November 07, 2016

Indonesia: New Trademark Law

The Parliament of Indonesia passed the Bill on Trademarks and Geographical Indications on October 27, 2016. The new law is expected to enter into force after its ratification by the President, approximately in a month.

It is worth mentioning that the changes implemented by the adopted law concern key points of trademark protection, namely subject matter, registration procedure, enforcement issues, etc.

  • The new law introduces the possibility of registration of non-conventional trademarks, i.e. three-dimensional, sound and hologram trademarks. Also, within two years the Implementing Regulations are expected to be adopted, which will also allow filing Madrid Protocol applications.
  • Minimum requirements for obtainment of a filing date will be reduced to the following documents: an application together with a representation of a trademark and payment of fees.
  • Publication of a trademark application will take place prior to its substantive examination while examination itself will be conducted within 150 working days instead of nine months.
  • New grounds for refusal will appear under the new law. Misleading or deceptive trademarks will be deemed non-registrable.
  • Late renewal option will become available. A trademark renewal request may be submitted within a six-month grace period after the expiration date.
  • As for trademark infringement, criminal sanctions for unauthorized use of an identical or a similar trademark will be increased to IDR 2 billion and IDR 1 billion correspondingly. In case the infringement damages environment, human health, or causes human death, the punishment of up to 10-year imprisonment and/or a fine of IDR 5 billion will be imposed.

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Author: Lynda Miller