Articles

Articles

KPOPers, beware! Korea Strictly Punishes Fake KPOP Online Merchandise Sellers
May 19, 2022

KPOPers, beware! Korea Strictly Punishes Fake KPOP Online Merchandise Sellers

To combat the distribution of counterfeit Korean pop ("K-Pop") merchandise, the internet market has been closely monitored since February 2022. The Korea Intellectual Property Office, in collaboration with the Korea Music Content Association and entertainment firms, conducts this surveillance.

Riot vs Moonton: War of Intellectual Property
May 16, 2022

Riot vs Moonton: War of Intellectual Property

Discussing the case between the developers of League of Legends and their suit against the developers of Mobile Legends

The Creator of Peter Pan: A Story of Never Ending Copyright
May 09, 2022

The Creator of Peter Pan: A Story of Never Ending Copyright

The story behind the unique copyright status of Peter Pan

Your Animation Studio Needs IP Management, Here's Why...
May 06, 2022

Your Animation Studio Needs IP Management, Here's Why...

Animation, the ever evolving part of the entertainment industry in the form of moving images  that keeps gaining popularity. The animation industry is capable of giving huge amounts of profit to countries if handled properly. We can take the Japanese animation industry as an example of what is considered a successful animation industry.  

Ukraine Snake Island Trademark: Can Swear Words Be Registered as Trademark?
April 25, 2022

Ukraine Snake Island Trademark: Can Swear Words Be Registered as Trademark?

Discussing the trademark registry for a war slogan that originated from the Snake Island attack by a Russian warship, and it's hypothetical registry in Indonesia.

 3 Indonesian Female Inventors with Worldwide Patents
April 21, 2022

3 Indonesian Female Inventors with Worldwide Patents

Kartini Day is commemorated on April 21st by the Indonesian people. Celebrating equal rights for women in the spirit of Raden Ajeng Kartini Djojo Adhiningrat, who was born on April 21, 1879 in Jepara.

Who Created The Dark Knight?
April 20, 2022

Who Created The Dark Knight?

The Batman is currently sweeping theatres, threating long time fans to a thrilling detective mystery where The Dark Knight has to solve a killing spree orchestrated by the mysterious Riddle. However, did you know that the story behind the creation of Batman is just as intriguing?

Tips on Using the Portmanteau to Create a Trademark
April 19, 2022

Tips on Using the Portmanteau to Create a Trademark

According to Kim and Cho's journal "A content study of advertising transitions: Impact of brand name, persona, and appeals", brand name has a correlation with the reputation possessed by a brand. The portmanteau technique is one of methods to ‘expand’ the company’s business.

Top 5 Trade Secrets in The Food Industry
April 14, 2022

Top 5 Trade Secrets in The Food Industry

five examples of notable trade secrets in the food industry.

Uncle Vanya, the Russian McDonald's, Is it Possible to Establish its Business in Indonesia?
April 13, 2022

Uncle Vanya, the Russian McDonald's, Is it Possible to Establish its Business in Indonesia?

McDonald's officially announced the closing of all of its outlets in Russia on March 8, 2022. This decision resulted in a rather long line at numerous McDonald's locations around Russia. In response to this occurrence, a pianist from Russia self-cuffed himself in front of a McDonald's outlet.

Intellectual Property Through The Lens of Sharia Law
April 11, 2022

Intellectual Property Through The Lens of Sharia Law

Entering the month of Ramadhan, the theme of Sharia Law or Islamic Law began to be discussed quite a lot. The religious atmosphere during the fasting month which is celebrated by all Muslims encourages increased interest in learning all about religious topics, especially Sharia law, which is often used as a reference for Muslims on how to behave and carry out activities according to the Qur'an and Hadith.

Temple Grandin: The Autistic Inventor Who Revolutionized The Farming Industry
April 08, 2022

Temple Grandin: The Autistic Inventor Who Revolutionized The Farming Industry

Biography of Temple Grandin, an autistic woman who invented revolutionary farming tools and systems

Pamungkas Stumbled Upon Plagiarism Due to Adapting Poetry into Song Lyrics
March 23, 2022

Pamungkas Stumbled Upon Plagiarism Due to Adapting Poetry into Song Lyrics

Rizki Rahmahadian Pamungkas, popularly known as Pamungkas, an Indonesian musician, has been accused of plagiarism for his new single, Birdy, which was released on January 28, 2022.

Freedom of Panorama: Forbidden To Take Pictures of Eiffel Tower At Night?
March 21, 2022

Freedom of Panorama: Forbidden To Take Pictures of Eiffel Tower At Night?

Have you ever thought of taking a holiday trip to Paris? The French City is one of the most popular holiday destinations. Starting from the aesthetic of the city, to its history, everything about the city dubbed “The City of Love” succeeds in inviting tourists from all over the world.

Bangkok Changed its Name, Do All Related Brands Require to Change Theirs?
March 21, 2022

Bangkok Changed its Name, Do All Related Brands Require to Change Theirs?

The Office of the Royal Society Thailand (ORST) declared on February 15, 2022, that Thailand has changed the name of its capital from Bangkok to Krung Thep Maha Nakhon. Krung Thep Maha Nakhon directly means “Great City of Angels.” Thai people, on the other hand, abbreviate it to Krung Thep in daily conversation.

Halal Label Protected by Intellectual Property, Cannot Be Commercialized Without Permission
March 21, 2022

Halal Label Protected by Intellectual Property, Cannot Be Commercialized Without Permission

The Indonesian Halal label authorized by the Halal Product Assurance Administration (“BPJPH“) entered into force nationally in March 2022 with the Decree of the Head of BPJPH Number 40 of 2022. Meanwhile, the Indonesian Ulema Council’s (“MUI“) halal label has been formally revoked and is no longer being applied progressively. The Minister of Religion of the Republic of Indonesia, Yaqut Cholil Qoumas, disclosed the change in the halal label.

Einstein’s 4 Unique Patents
March 14, 2022

Einstein’s 4 Unique Patents

Albert Einstein may be best known for his theoretical work, namely his discovery of the theory of relativity and his contributions to the theory of quantum mechanics, but did you know that he also owned patents? Here are some of his most notable and interesting inventions

Local Proud in 'Paris Fashion Week'
March 13, 2022

Local Proud in 'Paris Fashion Week'

On February 28 to March 8, 2022, 10 (ten) local Indonesian brands participated in a fashion show in Paris, France, including Scarlett, MS Glow, DEKRANASDA, 3Second, La Sabelle, Chayra, Brand No Brand, Greenlight, Shade Signature, and Geprek Bensu.

PING-PONG: A Protected Trademark, NOT A Sport!
March 03, 2022

PING-PONG: A Protected Trademark, NOT A Sport!

Why do most international organizations and governing bodies, such as the Olympics, use the term table tennis instead of ping pong? Read the article to find out more

4 Ways to Protect your Fashion Business in the Metaverse
March 02, 2022

4 Ways to Protect your Fashion Business in the Metaverse

Metaverse gained popularity after Mark Zuckerberg renamed the parent firm Facebook to Meta and established Metaverse. Metaverse is a multi-user virtual reality suite that seamlessly blends physical reality with the digital world.

Legal Consequences of Leaking Patent Images in the Automotive Industry
February 26, 2022

Legal Consequences of Leaking Patent Images in the Automotive Industry

One of the reasons a party files a patent is to gain exclusive rights in order that its innovations are not exploited by others. However, since the patent registration procedure is prolonged, these registration application materials occasionally leak or slip into the hands of third parties. Even if the application procedure is an inevitable starting step, this is obviously highly adverse to the Inventor and Applicant as a candidate for a patent recipient.

New Regulations on Publisher’s Rights: What to Expect?
February 23, 2022

New Regulations on Publisher’s Rights: What to Expect?

Regulations for "publisher's rights" has been discussed since mentioned on National Pres Day 2022. What is it exactly? What could we expect if it was to be implemented in Indonesia?

