Progress is being made towards implementation of Indonesia’s new Trademark Law.
The Directorate-Genearl of Intellectual Property has been working on a draft law since 2012. According to the DGIP blog (see here), only a few further amendments are required to an advanced-stage draft before it is ready for submission to the House of Representatives. The Director of Trademarks (Bambang Djajaatmadja) has said he hopes that the new Trademark Law will be intensively debated in the House of Representatives early in 2015. The Director General (Ahmad Ramli) has noted that the new law is line with recently inaugurated President Joko Widodo’s plans to develop a creative economy and national innovation, indicating that it is a priority.
Aspects of the new law that are still subject to debate include:
- authority of the Trademark Appeals Commission;
- procedures for renewing trademarks online; and
- registration of collective trademarks by government authorities.
The new law will introduce significant changes, including;
- new examination procedures - 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).
It is widely expected that the new law will be issued by the end of 2015, so the Madrid Protocol is introduced before the ASEAN Economic Community is formed.