Intellectual Property are crucial because it allows individuals and businesses to protect their creative works, inventions, and brand identities.

Represented by our team of IP Consultants;  Mr. Harry Wirawan and Mr. Taufik Andradi, Biro Oktroi Roosseno have been invited last month by SEA Today News, an online News Channel, for giving deeper insights into the role of intellectual property for business and individuals.

Source: https://www.youtube.com/watch?v=QI8vfd2zChc

Lyrical Prose by Toeti Heraty

Executive Producer: Dr. Inda Citraninda Noerhadi
Director: Fendi Siregar
Screenwriter: Linda Christanty
Music Composer: Ananda Sukarlan
Art Director: Gembong Hardian
Narrator: Christine Hakim

Color, HD, Indonesian Language, English Subtitles, 29 minutes, 2023

Film Synopsis:
Rainha Boki Raja, or Boki Nukila, was the daughter of the Sultan of Tidore, who was married to the Sultan of Ternate, Bayanullah. After Bayanullah’s death, Boki Raja led the state and government of the Sultanate of Ternate as the queen of 16th-century Ternate. She waged war against the world’s first global imperialism-colonialism force, the Portuguese, whose conquered territories spanned Asia, Africa, North America, and Latin America.

She pushed her abilities to the limit in facing the turmoil in Ternate and Tidore during the era of Western colonialism-imperialism. She also resisted the dominant patriarchal culture in the power structures and society of that time. Ternate is one of the oldest and largest maritime kingdoms centered in North Maluku, and it continues to exist to this day, with a history spanning 750 years. Since Indonesia’s independence, the Sultanate of Ternate has held the status of a cultural heritage rather than a sovereign state.

The struggle of Rainha Boki Raja as the Queen of Ternate is depicted in this documentary film, which has been broadcast across various media platforms in Indonesia. The film has been nominated for Best Short Documentary at the 2024 Indonesian Film Festival.

Director of Cooperation and Education of the Directorate General of Intellectual Property participated in discussing crucial issues in the field of Intellectual Property at the 20th Asia-Pacific Economic Cooperation – Intellectual Property Rights’ Experts Group (APEC-IPEG) meeting 58 in Lima, Peru from February 25 to March 1, 2024.

At the meeting, she conveyed the latest developments regarding the geographical indication (IG) protection policy in Indonesia, developments in the revision of the Industrial Design Law and Indonesia’s strategy to support small and medium businesses. On this occasion, it was also conveyed about the successful implementation of the DGIP flagship program in 2023 and introducing the DGIP flagship program in 2024.

She also explained the development of the Draft Industrial Design Law where it will increase the effectiveness of implementing the industrial design system, strengthen the Industrial Design Law, and align regulations with international developments in the field of industrial design.

“It is hoped that through the revision of this law a more conducive environment will be created for creation and innovation in the field of industrial design as part of the Intellectual Property system,” she explained.

During the meeting, participants of the APEC  Economies conveyed the efforts that had been made to improve Intellectual Property  services, as well as their contribution to the success of APEC’s priorities and work plans, such as the Aotearoa Plan of Action, implementing the Putrajaya Vision; the Bangkok Goals on Bio-Circular-Green (BCG) Economy; the La Serena Roadmap for Women and Inclusive Growth; and the San Francisco Principles on Integrating Inclusivity and Sustainability into Trade and Investment Policy.

On the sidelines of APEC-IPEC activities, bilateral meetings were also held with delegations from the United States, Canada and Korea regarding several follow-up activities or action plans. Apart from that, at the 58th APEC-IPEG meeting, Project Management Unit Training was also held which aims to guide the design and preparation of quality projects within the APEC framework.

(source: http://www.dgip.go.id)

The Indonesian delegation represented by the Director of Patents, Integrated Circuit Layout Design (DTLST), and Trade Secrets of DGIP attended the 17th Patent Cooperation Treaty (PCT) Meeting Working Group held at the World Intellectual Property Organization (WIPO) Headquarters, Geneva, Switzerland on Tuesday, February 20 2024.