Vaccines, AI and the rise of China: Looking Back on Patents in 2021
February 07, 2022

Vaccines, AI and the rise of China: Looking Back on Patents in 2021

Despite the collective hardships suffered due to continuing global pandemic, 2021 saw numerous interesting innovations emerging from all corners of the world. We may not know how long this condition will last, but this doesn’t mean that the people should refrain from creating and innovating. Join us as we recap a few important developments, cases and inventions in the field of patents.

NFT From The Perspective of Intellectual Property
December 12, 2021

NFT From The Perspective of Intellectual Property

What is traded in NFT? How does it work? What are the implications of NFT for intellectual property law?

Using Music Features on Instagram for Promotion Can Infringe Copyright?
November 26, 2021

Using Music Features on Instagram for Promotion Can Infringe Copyright?

Instagram Stories are one of the perfect features for business content marketing. Even though it only lasts for 24 hours, Instagram Stories are an excellent feature for running promotions. According to Business Insider, more than 200 million people use Instagram Stories every day. This means this one feature is an ideal place for promotion. This music feature is also usually used as an addition to promotions carried out by business people on Instagram. But can the use of music for commercial posts such as advertisements for online shops be categorized as copyright infringement?

History of Trademark Laws in Indonesia
November 16, 2021

History of Trademark Laws in Indonesia

Indonesia's trademark laws are relatively new, regardless, the history of Indonesian trademark laws has gone through a number of key stages.

It is OK to Use a Parody Mark?
November 13, 2021

It is OK to Use a Parody Mark?

In the previous article, we discussed the legality of parody in the realm of copyright law. In this article, we will discuss parody in the realm of trademark law. Parody is not only done on creations, there are also many sellers who use parody of well-known marks so as to give a humorous impression of the mark, and can also be one of the marketing methods to increase profits. As an example the well-known mark “ANGRY BIRDS” which was parodied as “ANGKRY NGAN” or the well-known mark “ADIDAS” which was parodied as “AINDA” and “ADIMAS”.

Terms of Plant Variety Protection
November 10, 2021

Terms of Plant Variety Protection

According to Article 2 paragraph (1) of the PVP Law, it is stated that the varieties that can be given PVP include varieties of novelty, unique, uniform, stable, and be named

History of Trademark Law
November 09, 2021

History of Trademark Law

Throughout history, merchants have always had a habit of leaving distinguishing marks on their product. How did this practice develop into modern trademarks as we know it today? And how did the idea of trademark protection come about?

Ari Menthol 10's: The Infamous IP Violating Sneakers
November 06, 2021

Ari Menthol 10's: The Infamous IP Violating Sneakers

Art can come in any form, including sneakers. Therefore, sneakers, like any other form of art, can convey a message or a statement. Such is the background of Ari Menthol 10’s

The History of Plant Variety Protection in Indonesia
November 03, 2021

The History of Plant Variety Protection in Indonesia

The Indonesian government has made efforts to improve this agricultural sector, to obtain good seeds so that the yields are higher, of course, at a lower cost. One of the ways to obtain such seeds is by research and discoveries made by "breeders" to create new plant varieties that are superior to the previous ones. Thus, in order to increase the interest and participation of individuals and legal entities to carry out plant breeding activities on inventing new superior varieties, plant breeders or plant variety protection rights holders need to be given certain rights and adequate legal protection for these rights.

Spotify and The Issue of Royalties
October 25, 2021

Spotify and The Issue of Royalties

Covering the many issues concerning royalties with music streaming platforms

WARKOPI and Intellectual Property, Where Did It Go Wrong?
October 04, 2021

WARKOPI and Intellectual Property, Where Did It Go Wrong?

In the last few weeks, the entertainment industry has become colorful with the emergence of Warkop which presents the legendary style and music of Warkop DKI (Dono, Kasino and Indro). Similar to Warkop DKI, Warkop also consists of three youths: Alfin, Sepriadi and Alfred. Their style is imitating Warkop DKI which later made the name Warkop even more famous.

Batik: Patent, Copyright or Industrial Design?
October 01, 2021

Batik: Patent, Copyright or Industrial Design?

A discussion on the IP classification for batik

Why Aren’t Industrial Design Right Extendable?
August 26, 2021

Why Aren’t Industrial Design Right Extendable?

Discussing the reasons why industrial design rights aren't extendable

Passing On Your Copyright Through Inheritance
July 28, 2021

Passing On Your Copyright Through Inheritance

Intellectual Property Rights are a form of right which are obtained by the process of thought in order to produce products, services, or processes which will be useful for the public. It is the right to economically enjoy the fruits of someone's intellectual and creativity. In terms of benefits, Intellectual Property that has been registered will then give the creator or inventor the exclusive right to utilise their creation/invention in ways they see fit, of course those ways have to be within the borders of applicable laws.

Get To Know Simple Patents and Patents
June 24, 2021

Get To Know Simple Patents and Patents

In continuation of our last article on Understanding Patents in a Simple Way, let's go over the distinction between patents and simple patents.

The Important Role of Consultants in Minimizing Rejection of Trademark Registration
June 23, 2021

The Important Role of Consultants in Minimizing Rejection of Trademark Registration

From the data officially released by the DJKI on the pdki-indonesia.dgip.go.id website which can be accessed by the public, it can be seen that the growth of trademark registration continues to increase. Even in 2020 when we have entered the Covid-19 pandemic, there is still 9.43% growth.

Alligator vs. Alligator:  Lacoste vs Crocodile
June 22, 2021

Alligator vs. Alligator: Lacoste vs Crocodile

Both brands are from different countries. One is known as an underwear manufacturer, the other is a well-known polo shirt. Or maybe do you think they are the same?

Case Study: Nokia Vs Lenovo Patent Dispute
June 08, 2021

Case Study: Nokia Vs Lenovo Patent Dispute

The action began in 2019 when Nokia sued Lenovo for claimed violation of 20 video coding patents which produced video compression technology utilized in Lenovo laptops and tablets. These incidents occurred in the United States, Brazil, India, and Germany.

OREO vs ORIORIO: The Challenges of Owning A Well-Known Trademark
May 27, 2021

OREO vs ORIORIO: The Challenges of Owning A Well-Known Trademark

Turned, licked, dipped, who is unfamiliar with this jingle? OREO, the dark colored biscuits with vanilla cream filling is quite special. The biscuits were produced by Kraft Foods and distributed in Indonesia since 1960. The fame and success of these biscuits encouraged other entrepreneurs to produce similar products with the aim of getting the same success, which in the end became a challenge for Kraft Foods as the creator and owner of the OREO trademark.

The History and Transformation of Coca Cola's Logo
May 12, 2021

The History and Transformation of Coca Cola's Logo

Who here isn't familiar with Coca-Cola? The carbonated soft drink brand can be found in almost every place, from hypermarkets, fast food restaurants, beverage vending machines, to roadside stalls. Until now, Coca-Cola has been marketed in more than 200 countries in the world. But did you know? Coca-Cola has apparently changed its brand logo more than 10 times!

Suharti's Fried Chicken Case
May 09, 2021

Suharti's Fried Chicken Case

You must be familiar with Fried Chicken Restaurant NY. SUHARTI if you are a foodie. This Fried Chicken Restaurant NY. SUHARTI, has been in Indonesia for over 30 years and is well-known for its fried chicken and sauce. Did you know that the name "Suharti" is used by two restaurants?

Do Action Figure Makers Have to Pay Royalties?
May 07, 2021

Do Action Figure Makers Have to Pay Royalties?

Action figures are small figures (superheroes, movie characters, etc.) made of plastic or other materials, which are used as toys or collectibles. However, does the making of a character's action figure require a license? Read more

Similar But Not The Same, Miniso, Usupso, Niceso, and Uniqlo Can Still Exist
May 06, 2021

Similar But Not The Same, Miniso, Usupso, Niceso, and Uniqlo Can Still Exist

Today's daily necessities are easier to find, both online and offline. For Partners who have a hobby of shopping malls, they are certainly familiar with the Uniqlo, Miniso, and Usupso brands. They are all retailers with a Japanese feel.

Not Every Font Is Copyright-Free!
May 05, 2021

Not Every Font Is Copyright-Free!

