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Articles contributed by Biro Oktroi Roosseno
On July 30, 2012 Indonesia Supreme Court issued a Supreme Court Regulation No. 4 of 2012 regarding Temporary Suspension Order and No. 5 of 2012 regarding Temporary Injunction.
1. Local Uniqueness in the protection of IPR in Indonesia
The Government of Indonesia (GoI) consistently took action in the implementation of IPR protection. The GoI has stated that Gorontalo (the 32nd Province of Indonesia that located in North Sulawesi) becomes the Free Zone of IPR violations, as well as operations against counterfeit products in the said region.
Thousands of optical discs or DVDs containing pirated movies at 4 (four) stores in the shopping centers of Plaza Semanggi, Jakarta, were confiscated.
Toyota Jidosha Kabushiki Kaisha (Toyota Motor Corp.) filed a lawsuit against trademark registration ‘Lexus & logo’ in the name of a local businessman.
The duration of Patent protection is regulated in Article 8 of Law No. 14 of 2001 concerning “Patent”, namely:
The Indonesian Trademark Appeal Commission in their decision number 79/KBM/HKI/2009 dated 08 May 2009, states that trademark “COBB” is having substantial similarity in its essential part with trademark “GOLDEN COB” under registration number 517524 to cover similar kind of goods which is class 31. Therefore, trademark “COBB” is rejected due to prior registration of trademark “GOLDEN COB”.
As mandated by Article 66 paragraph (3) of Law No. 14 year 2001 concerning Patent, all forms of Patent transfer must be recorded and published, with the payment of a fee. Further, paragraph (4) mentions that any transfer of Patent, which is not in line with the provisions of this Article, shall be invalid and void.
According to Article 56 of Law No. 15 of 2001 regarding Trademark, Geographical Indication shall be protected by law after registration based on application. Concerning the procedure of registration, it is regulated with Government Regulation No. 51 of 2007 regarding Geographical Indication.