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| 1. Judicial Review on Law No. 20 of 2016 concerning Trademarks and Geographical Indications
The Decision on the Judicial Review of the Trademark Law with the 1945 Constitution is Indonesia's recent "crown jewel" of Trademark practice. A local Businessman filed this constitutional case along with his legal counsel. The case was initiated by a lawsuit received by a local businessman from a Chinese company called Dahua Technology Co, Ltd. This Chinese company as a Plaintiff requested the Central Jakarta Commercial Court to cancel a local businessman's trademark, namely the "HDCVI & LOGO" trademark, registered at the Ministry of Law and Human Rights. The lawsuit was filed based on |
Article 74 Paragraph (1) of the Trademark and Geographical Indications Law.
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| 2. Indonesia Trademark Update: Who Owns The FUELCELL Trademark in Indonesia?
New Balance Athletics, Inc., founded in 1906 and headquartered in Boston, Massachusetts, USA, is a multinational Company that provides athletic footwear. It also offers clothing, sports, and footwear products for men, women, and children. The company sells its footwear in stores and at retailers around the world. The company maintains a manufacturing presence in the United States and the United Kingdom for the European market, producing some of its popular models. In Indonesia, New Balance Athletics, Inc. was surprised by a person who used a trademark similar to the Company's FUELCELL trademark for his product. According to the Company, this violated their exclusive trademark rights, the provisions of |
Article 1 paragraph 5 of Law No. 20 of 2016 concerning Trademarks and Geographical Indications.
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| 3. Indonesia Trademark Update: Tensions Between Momentive Performance Materials Inc. vs Local Business in the SILWET Dispute
Momentive Performance Materials Inc. is a global leader in advanced materials and specialty chemicals, with a more than 80-year heritage rooted in innovation. The company has evolved into a prominent entity in the production of silicone-based products, offering solutions across various industries, including automotive, electronics, and consumer goods. Known for its commitment to quality and sustainability, Momentive has established itself as a trusted partner for businesses worldwide. Headquartered in Niskayuna, New York, USA, Momentive is a network of more than 40 locations in 20-plus countries around the world. The locations span from urban to suburban to rural. |
This global breadth positions the company to serve a diverse customer base of over 4,000 customers in several countries.
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| 4. Singapore Trademark Update: Amazon Technologies Inc v Survivalverse Pte Ltd [2024) SGIPOS 6: A Landmark Decision on Trademark Opposition
The recent decision by the Intellectual Property Office of Singapore (IPOS) in Amazon Technologies Inc v Survivalverse Pte Ltd [2024] SGIPOS 6 has significant implications for trademark law in Singapore. This case involved a trademark opposition between the tech giants Amazon and Survivalverse, shedding light on the key considerations when assessing trademark similarity and likelihood of confusion. Amazon Technologies Inc, the parent company of Amazon.com, opposed Survivalverse Pte Ltd's trademark application for the mark. Amazon argued |
that this mark was confusingly similar to its well-known "AMAZON" mark, leading to a potential likelihood of consumer confusion.
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| 5. DGIP: Introducing Premium Quality Indonesian Agricultural Products at WIPO 65th General Assembly Session
In order to promote high-quality agricultural and plantation products, the Directorate General of Intellectual Property (DGIP) held an exhibition themed "Experience the Premium Quality of Indonesia's Geographical Indication Agricultural Product". The event took place at the World Intellectual Property Organization (WIPO) Saloon Apollon Lobby, as part of WIPO's 65th General Assembly Session in Geneva, Switzerland, on July 9-17, 2024. The expo displayed 138 geographical indication (GI) products from Indonesia, illustrating the natural resources and diversity of the country's plantation |
and agricultural products. Products such as Java Preanger Tea, Bareh Solok, and various other commodities represent a great potential to be recognized and appreciated in the global market.
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| 6. DGIP: Learns IP Law Enforcement Strategy from the Philippines
The Director of Investigation and Dispute Resolution of the Directorate General of Intellectual Property (DGIP) held a meeting with the Philippine Police Team in order to improve the effectiveness of Intellectual Property (IP) protection and enforcement in Indonesia. The meeting was held at the DGIP Office and aimed to learn the strategies implemented by the Philippines, which has successfully exited the Priority Watch List (PWL) by the United States |
Trade Representative (USTR) in 2019.
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| 7. DGIP: Bilateral Meeting with USPTO to Strengthening Intellectual Property Cooperation
The Directorate General of Intellectual Property (DGIP) held a bilateral meeting with the United States Patent and Trademark Office (USPTO) on Wednesday, September 4, 2024 in Bandar Seri Begawan, Brunei Darussalam. This meeting took place on the sidelines of the ASEAN Working Group on Intellectual Property Cooperation (AWGIPC). One of the important highlights of the meeting was the signing of a document renewing bilateral cooperation in the form of a Memorandum of Understanding on Bilateral Cooperation (MoU) by the USPTO leadership. This MoU was previously signed by the Director General of Intellectual Property in August 2024 in Jakarta and |
will be valid for the next five years. With this renewal, it is expected that the cooperative relationship between the two institutions will be closer and more productive.
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