Many designers produce their work by using unique fonts (typography) to convey messages in their work. Font selection aims to attract the attention of people who see their works. Some products or brands, use unique fonts so that people may quickly remember the logo. A designer usually looks for fonts on the Internet, then they visit a website providing a variety of fonts. However, what is usually not considered when choosing the desired font is the status of the fonts.

Rematch Gudang Garam VS Gudang Baru, who will win?
May 04, 2021

Rematch Gudang Garam VS Gudang Baru, who will win?

On March 22, 2021, PT Gudang Garam Tbk filed a lawsuit for the cancellation of the trademark owned by PT Gudang Baru in the Surabaya district court. Previously, PT Gudang Baru was sued in 2012 and lost in the trial. However, PT Gudang Baru did not want to give up its trademark, so PT Gudang Garam sued PT Gudang Baru for the second time.Who is the winner of the second round trial between Gudang Garam vs Gudang Baru?

Can you go to jail for posting clips of movies on TikTok?
April 30, 2021

Can you go to jail for posting clips of movies on TikTok?

TikTok is one of the most popular apps this year with over 1 million downloads on the Apps Store and Google Store. Lately, the most popular content on the TikTok application is film content which is divided into several sections. But did Partners know that uploading footage on TikTok can be punished?

Who Holds the Royalties After Dark Is the Light?
April 20, 2021

Who Holds the Royalties After Dark Is the Light?

Every April 21 we commemorate it as Kartini's day to honor and commemorate the struggle of R.A. Kartini as a pioneer of women's awakening in Indonesia. R.A. Kartini struggled so that women have equality with men, especially in the field of education. Apart from his struggles, one thing that cannot be separated from the story of Kartini's struggles is a book entitled "After Darkness, Is the Light," which is interesting for us to discuss, because it is an object of intellectual property.

Same Car Different Mark, How Come ?
April 08, 2021

Same Car Different Mark, How Come ?

The increasing growth of motorized vehicles does not only happen on cars in different marks and types, however it also happens on cars in the same type, but from different marks. For example Avanza & Xenia, Rush & Terios, Agya & Ayla, etc. Fortunately, all these cars are produced by Toyota and Daihatsu, besides, there are also many “similar but different” products from Nissan, Mazda, or Mitsubishi. Why did it happen? Are there piracy practices here?

BJ Habibie, Former President of the Republic of Indonesia Owns 46 Aeronautical Patents
April 05, 2021

BJ Habibie, Former President of the Republic of Indonesia Owns 46 Aeronautical Patents

The 3rd President and 7th Vice President of the Unitary State of the Republic of Indonesia, who is familiarly called BJ Habibie or Habibie, born in Pare-Pare, South Sulawesi, has shown intelligence and high enthusiasm for science and technology, especially physics since he was young.

Plagiarism on Copyright :
March 29, 2021

Plagiarism on Copyright :

Who doesn't know Ernest Prakasa? A stand-up comedian, actor, writer, presenter, and director from Indonesia. Ernest started his career by participating in the Stand Up Comedy Indonesia event, then at various events, Ernest then penetrated the Indonesian film industry. There are many movies directed by Ernest Prakasa namely, Ngenest, Cek Shop Next door, Milly & Mamet, Imperfect etc. What's more, Ernest has also succeeded in entertaining Indonesian film lovers with the series that he has directed.

Intellectual property rights in filmmaking (trademark and merchandising)
March 16, 2021

Intellectual property rights in filmmaking (trademark and merchandising)

To get more profit from the films produced, usually film studios make merchandise related to the movie. Who doesn't know the Transformers movie, this movie is liked by adults and children alike because of its exciting and thrilling. Apart from the movies, transformers are also favored by children because of the merchandise in the form of action figure toys. It is not uncommon for us to see collaborations between transformers and other clothing and toy brands. The question is whether the movie title gets copyrighted?

Does Parody Violate Copyright ?
March 09, 2021

Does Parody Violate Copyright ?

Parody is one of the works which entertained the public since of the "comedy" impression in it. Basically, parody is understood as the art of expressing something with criticism and ridicule or, giving comments using the work of others, whether taking snippets of films, poems, songs, novels, advertisements or an event that is currently famous in society with humor. Parody based on the Indonesian Dictionary (KBBI) is a literary or artistic work that deliberately mimics the style, the words of the writer, or other creator with the intention of looking for the effect of humor.

