The Amendment Purposes
With the issuance of the new Law on Trademark and Geographical Indication, the drafters hope that it will:
1. Simplify the trademark registration process;
2. Provide prompt and excellent services to Applicants;
3. Provide internationally harmonious protection;
4. Comply with the needs of international trade activities.
The Government of Indonesia, in particular the Directorate of Trademark & Geographical Indication, represented by Mr. Fatlurachman as the Trademark Director, in a brief interview with the author on an occasion accompanied by his staff, has demonstrated seriousness for continuous revision and improvement, including:- Procurement of computer facilities and supporting equipment with the current specifications and sufficient quantities;
- Recruitment of staff outside the Directorate General of Intellectual Property to add to the existing human resources;
- Training to staff covering in-home-country training as well as comparative studies at the Trademark Offices in countries such as Japan, Australia, the United States and New Zealand;
- Start of an automation program allowing online trademark registration and renewal since December 2016;
- Provision of technical guidance about online trademark registration to intellectual property practitioners; and
- Completion of work including trademark registration, renewal and assignment, that has been pending.
Bibliography
- Trademark Law No. 15 Year 2001
- Law on Trademark & Geographical Indication No. 20 Year 2016
- Socialization Paper of the New Trademark Law by Fatlurachman, SH., MM as a Director of Trademark from Directorate of Trademark and Geographical Indication, Directorate General of Intellectual Property, Ministry of Law& Human Rights of the Republic of Indonesia Year 2017.
The Amendment of Trademark Law in Indonesia
Chamelia Sari
, PRAWIRANEGARA International Patent & Trademark Law Office
Background
Having passed through a fairly tough formulation phase and accompanied by inputs from various parties ranging from academics, legal practitioners in the field of intellectual property and officials in the Directorate General of Intellectual Property of the Republic of Indonesia since several years ago, finally on November 25, 2016 the Law No. 20 Year 2016 on Trademark and Geographical Indication was signed and promulgated by the President of the Republic of Indonesia, Joko Widodo. Law No. 20 Year 2016 is a substitute of Law No. 15 Year 2001.
The considerations for the amendment or revision of Trademark Law No. 15 Year 2001 were as follows:
a. The process and procedure of trademark registration as set forth in the previous Trademark Law was too complex and time consuming;
b. There are regulations that did not comply with international conventions that have been ratified;
c. The existence of Indonesia's plan to become a member of the Madrid protocol.The Amended Points
Under the new Law on Trademark & Geographical Indication, several changes are made, including: