Understanding Indonesia Trademark Legislation

The current Indonesia trademark legislation encourages local enterprises to develop new markets, both domestically and internationally, by providing rapid and effective legal protection. It allows a trademark owner to file a trademark with the trademark office of a foreign nation.

The procedure adheres to the Madrid Protocol. It alters the trademark procedure further and adds the option of hiring independent experts to undertake the trademark assessment process. This idea was initially presented in the revised Patents Law, which was passed in 2016.

Development of Indonesia Trademark Laws

Before the 2016 Trademarks Law, laws regarding intellectual property had been changed several times. Here is the brief summary of Intellectual Property Laws in Indonesia.

The Country’s First Intellectual Property Law

Law No. 21 of 1961 on Company Trademarks and Commercial Trademarks (the 1961 Trademarks Law) was created after independence to replace colonial-era regulations. The 1961 Trademarks Law was the country’s first intellectual property law aimed at safeguarding customers from counterfeit items. Its proclamation date (11 November 1961) is currently celebrated each year as National Intellectual Property Day.

Paris Convention

Through Presidential Decree No. 24 of 1979, Indonesia accepted the Paris Convention for the Protection of Industrial Property on May 10, 1979. However, Indonesia made a number of concerns concerning the scope of trademarks, national treatment, copyright regulation, industrial design regulatory frameworks, trademark regulation, special nation’s industrial property services, and member-state lawsuits.

TRIPS Agreement

The House of Representatives approved Law No. 19 of 1992 on Trademarks on August 28, 1992, to replace the 1961 Trademarks Law. Indonesia then decided to join the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”) on April 15, 1994.

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Following that, with Indonesia becoming a World Trade Organization member, the House of Representatives adopted Law No. 15 of 2001 on Trademarks (2001 Trademarks Law) in 2001 to bring Indonesia’s intellectual property rules and regulations in conformity with the TRIPS Agreement.

The 2016 Trademarks Law

Following the passage of the Trademarks Law in 2001, the number of trademark applications skyrocketed. However, the legislation could not suit all interests, and with the AEC agreements demanding the harmonization of each ASEAN member state’s intellectual property regimes, it became clear that new trademark legislation (the 2016 Trademarks Law) would be required.

The 2016 Trademarks Law, in keeping with worldwide trends, protects both conventional and non-conventional trademarks, including both visible and non-visible components. Non-conventional trademarks were originally protected by the Singapore Treaty on Trademarks, which was recognized by more than 40 countries, including the Benelux intellectual property organization.

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In accordance with this, the definition of “trademark” in current law has been expanded to encompass non-traditional aspects such as two or three-dimensional shapes, sounds, and holograms, as well as any combination of such elements.

In short, the Trademarks Law of 2016 adds a new regulation for generic Indonesia trademark registered with the registry of Directorate General of Intellectual Property (DGIP).

A generic trademark is one that has become a generic reference to a certain product or service. A generic trademark owner is the only proprietor of such trademark under earlier legislation.