“At this 17th meeting several agendas were discussed including Technical Assistance Under the PCT, PCT Online Services, Filing Medium of International Applications and Related Documents, Legal Measures to Support Electronic Processing, Personal Data Protection and the PCT, and several issues related to the implementation of the PCT,” he said.

He added that at this meeting a sharing session was also held by several PCT member countries regarding experiences in implementing the Patent Prosecution Highway (PPH). Then, on the sidelines of the series of meetings, a sharing session was also held related to the Relationship between Patent Cooperation Treaty and Patent Law Treaty (PLT).

He also said that through this meeting, Indonesia could find out about developments related to PCT. These developments can be administrative or substantive, including opportunities for Indonesia’s participation in PCT such as technical assistance or maximum capacity building.

“This forum is very important to follow carefully and continuously because it discusses issues related to the implementation and changes to the PCT system,” he explained

Indonesia has been a member of the PCT since 1997 based on Presidential Decree Number 16 of 1997 concerning Ratification of the PCT. In its implementation, to date 52% of the applications received by DGIP have been submitted through the PCT scheme.

 

(source: http://www.dgip.go.id)

 

Secretary of the Directorate General of Intellectual Property (DGIP) held a meeting with Deputy Director General for Regional and National Development Sectors of World Intellectual Property Organization (WIPO) to discuss the follow-up to the establishment of the Indonesia IP Academy in Geneva, Switzerland on Friday, February 2, 2024.

On this occasion, he conveyed the preparations that had been planned and implemented by DGIP regarding the establishment of the Indonesia IP Academy, especially regarding management support and infrastructure.

“We are currently preparing national regulations for the establishment of the Indonesia IP Academy. Apart from that, supporting infrastructure and facilities are also being prepared, one of which is a special library for Intellectual Property,” he explained.

Furthermore, he also conveyed several work plans for 2024 which had been prepared together at the WIPO office over the last five days, one of which was training activities delivered by the Indonesian Intellectual Property Training Institution (IPTI) with the WIPO Academy.

Deputy Director General for Regional and National Development Sectors of WIPO appreciated the efforts and welcomed the progress in the development of the establishment of the Indonesia IP Academy.

“This year WIPO has also prepared several programs, we hope to collaborate again with DGIP on several activities this year,” he concluded.

(source: http://www.dgip.go.id)

In a recent decision, the Intellectual Property Office of Singapore (IPOS) ruled in favour of Green Radar, an IT security firm, allowing them to register the trademark “grMail” (Trademark No. 40202109944T) for their services under class 42 and class 45. This comes after tech giant Google filed an opposition against the mark, citing potential confusion with their own established trademark “Gmail”. The case centered around whether “grMail” was confusingly similar to “Gmail” and could potentially dilute the distinctiveness of Google’s brand.

Google’s Arguments:

Google opposed the registration of “grMail” on the following grounds:

  1. Confusing Similarity:
    Google argued that “grMail” is too similar to its well-known trademark “Gmail,” leading to consumer confusion. They believed consumers might mistakenly associate “grMail” with Google’s email service.
  2. Dilution and Unfair Advantage:
    Google contended that allowing “grMail” would dilute the distinctiveness of its “Gmail” trademark and potentially allow Green Radar to gain an unfair advantage by riding on Google’s brand reputation.

IPOS Decision:

IPOS acknowledged a moderate degree of visual similarity between the two marks. However, they ultimately sided with Green Radar, finding the following:

  1. Sufficient Distinction:
    The addition of the prefix “gr” creates enough distinction for the average consumer to differentiate “grMail” from “Gmail”.
  2. Dissimilar Services:
    The services offered under the respective trademarks are distinct. “Gmail” is an email service, while “grMail” relates to IT security services. This difference reduces the likelihood of confusion.
  3. No Dilution or Unfair Advantage:
    IPOS determined that “grMail” wouldn’t likely damage the distinctiveness of “Gmail” due to Google’s brand strength. Additionally, they found no evidence that Green Radar intended to capitalize unfairly on Google’s reputation.