Intellectual property rights in filmmaking (protection of funds and rights of actors)
March 08, 2021

Intellectual property rights in filmmaking (protection of funds and rights of actors)

In making a film, funding is the most important thing, because all production activities require funds. To support these intellectual property rights, a good chain of title is needed. chain of title is a series of documents that establish ownership rights in a film. Chain of title is very important for film buyers and film distributors, because the document establishes the correctness of the owner's rights (or rights under a license) to intellectual property in the film, book, or encyclopedia. Chain of title is a very valuable asset, because without a clear chain of title, selling film properties becomes difficult. Everyone involved in the production of making a film has their respective copyright, such as actors, producers, scriptwriters and others. Creating a clear chain of title can increase the opportunity to raise funds for film production and distribution.

Intellectual property rights in filmmaking (Technical & technological innovation)
March 07, 2021

Intellectual property rights in filmmaking (Technical & technological innovation)

Technology is the main weapon in filmmaking. Good films are usually supported by qualified technology, such as cameras, lighting, sound and special effects. The combination of various kinds of technology will create an extraordinary creation or work. Along with the times, technology in filmmaking has also developed, so that the edits and images look more realistic and clear. But did you know that this technology can be patented?

Intellectual property rights in filmmaking (script)
March 05, 2021

Intellectual property rights in filmmaking (script)

Making a film usually begins with making a script. The script in a film or what is often called a scenario is a blueprint written for a film or television show. Scripts are usually written by a team of scriptwriters made in the form of original preparations (new works) or adaptations of existing writings such as novels, dramas, or comic books.

Intellectual property rights to fictional characters
March 03, 2021

Intellectual property rights to fictional characters

Who doesn't know  superheroes like superman, batman and spiderman. The superhero is a fictional character created only for the benefit of comics and films. Quoted from wikipedia " A fictional character is a person, persona, identity, or character that comes from a work of fiction".  These fictional characters have enormous economic value for film and comic companies. But is there a law that regulates the protection of creating fictional characters?

Can memes violate copyright?
March 01, 2021

Can memes violate copyright?

In modern times, memes are quite popular among all circles, but what do memes actually mean? A meme is an idea, behavior, or style that is passed from one person to another in a culture, usually as an image. Memes are used to share experiences, express thoughts and to create entertainment using text, images and videos. But have you ever thought that creating or distributing memes could be subject to copyright infringement?

Can we imitate or use other people's content?
February 27, 2021

Can we imitate or use other people's content?

Social media is a platform that is very popular with all people in Indonesia. Almost everyone has a social media account and uses it every day. There are many benefits that we can get from using social media, apart from entertainment, many people use social media for their business, some even use social media for their livelihoods. Because being a content creator is considered cool by young people, many young people today aspire to be content creators, such as Celebgram, YouTubers or TikTokers.

The law of sale of imitate products
February 25, 2021

The law of sale of imitate products

Counterfeit products are imitation products that are made as closely as possible from the original product. With the increasing need for public consumption, counterfeit products are very popular because by buying counterfeit products we can buy products that are similar to well-known brand products at low prices even though the quality provided is still far from it of the original product.

The tragic story behind the founding of mcdonald's
February 24, 2021

The tragic story behind the founding of mcdonald's

People in Indonesia must be familiar with McDonald's. McDonald's is a fast food restaurant that was founded in America. Itsgood taste, affordable and fast service make this restaurant popular among people all over the world. Behind the success of this restaurant franchise, it lies a tragic story behind it. The following is a story about the founding of McDonald's and the lessons we can take from this story.

What is Public Domain?
February 22, 2021

What is Public Domain?

Covering the concept of "pubic domain"

Copyright Infringement by Grand Indonesia Mall and What We Should Learn From It
January 29, 2021

Copyright Infringement by Grand Indonesia Mall and What We Should Learn From It

Grand Indonesia Mall was found to have breached Copyright because it utilized a sketch of the welcome monument as a logo without the authorization of the Copyright owners, particularly Henk Ngantung's heirs.

