A new trademark law, which has been in circulation in draft form for some time, looks like it will be debated (and hopefully passed!) next year.
Although the House of Representatives has not historically prioritised intellectual property legislation, the Trademark Law is likely to be addressed next year as Indonesia prepares to join the Madrid Protocol (see our post here) and the ASEAN Economic Community.
In its latest form, the proposed new trademark law incorporates significant changes, including:
- new examination procedure - no substantive examination before publication for opposition purposes;
- recognition of some non-traditional marks - 3D marks, sounds, scent, and holograms;
- accommodation for electronic filing of applications for registration;
- renewal period shifted to 6 months before and after expiry (currently 12 months before);
- accommodation for Madrid Protocol applications (will need supporting regulations); and
- increased criminal penalties (up to IDR2.5billion).
Some of these changes are clearly designed to help the Trademark Office clear examination backlog, and to anticipate an expected increase in the number of applications that will be filed when the Madrid Protocol is introduced.
When the new law comes into force, all pending applications will be subject to the new law with immediate effect.