With the enactment of Omnibus Law, many important changes are brought upon Law No. 13 Year 2016 on Patents. Despite so, a completely new patent regulation is maybe on the horizon for Indonesia.
In 2023, the government made many changes and adjustments to IP laws, such as the Patent Law and the Industrial Design Law. This article will thoroughly discuss the purpose of the changes and compare the still valid Industrial Design Law and the later application of the Industrial Design Bill. Check out this article to get insights on developing the Industrial Design law in Indonesia.
In January 2023, PUMA filed a trademark cancellation lawsuit to the Central Jakarta District Commercial Court. PUMA disputed with Reno Mustopoh regarding the existence of PUMA trademark registration for mosquito-repellent goods. This case is registered with case register number16/Pdt.Sus-HKI/Merek/2023/PNNiagaJkt.Pst by entrusting its legal counsel to Mr. Nabil Baswel, S.H., who is an Advocate and Senior Associate of Am Badar & Am Badar. Read this article in full to get insight into the protection of trademark law for internationally recognized trademarks in Indonesia.
On August 20, 2023, in Semarang, the 55th ASEAN Economic Ministers (AEM) Meeting 2023 was held, which was attended by ASEAN members who collaborated with WIPO. This meeting became momentum for the ASEAN IP Register launch, coordinated by the Indonesian side through DGIP.
With the recent enactment of Omnibus Law 2023, many sweeping changes are brought forward to a wide variety of sectors, including patents. Here's what you need to know.
To make sure others don't use your trademark without permission, as an owner, you need to register it in every country where your products are sold. By registering your trademark, shows that you have awareness and knowing how to take legal action to protect your rights. That's exactly what BOSE CORPORATION did, by registering its trademark in Indonesia and objecting to another similar trademark registration. Learn more about our detailed article in the link in our bio.
We Glad to report that Am Badar & Am Badar had been held a Webinar about "Strategies and Tips to Preventing Trademark Disputes in Business". We shared about legal awareness for MSMEs in Trademark dispute potentials with our expertise. This topic is essential for Indonesia and foreign companies because DGIP (Directorate General of Intellectual Property) set 2023 as the Trademarks Thematic Year.
Getty Images, an American-British visual media company famous for supplying stock images, has sued an AI company for allegedly violating their copyright. The case offers yet another intriguing and difficult debacle between IP and AI, which could give important implications for the future relationship between the two worlds.
According to the Directorate General of Intellectual Property (DGIP) of the Ministry of Law and Human Rights , the number of intellectual property (IP) applications in Indonesia is among the top ten highest among developing countries members of the world intellectual property organization (WIPO). Razilu, Acting Director General of Intellectual Property at the Ministry of Law and Human Rights, stated that Indonesia ranks first among WIPO members with middle income in terms of trademark registration. In addition, among WIPO members, Indonesia ranks in the top ten in terms of simple patent registration.
The UK government has confirmed that citizens who share passwords for streaming services can now face criminal charges. According to the website Torrentfreak, the British Intellectual Property Office's (IPO) piracy guidelines have changed, and password sharers are now considered copyright infringers.
The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (“Budapest Treaty”) is an international agreement adopted on 28 April 1977, as amended on 26 September 1980 in Budapest, Hungary. On April 4, 2022, the President of the Republic of Indonesia, Joko Widodo, issued Presidential Regulation Number 44 of 2022 concerning the Accession of the Budapest Treaty as a form of Indonesia's participation as a participating country.
The name 'Manolo Blahnik' may be familiar to some of you, especially those who enjoy shopping for shoes. The brand, which was created by a man from Spain with the same name, is widely used by famous individuals. So, how can Manolo Blahnik be involved in a trademark dispute which lasted for 22 years?
We are honored to announce that our Intellectual Property Law Firm has been listed as “2022 Recommended Firm: Indonesia” by the World Trademark Review 1000 (“WTR 1000”).
It’s reported that Hailey Bieber got tangled up in a legal battle with RHODE for allegedly infringing the company's Trademark by releasing her skincare line by the name of Rhode.
Coca-Cola suffered quite the loss after failing to win a Trademark fight against Meenaxi Enterprise, an Indian-based company primarily known for its FMCG products. According to the company's website, meenaxifoods.com, they take pride in certain products: Limca, Thums Up, Rimzin, Rogers, and Bournvita.
On July 12, 2022, the President of the Republic of Indonesia, Joko Widodo (“Jokowi”), enacted Government Regulation Number 24 of 2022 on the Implementation of Law Number 24 of 2019 on the Creative Economy (“PP No. 24/2022”).
We are delighted to announce that Am Badar & Am Badar has been awarded Tier 1 in Patents, granted by "Asia Legal Business: Asia Intellectual Property Rankings 2022”. Following 704 new patent registrations in 2021, the trustworthiness keeps rising along with additional 300+ patent registrations and matters this year (January to May 2022). Furthermore, we also ranked Tier 2 in Copyright/Trademarks.
PT Pegadaian is a state-owned company engaged in loans, financing and investment. The company is considered very well-known in Indonesia, after all it’s been around since the early 1900s.
