of its cultures. In this case, to maximize the potential of creative economy, the Indonesian Government finally issued the Law No. 24 of 2019 regarding Creative Economy (Creative Economy Law) on 24 October 2019.
In computer science, artificial intelligence (AI), sometimes called machine intelligence, is intelligence demonstrated by machines, in contrast to the natural intelligence displayed by humans. Nowadays, the development of artificial intelligence is very rapid and there is no doubt that AI is creeping into our lives slowly but surely.
Nowadays, street style photograph is one of the hottest items within the fashion industry since it becomes the new way for fashion brands to promote their products through many parties such as highly-followers fashion influencers, models, and artists. So many fashion brands dig deeply their pocket to give their products as a gift to highly-followers fashion influencers, models, and artists for the purpose of street style marketing
alam hal ini, dapat disadari bahwa merek memiliki peran yang besar bagi produsen dalam menjual produk-produknya ke konsumen karena merek menjadi identitas dari suatu produk. Selanjutnya, dalam hal menentukan merek yang akan digunakan, para pemilik merek memiliki kebebasaan dalam menentukan merek seperti apa yang mereka inginkan untuk menjadi identitas dari produk-produk mereka. Namun demikian, para pemilik merek dalam pembuatan mereknya harus memperhatikan ketentuan-ketentuan yang berlaku berdasarkan Undang-Undang Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografis (UU Merek).
Trademark has several functions in trade, namely to show the origin of goods to consumer, as a product differentiator, as well as a guarantor of product quality and promotion.  In this case, it can be realized that Trademark has a great role for manufacturer in selling its products to consumers because the Trademark becomes the identity of a product. Furthermore, in terms of determining the Trademark to be used, the Trademark owners have freedom to determine the Trademark as what they want to be the identity of their products. However, trademark owners must pay attention to the provisions that apply under the Law Number 20 Year 2016 concerning Trademark and Geographic Indications (Trademark Law). The first thing that the trademark owner must pay attention to is the provision in Article 1 paragraph (1) of the Trademark Law which explains the Trademark definition as follows:
In today’s globalization of trade, the increasing of commercialization of Intellectual Property Rights (IPR) can be an important asset owned by rights holders on economic factors. However, the real impact of such rights holders also give rise problems or disputes causing economical losses for the owners of intellectual property rights in their activities.
The President of Indonesia finally issued the Presidential Regulation No. 63 of 2019 on the Use of Indonesian Language (Regulation 63/2019) on 30 September 2019 in order to replace the Presidential regulation No. 16 of 2010 on the Use of Indonesian Language in the Official Speech of President and/or Vice President along with other State Officials, and to support the Law No. 24 of 2009 regarding the National Flag, Language, Coat of Arms and Anthem (Language Law 24/2009).
McDonald's has lost its mark protection to one of its mark, "Mc" after previously losing its mark protection to its "Bigmac" mark. Cancellation of "Mc" mark re-registration was based on objections raised by rival company Supermac's European Union Intellectual Property Office (EUIPO). The case between McDonald's and Supermac's began with Supermac's difficulties in applying for registration of the "Supermac's" mark in the European Union because it was always prevented by McDonald's parties who objected to EUIPO on the basis that they had an exclusive right to use the word "Mc" so that there should be no other party who may use the mark other than McDonald's.
Currently the protection of industrial design both nationally and internationally has experienced a very significant development. This can be seen from the emergence of various types of industrial products that are rapidly changing and unique in the shape. Protection of industrial design rights actually has a close correlation with the increase in designer creation that can make a major contribution, both for designer and the country.
In the current globalization of trade, people have lived in very fast changing industry era, one of which is the creation or industrial design. Development and change that occur in the automotive industry, such as "Designing Cars". Today many Designers produce creative and innovative creations in making car designs, so that a creation can bring about better change and certainly can increase value to the automotive industry in the world.
On June 19, 2019, the European Union General Court ruled that Adidas AG's "3 Lines" mark was canceled for registration in the European Union. The reason for canceling the mark is that the Court considers that Adidas's mark does not have sufficient distinguishing power to be protected as a trademark so that the decision of the European Union Intellectual Property Office (EUIPO) to cancel Adidas's "3 Lines" trademark is appropriate.
In the current digital era, technological developments in the world are increasingly advanced and sophisticated. Especially in 2019, it has been a surprise for the unique and sophisticated technological developments in the field of gadgets or folding screen smartphones. Mobile phone manufacturers such as Samsung, Apple, LG, Xiaomi, Oppo, Huawei, Sharp, Motorola and others have made folding screen smartphones that will be presented this year with a style of design and functionality that is different from their competitors.
Indonesian Directorate General of Intellectual Property (Indonesian IP Office) and National Collective Management Organization (NCMO) along with 8 (eight) Collective Management Organizations (CMOs) such as KCI, WAMI, RAI, SELMI, PAPPRI, ARDI, ARMINDO and SMI agreed on “Deklarasi Bali” in Bali on April 26, 2019.
In today's digital era, people are faced with world technology that is able to connect people with other communities through social media using internet. All information can be easily obtained through social media. One of the most popular social media by public today is Instagram. Through Instagram, each user can easily get information about everything from information on economic, politic, traffic, job vacancies and so on, even Instagram user can also share information about daily activities in photo or video for other users.
As it is known, in obtaining a patent, it must be based on the Application requested by the Applicant to the Minister in writing in Indonesian by paying a fee. In the event that the formal requirements of the Patent Application are incomplete, the Minister will inform the Applicant to fulfill the requirements of the Application within a period of 3 (three) months from the date of notification sent by the Minister and can be extended at most for 2 (two) month.
As is known, in the modern era trade in goods and/or services can not only be done through conventional means but trade can also be done through electronic commerce (e-commerce). Various facilities are offered through e-commerce so that the activity is much in demand by public because consumers are given the convenience to buy goods using only electronic devices such as computer, laptop and handphone.