Patent Pooling and its harmonization with competition law in Indonesia
January 11, 2021

Patent Pooling and its harmonization with competition law in Indonesia

Patent Pooling can be defined as an agreement between two or more patent owners to license their patent to one another or to third party. The agreement is a License Agreement. Frequently, Patent Pooling is linked to complex technologies which require a complementary to provide an efficient technical solution. Generally, Patent Pooling covers a mature technology. Patent pooling also represent basic industrial standard that supplies companies with a required technology for developing a compatible products and services. In that case, they often provide more attention to an under developed technology.

Spectrum of Distinctiveness in Trademark
January 06, 2021

Spectrum of Distinctiveness in Trademark

Based on the above provision, it can be clearly seen that a trademark is a sign which has a function to distinguish product produced or sold by one producer from another. Trademark is a unique identity or identifier of a product, thus one of the requirements for a trademark to be registered is the mark must have a distinctiveness. As regulated in Article 20 of the Trademark Law which states that a mark cannot be registered if it does not have distinctiveness. Distinctive of a trademark is the ability of trademark to identify the source of goods in order to distinguish between goods and services

Indonesia-Denmark Agreement regarding Intellectual Property
January 05, 2021

Indonesia-Denmark Agreement regarding Intellectual Property

On December 7th 2020, Indonesian government through Directorate General of Intellectual Property (DJKI) signed a Memorandum of Understanding (MoU) with Denmark Patent and Trademark Office (DKPTO).

How to prevent copyright stealing on YouTube
June 29, 2020

How to prevent copyright stealing on YouTube

Making a creation and putting it in on a platform like YouTube has become common. At this time, many people can achieve a success through this pathway. Starting from gaming creator content, talkshow, live streamer, or music creation. Discussing about music, Anji, as one of Indonesian musician, discussed the current crimes that are still happening in digital music industry.

BENEFIT OF OWNING A TRADEMARK RIGHT
June 24, 2020

BENEFIT OF OWNING A TRADEMARK RIGHT

Pursuant to the Article 1 point 5 of Indonesian Law No. 20 of 2016 on Trademark and Geographical Indication, Trademark Right shall mean an exclusive right granted by the State to the owner of registered Mark for a certain period of time to exclusively use such Mark only for him/her or to grant license to other parties to use such Mark. Referring to the said meaning, the trademark owner has fully right of his/her trademark including to forbid other parties in using the trademark or the trademark which is considered having a similarity in essential or entirety to his/her trademark.

COMMON WORD AS MARK
May 27, 2020

COMMON WORD AS MARK

Common word can be filed as a mark as long as it has distinguishing elements from other marks. This is in accordance with the regulation of Article 22 of Law No. 20 of 2016 regarding Trademark and Geographical Indication that “For Registered Mark that subsequently becomes generic name, each Individual may submit Mark Application by using the referred generic name with addition of other wording, as long as there is a differentiating element.”

SUBSTANTIVE EXAMINATION OF APPLICATION FOR REGISTRATION OF MARK
May 13, 2020

SUBSTANTIVE EXAMINATION OF APPLICATION FOR REGISTRATION OF MARK

What is a substantive examination? According to Article 23 Paragraph 1 of Law No. 20 of 2016 regarding Trademark and Geographical Indication, a substantive examination is an examination carried out by the Examiner to application for registration of Mark.

INTERNATIONAL ORGANIZATION ASK COVID-19 VACCINE FREE OF PATENT AND CHEAP
May 06, 2020

INTERNATIONAL ORGANIZATION ASK COVID-19 VACCINE FREE OF PATENT AND CHEAP

In relation to the corona virus pandemic (COVID-19), Oxfam International Non-Provit Organization which is consisted of some organizations in a world and was founded in 1942 in Oxford, insists policy makers and global pharmaceutical companies to release patents for the COVID-19 vaccine and with low production and distribution costs.

IS IT POSSIBLE FOR THE INTELLECTUAL PROPERTY BECOMES FINANCING PLEDGE?
April 28, 2020

IS IT POSSIBLE FOR THE INTELLECTUAL PROPERTY BECOMES FINANCING PLEDGE?