Am Badar & Am Badar IP Law Firm has successfully represented the proprietor of the well-known trademark “PUMA”, PUMA SE, at the Supreme Court of Indonesia. The decision is final and binding since it is adjudicated by the Supreme Court Judges through the Judicial Review Decision.
Tesla, a Texas based company mostly known for its clean energy and automotive products, is currently one of the most valuable companies in the world. The company, which was built in 2003, climbed the ladder of success until it became the topic of conversation on many platforms. At the time this article was written, the market capitalization of Tesla reached 724 billion USD.
The Corona Virus Disease 2019 (“COVID-19”) pandemic has had implications for various sectors and policies globally, and Indonesia is no exception. In the government sector, Indonesia has launched the Crash Program. This program is implemented to accelerate the settlement of state receivables to government agencies and provide relief to debt insurers during the COVID-19 pandemic.
Gadjah Mada University, more commonly known as UGM, obtained a WIPO medal for the many inventions and patents the university has produced and distributed. The exciting news is a reminder for the people of this country that innovation and creativity are greatly appreciated, not just by this country, but also the world.
Xiaorong You, a former Coca-Cola chemical engineer, was sentenced to 14 (fourteen) years in prison on May 9, 2022. The punishment also includes 3 (three) years of supervised release and a USD 200,000 (two hundred thousand United States Dollars) fine. She was found guilty of: (i) stealing eight trade secrets from several companies, (ii) economic espionage, and (iii) wire fraud.
MS Glow and PS Glow are two brands marketing beauty products. You might have heard of one if not both brands? After all, these days MS Glow is quite popular.
Zara issued a ‘threat’ to a local British business, House of Zana, to close its doors in April 2022. The Spanish high-street fashion label claims that the House of Zana is conceptually identical.
The Republic of Indonesia's Directorate General of Intellectual Property has launched a new logo for one of the Intellectual Property, namely Geographical Indications, as well as a market application related to IP called the Intellectual Property Marketplace. The launch was associated with World Intellectual Property Day, which was held on April 26th, 2022.
Match Group, the parent firm of online dating, filed a lawsuit against Muzmatch in January 2022. By utilizing the word "match" in its name, Muzmatch is considered to have infringed on its trademark logo. In addition, Muzmatch is thought to have produced an unfair advantage that has harmed the company's reputation and investment in its brand.
Ruben Onsu, actor and entrepreneur, was pulled into another Intellectual Property infringement lawsuit involving his trademark. The ‘Geprek Bensu by Ruben Onsu’ and ‘I Am Geprek Bensu’ trademarks are said to possess similarities with registered trademarks belonging to PT Ayam Geprek Benny Sujono.
Those of you who were around in the 90s, remember SKJ ‘88? Senam Kesegaran Jasmani (physical fitness) 1988 was, like its name suggests, created in 1988. It used to be mandatory for students and Government employees to perform this exercise in the morning. Thus, it was a very popular form of exercise at the time.
Semarang City Spatial Planning Service received several critiques from netizens after the release of the logo for a new program by the name of SHIELD. The logo was released through Twitter and spread by Henrar Prihadi, the Mayor of Semarang. Why did they receive backlash? Well, it was because SHIELD, which is short for Spatial Holistic Integrated Environment and Land Division, had a logo which was identical to the logo for Marvel’s SHIELD. For your information, Marvel’s SHIELD is a fictional organization, appearing in “Iron Man” (2008), “Agents of SHIELD” (2013), and plenty of other Marvel movies.
The European Union Chamber of Commerce filed a lawsuit against China to the World Trade Organization (WTO)
We Listen, We Evaluate, and We Progress. After some evaluation and deliberation, we decided to return to our former identity to use the colors Red and Blue as our base and reflection. These colors are more showing who we are, our culture, and code of conduct. Red color shows passion, courage and strength, while Blue symbolizes loyalty and honesty.
Emoji, a form of electronic communication with the appearance of an image, pictogram or logogram. Every individual who uses an electronic device to communicate with others must already be familiar with emoji. The emoji feature is used in almost every form of online and offline chatting. The reason being, using emojis makes it a lot easier for people to express themselves without having to type too many words. Despite having the same concept, because the concept of emojis can be developed differently by every individual or company, emoji features don’t all look the same.
On March 6, 2022, Russia officially authorized “stealing” patents from “unfriendly” countries and anybody associated with them. The Russian Government said in the regulation that unlawful use of the patent will not be compensated.
Since Facebook stated that its parent company’s name would be changed to Meta in October 2021, a number of firms have been racing to establish their presence and build their business in the Metaverse.
The 2000s king of cellphone, Nokia, has returned to tech news cycles, though not because of a product launch, but rather for IP related disputes.
On purpose or otherwise, you’ve listened to Dua Lipa’s songs. Especially if you’re a fan of ‘dance music’, it seems impossible to be unfamiliar with the Albanian blooded singer-songwriter from London, United Kingdom.
Ahmad Dhani has revealed plans to launch a new digital streaming platform to commemorate Dewa's 30th Anniversary. Why is he doing this? What could we expect from it?
