Carrying out trade mark litigation in Indonesia is highly
challenging. Proving substantive claims is already hard enough, but
a plaintiff must also anticipate procedural or formality challenges
by the defendant or third party. A recent case involving one of the
most important companies in Indonesia illustrates this while
simultaneously showing the wider commercial challenges of trade
mark use.
Procedural obstacles are a common part of the Indonesian
litigation landscape. These can include court competence, the
validity of the Power of Attorneys, obscure libel (unclear or mixed
claims), error in persona (incorrect party), premature status (the
case is too early), and double jeopardy. Failing to overcome
formality challenges commonly can lead to a dismissal of the case
by the Judiciary. Indonesian courts frequently focus heavily on
formalities before they consider substantive issues. Factors
such as the judges' biases, subjectivity, inclinations, and
very broad