Conclusion:

This decision allows Green Radar to register the “grMail” trademark in Singapore for their IT security services and subsequently the mark has obtained registration in Singapore. Google was also ordered to pay Green Radar US$12,000.
This case highlights the importance of distinctiveness in trademark selection. While some similarity might exist, clear differentiating factors can be crucial in securing trademark registration.

(source: Biro Oktroi Roosseno Singapore)

 

The storage battery trademark dispute currently under trial at the Central Jakarta District Court involves a company from India that manufactures lead and electric storage batteries, which is the plaintiff, and a local businessman, who is the defendant.

The company, Exide Industries Limited, has ten international standard factories spread across five states in the country, out of which 8 factories are dedicated to lead-acid batteries and 2 factories manufacture Home UPS Systems. They also have manufacturing facilities in Sri Lanka, UK and Singapore and does business globally through its subsidiaries and international affiliates

They export its batteries to more than 60 countries across the globe. It has a strong 95,000+ distributor & dealer / sub-dealer network.

Pursuant to this matter, the Indian company filed a cancellation lawsuit against the said local businessman in the District Court of Central Jakarta under case number 117/Pdt.Sus-HKI/Merek/2023/PN Niaga Jkt.Pst.

The plaintiff is seeking to establish their ownership and first use of the SF SONIC trademark, as well as its recognition as a well-known trademark.

Both trademarks protected the type of goods in class 9, such as accumulator, car battery, accumulator, uninterruptible power supply device, battery and battery cell, lithium ion battery, dry battery, electric battery, lithium battery, storage battery, solar battery, battery for vehicle, battery for electric vehicle, battery for mobile phone, rechargeable battery, Inverter, power inverter, capacitor, battery box, charger for electric battery, electric power control equipment, electric cell and battery, solar cell, solar cell and power generation panel, Renewable battery system for providing backup power, Interruption-free power supply, etc.

They argue that the defendant’s registration of the mark was filed in bad faith and is substantially or entirely similar to the plaintiff’s mark, and they are seeking to have the registration declared null and void. Additionally, the plaintiff is seeking damages.

Currently, this case is still in the early stages of court hearings, and the court’s verdict still needs to be made.

 

(source: http://sipp.pn-jakartapusat.go.id;

https://www.exideindustries.com)

June 13, 2021 was our great sadness for the passing of Toeti Heraty N. Roosseno at the age of 87. She was the President Director of Biro Oktroi Rooosseno, who was also the first generation of Indonesian feminist thinkers, a great Indonesian poet and writer, philanthropist, philosopher, a humanist, a high integrity and dedicated professor and lecturer, an IP consultant, an excellent professional and a kind-hearted leader, which she consistently kept until her last moment.

Thus, to commemorate and celebrate her thoughts, Cemara 6 Galeri – Toeti Heraty Museum is organizing the archive exhibition “Aku dalam Budaya.”

Toeti Heraty made significant contributions to Indonesian thought and culture. One of her renowned and notable contributions is her dissertation, “Aku dalam Budaya,” a study of cultural philosophy theory and methodology. This dissertation earned her a Doctor of Philosophy degree from the Faculty of Literature at the University of Indonesia and also made her the first woman in Indonesia to attain a PhD in Philosophy.

This dissertation was first published by Pustaka Jaya in 1984 and reissued in 2013.

The exhibition gathered 250 cultural writings authored by Toeti Heraty from 1961 until her passing in 2021. It takes place at Cemara 6 Galeri – Toeti Heraty Museum, located at Jl. HOS Cokroaminoto No. 9-11, Menteng, Jakarta Pusat, from June 13 to July 13, 2024.

This archive exhibition was inaugurated by Hilmar Farid, the Director General of Culture at the Ministry of Education, Culture, Research, and Technology (Kemendikbud Ristek), who was also Toeti Heraty’s former student.