Are you a fan of cycling? If the answer is yes, then you must already be familiar with the brand BMC. BMC is a well-known brand in the world of sports and bicycles. The quality and speed of BMC bikes helped build the Switzerland born brand into what it currently is, in terms of popularity. Everyone who uses the bikes guarantees their high quality. The brand is so trusted that athletes brought the bikes produced by BMC Group Holding AG to world competitions.
NFT news emerge yet again as Nike sues over NFT sales that used their brand without authorization
You must already be familiar with the concept of online shopping. It’s a type of shopping that is more practical and easy to do, hence why it’s the preferred method of shopping currently. The appearance of the COVID-19 pandemic pushes the general public’s attention level to the maximum for this easy-to-do method of shopping.
The year 2022 has not been here long enough, but our country has started a new chapter in the journey of Intellectual Property (IP), including a series of cases of IP violations that began to appear in mid-February.
The start of 2020 was a very depressing time for the people of the world with the appearance of a new virus by the name of the Coronavirus. The virus which was found in Hubei, China, took the world by storm by spreading to 224 countries. Human movement was one of the reasons the virus developed into the deadly pandemic it currently is.
When we mention the brands Gudang Garam and Gudang Baru, what exactly crosses your mind? Is it their product? Or their brand names which are rather identical? Or maybe, the constant Intellectual Property feuds between the two corporations?
Recent efforts in Japan to strengthen its intellectual property protection continues as four major publishers sue Cloudfare
Surprising news emerged from India last December. PepsiCo, known for its signature products such as Lays, Doritos, Tropicana and of course Pepsi, sued nine Indian farmers for cultivating Pepsico’s potato variety without a permit, but in the end, it was PepsiCo who had their PVP rights were revoked by the Protection of Plant Varieties and Farmers’ Rights Authority (PPVFRA). How is this possible?
Hasan Azhari alias Arman Chasan sued PT Aplikasi Karya Anak Bangsa (Gojek) and Nadiem Makarim for alleged copyright violation to the Commercial Court Jakarta, on December 31, 2021.
Since the beginning of this year, there have been reports that Pooh and his friends have entered the public domain, which means that they are now free of copyright. Does this mean that partners are now free to utilize Winnie The Pooh? Without authorization from Disney? Yes, but not entirely. How so?
In facing the era of Industry 5.0, performers of the arts, especially performing arts, are required to think creatively in the face of changing times. The aim is to increase understanding of copyright protection, especially performing arts for artists and performers. So as to provide knowledge to artists so that they can record their creative works in the field of performing arts and also related to the modification of traditional cultural expressions. For this reason, DJKI Kemenkumham on 27-28 October held a Socialization on the Development of Performing Art: Protection of the Archipelago Performing Arts, Opportunities and Challenges in Entering Industry 5.0. The event, which took place in Yogyakarta and was broadcast live through DJKI's YouTube channel , provided a lot of interesting information.
Last week at the Facebook Connect 2021 conference , Mark Zuckerberg, as CEO of Facebook Inc. officially announced that the company he founded would change its name to Meta. However, this does not mean that the social media platform Facebook will change its name, because this change only applies to the company that houses Facebook. Facebook and other platforms under Facebook Inc, such as Instagram and Whatsapp continue to use the same name. Zuckerberg explained that the use of the new name aligns with Facebook's rebranding efforts, which want to move from a social media company to one that focuses on virtual technology, with the "metaverse" at the heart of its development. Metaverse itself is a virtual world that allows users to play games, work, and communicate in a virtual environment using virtual reality headsets, augmented reality glasses, smartphone applications, and other devices.
Registering a brand in Indonesia is now quite easy, our government has accommodated its citizens to register their trademark more easily, so that their economic rights are not violated. In 2016, after Law no. 20 of 2016 regarding Marks and Geographical Indications was revised and ratified, then promulgated on November 25, 2016, there were 48,739 trademark registrants with Indonesian citizenship on the DJKI website.
The advancement of technology has made it easier for the human race to acquire information. In a matter of seconds, almost everything we wish to know could be delivered to our fingertips. In this era, it is not difficult to independently enrich our intellectual capability, as well as to quickly interact within a massive scope. It is undeniable that the internet has brought tremendous benefits to modern life, but as with all the positive things, there is a dark side. Accessible technology has led to rampant Intellectual Property infringement. Violations such as the downloading of pirated software, illegally uploading concert footage to social media, using counterfeit clothing products and so on are still widely carried out by the Indonesian people. Even official news corporations have blatantly spread illegal streaming sites to watch films. This is a portrait of how low the collective Indonesian public’s awareness is in regards to intellectual property rights protection. One question arises: does our government allow it?
Human intellectual capability develops in such way that technological advancement in the world reaches the level it is today. Intellectual capability or the ability of human brain, apart from being obtained as a person gets older, can also be improved through education. With education, a person’s intellectual capability is more mature so that it can be poured into an intellectual activity and produces something that can be called a work or innovation.
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). This agreement between Indonesia and Denmark aims to enhance the process of patent examination, improve the process of trademark and industrial design examination, and also to raise concern and cooperation in relevant law enforcement for DJKI stakeholders.