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Thursday, September 29, 2011

Local litigants in Indonesia




Jakarta Commercial Court

Two Indonesian businesspeople have clashed in the Central Jakarta Commercial Court over conflicting trademark rights. One owns the brand CAMPUS in class 16 for stationary while the other owns Millennium Campus, so the owner of Campus is suing to cancel the Millennium Campus trademark registration.

IP Komodo has often noticed that local litigants are often more active than foreign ones in Asia's emerging markets. This is famously the case in China where local companies fighting it out are the source of much civil jurisprudence since they are responsible for 80% of IP cases. Those interested in China litigation data analytics should use the excellent CIELA database http://www.ciela.cn/

In Indonesia the situation is more mixed. IP Komodo has been collecting data on IP decisions for a while and believes that around 50% of cases are between local companies with the rest involving a foreign party. Cases involving local companies follow some of the bigger trends – most are trademark cases, many are cancellation actions. But some of the common trends for international MNCs are not so common, e.g. well known mark cases. IP Komodo’s IT lizards are working on a searchable database along similar lines to the CEILA China one after which he can reveal more analysis.   

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