Examination by the Directorate-General of Intellectual Property (i.e. registration) should not be cited as evidence of satisfaction of pre-resquisites for registration.
There is a recurring argument posed by Defendants less familiar with intellectual property laws, that because a patent/trademark/industrial design has passed substantive examination at the Directorate-General of Intellectual Property, the Court should accept that pre-resquisites for registration have been fulfilled. For example, a patented invention is novel (because it passed examination). Or a trademark has been filed in good faith (because it passed examination).
It was refreshing to see the Supreme Court directly address this issue in PT. Subur Semesta & Tjia Tek Ijoe v. PT. Stella Satindo (108 PK/Pdt.Sus.HKI/2013). At page 19 of the decision in these patent cancellation proceedings, the Court says:
The submission in Reconsideration Appeal that “the simple patent has been properly processed” does not negate the need for examination of evidence such as that performed by the (Commercial) Court where the Plaintiff succeeded in proving that the simple patent subject of these proceedings is not novel and has become public domain, such that the Judex Facti (Commercial Court) and Judex Juris (Supreme Court at cassation level) accepting the Claim in entirety was appropriate.
There is no doctrine of precedent in Indonesia, so at best the decision will be persuasive in future proceedings where the same argument is encountered.