Further to our earlier news alert on the new Indonesian Trade Mark law, we can confirm that the law named Law 20 of 2016 on Marks and Geographical Indications has been enacted on 25 November 2016.
Some of the significant changes include:
- Simplification of the trade mark application process so that a filing date will be assigned provided that the application form and trade mark are provided and the official fees are paid.
- Pre-grant Opposition - the opposition period has been reduced to 2 months from publication and publication will occur prior to substantive examination. The purpose of these amendments is aimed at accelerating the application process as the substantive examination is designed to also examine any possible oppositions that may be filed against a trademark application. Whilst Examiners should still reject an application on the basis of a prior similar mark during the substantive examination stage, it is important for brand owners to closely watch the publication of applications in Indonesia to ensure that they protect their own rights by filing oppositions where necessary.
- Introduction of a 6 month grace period for late renewal of a registration making renewal possible 6 months prior to the renewal date and 6 months after expiry.
- Assignment of a pending trade mark application will be permitted.
- Introduction of protection for non-traditional trade marks in the form of sound marks, 3D marks and holograms as well as geographical indications.
- Provides for the registration of International trade marks under the Madrid Protocol (once the necessary Regulations are enacted).
- Increased criminal sanctions for trade mark infringements and greater punishment for counterfeits.
The implementing Regulations of Law 20/2016 (which will be in the form of Minister Decree) should be issued before the end of December 2016.