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Tuesday, November 1, 2016

Indonesia's new trademark amendments - a summary

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The new Trade Mark and Geographical Indication Law was passed by Parliament on 27 October 2016 and is expected to come into effect by 27 November 2016 depending when the President signs. The main changes are :
  • Non-traditional Marks can be filed – e.g. 3D, sound and hologram marks 
  • Madrid Protocol applications can be filed (after Implementing Regulations) 
  • New absolute grounds for rejection for marks which are misleading or deceptive. Generic marks must contain additional material to be registered
  • Electronic filing of applications
  • Publication will now be before examination (reversing the current process) 
  • The opposition period is shortened from 3 months to 2 months
  • Substantive examination will speed up under shortened timeframes
  • Registration - In theory, registration will now take 9 months, compared to the previous 14 month timeline. But in practice it presently takes 3 years!
  • Late renewals are now possible in some cases
  • Recordal of Assignment/Change of details can now be filed against pending applications. Recordal of licenses is only possible against registered marks.
  • Post registration amendments to certificates are now possible, after Implementing Regulations.
  • Revocation / Deletion of marks can now also be for conflict with a prior GI or Traditional Knowledge element.  
  • There are additional rules on trademark litigation in the commercial court.
  • The IPO's PPNS investigation officers' powers are clarified 
  • Criminal penalties for trade mark infringement have been doubled and further increased for safety related products
  • The new law removes the term “deliberately” from trademark crimes
All pending applications filed before the law follow the 2001 law. All implementing regulations shall be passed within 2 years the law says.  

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