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.
Based on the above, the expectation as stated in the purposes of the amendment of the Law No. 15/2001 can be realized, wherein with the enactment of Law on Trademark & Geographical Indication No. 20 Year 2016, the process of trademark registration can be easier and faster, to comply with international harmonious protection that will eventually comply with the necessary needs of international trade activities that currently require convenience, transparency and time efficiency.
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.
inventedhere
The Amendment of Trademark Law in Indonesia
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:
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2017 Ⓒ Boston Patent Law Association
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NEWSLETTER ARCHIVE
Volume 48, Issue 4
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Index
Community Calendar Read more >
Table of Contents
Message from the President Monica Grewal
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The Amendment of Trademark Law in Indonesia
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Deleted Teachings and Incorporation by Reference
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Save the Date: BPLA Annual Meeting
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The Constitutionality of Inter Partes Review Is Before the Supreme Court
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Invented Here! 2017 Recognition Event
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BPLA Committee Report
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Members On The Move
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The Federal Circuit Confirms a Return to Restrictive Patent Venue Requirements
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Officers and Board of Governors
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In memoriam of Stanley Abkowitz
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What Reviving the TTIP Agreement Could Mean for the Future of Geographical Indications
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The use of Applicant Admitted Prior Art in IPR Petitions
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Situations When Written Opinions of Counsel Could Spare You a Patent-Related Headache
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Job Listings
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Community Calendar
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Save the Date: Case Law Committee Meeting
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Message from the Editor-in-Chief
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Proposed BPLA By-law Amendment
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Minutes of the 2016 BPLA Annual Meeting
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The BPLA Files Amicus Curiae Brief in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, et al.
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