 

Curated by Dhianita Kusuma Pertiwi, this exhibition features various archives, such as photos, timelines, bibliographies, selected books, essays, documentary videos, and objects from Toeti Heraty’s residence. It also features expert speakers from various fields, reflecting Toeti Heraty’s contributions in education, arts, culture, philosophy, politics, and business. Discussions and book reviews arel also be held during the exhibition to enrich public knowledge about Toeti Heraty and her thoughts.

 

(source: Biro Oktroi Roosseno & many)

On June 4, 2024, AIPPI Indonesia Group held an international webinar entitled “Trademark Protection Procedures in Japan and Indonesia.” The webinar attracted a diverse audience, including Intellectual Property Consultants, Law Firm Staff, Small and Medium Business entrepreneurs, Researchers from Government Research Institutions and Private Research Institutions, and general public observers of IP, especially Trademarks.

Mrs. Migni Myriasandra, Managing Director of Biro Oktroi Roosseno, as the Chairwoman of the Webinar committee, stated in her opening speech, “This webinar aims to explain the important aspects of trademark registration and protection, particularly focusing on the procedures and challenges faced in both Japan and Indonesia.”

Mr. Harry Wirawan, an Indonesian Intellectual Property from Biro Oktroi Roosseno, was the first speaker in the webinar. In the second session, Mr. Koji MURAI, a Japanese Patent and Trademark Attorney, also presented an interesting topic.

The discussions were centered around the trademark examination stage, addressing scenarios where trademark applications face refusal from the Directorate of Trademarks and Geographical Indications in Indonesia or at the Japan Patent Office. The speakers also provided insights on handling objections from third parties regarding trademark applications.

Mr. Wirawan elaborated on the trademark registration procedures in Indonesia, emphasizing the nuances of the process and related office actions. He also explained the preparation and drafting process of trademark responses/oppositions.

In the second session, the webinar explained about the Japanese trademark system. Practical strategies for overcoming refusal grounds at the Japanese Patent Office were also highlighted, providing attendees valuable tips.

This webinar is an essential platform for knowledge exchange and capacity building in trademark regulation between Indonesia and Japan. The event aims to empower SMEs and other attendees to navigate trademark challenges effectively, fostering a more robust IP ecosystem by equipping them with practical insights and strategies.

This webinar reinforces the importance of trademark protection and is concerned with boosting economic growth and encouraging innovation in both countries.

For SMEs, having a registered trademark shields them from infringement and enhances credibility and consumer trust by signifying the authenticity and origin of their products or services. Moreover, trademark ownership facilitates market expansion, boosts competitiveness, and ensures legal safeguards under the law.

 

(source: Biro Oktroi Roosseno)

The Patent Appeal Commission, representing Indonesia’s Directorate General of Intellectual Property, conducted a virtual meeting with the European Patent Office (EPO) on Wednesday, June 26, 2024. This meeting marks an important step towards encouraging international collaboration and knowledge exchange in patent law and enforcement.

The primary objective of the meeting was to facilitate a comprehensive discussion on various aspects of patent protection systems. Key topics included examining the enforcement practices of patent laws in respective countries and exploring mutual learning and improvement.

The Public Policy Coordinator at the European Patent Office emphasized the importance of such engagements in strengthening global patent systems. He highlighted the value of sharing experiences and insights to collectively enhance the efficacy and fairness of patent protection worldwide.

During the meeting, the Deputy Chair of the Patent Appeals Commission presented an overview of Indonesia’s regulatory framework and operational practices.

“In resolving a patent case, the Patent Appeal Commission carries out three legal competencies, namely receiving, examining, and deciding,” the Deputy Chair stated. This structured approach ensures thorough examination and fair judgment in resolving patent disputes within Indonesian jurisdiction.

Furthermore, the Commission member elaborated on their procedural norms, highlighting the importance of summoning relevant parties for hearings to elucidate case details. In addition to stakeholder input, the Commission seeks opinions from expert witnesses, leveraging the expertise of patent specialists and examiners with scientific backgrounds.

“Apart from related parties, we also ask for opinions from witnesses and experts in their fields to get input. We added that we have patent experts and examiners with scientific backgrounds,” he added.

 

(source: http://www.dgip.go.id)

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