Intellectual Property is categorized as intangible assets having economic value. It means commercially the intellectual property can be assigned, resold, or licensed. Therefore, actually the intellectual properties are valuable assets and also become particular sources of financing for macro or micro companies.

The inventor of 4G, 5G, and 6G from ITB getting inspiration from the holy Quran and Hadist
April 14, 2020

The inventor of 4G, 5G, and 6G from ITB getting inspiration from the holy Quran and Hadist

The expert of coding and Indonesian telecommunication from Technology Institute of Bandung (ITB), Dr. Eng. Khoirul Anwar reveals the greatest course at the time of learning holy Quran and hadist in his research. The professor owning 8 (eight) international patents in telecommunication field admits getting inspiration from Quran and Sunnah in discovering basic theories for 5G and 6G technology.

FINALLY, UNILEVER PLC WITHDREW THEIR LAWSUIT AGAINST THE TRADEMARK “NIVEA BLUE COLOR”
April 09, 2020

FINALLY, UNILEVER PLC WITHDREW THEIR LAWSUIT AGAINST THE TRADEMARK “NIVEA BLUE COLOR”

After running approximately 10 years, Unilever PLC as the party who filed an invalidation lawsuit against the trademark “Nivea Blue Color Pantone 280 C” in the name of Beiersdorf AG decided to stop and withdraw the said invalidation lawsuit. This withdrawal of invalidation lawsuit shows that Beiersdorf AG as the proprietor of registered trademark still has an exclusive right of trademark Nivea Blue Color.

A TRADEMARK CANNOT BE REGISTERED BASED ON THE TRADEMARK AND GEOGRAPHICAL INDICATION LAW CORRELATED TO OTHER LAWS
April 06, 2020

A TRADEMARK CANNOT BE REGISTERED BASED ON THE TRADEMARK AND GEOGRAPHICAL INDICATION LAW CORRELATED TO OTHER LAWS

A trademark application cannot be registered due to many reasons, i.e. if the said application contradicts with the Trademark and Geographical Indication Law No. 20 of 2016 (hereinafter referred to as “UUM and IG”), specifically to the Article 20 letter c which asserts “A Mark cannot be Registered if contains elements that may mislead the society on the nature, quality, type, measurement, category, purpose of the usage of goods and/or services applied for registration or it is a name of protected plant variety for similar goods and/or services”

CORONA VIRUS (COVID-19) AND PATENT
March 31, 2020

CORONA VIRUS (COVID-19) AND PATENT

International is being busy facing the corona virus, i.e.COVID-19. Some scientists in this world are attempting to find anti-virus of COVID-19 in order to overcome massively dissemination of the corona virus. The Chinese scientist has currently filed a patent application owned by Gilead Sciences Inc in China Patent & Trademark Office. Unfortunately, his invention cannot be licensed or approved in nowhere of this world.

POLEMIC OF DISCOURSE TO REMOVE ARTICLE 20 OF PATENT LAW NUMBER 13 YEAR 2016 VIA OMNIBUS LAW
March 19, 2020

POLEMIC OF DISCOURSE TO REMOVE ARTICLE 20 OF PATENT LAW NUMBER 13 YEAR 2016 VIA OMNIBUS LAW

Recently, OMNIBUS LAW becomes a main issue and is even debated by the interested parties, considering if Omnibus Bill is applied and enacted, not only related to licensing and employment, but also will have a strict impact on Intellectual Property regulation, especially in the field of patent stipulated in Law No. 13 Year 2016 (hereinafter referred to as "Patent Law").

Cadbury and The Purple Color Trademark
February 25, 2020

Cadbury and The Purple Color Trademark

Cadbury is a mark of chocolate and candy that is already very well known in the world and has been existed for almost 100 years. The distinctive feature attached to this British chocolate is its purple packaging. Strongly attached to these characteristics, Cadbury mark chocolate can be easily recognized and distinguished by consumer just by looking at the packaging color. This opportunity was used by Cadbury to propose the "purple" color especially for the purple pantone type 2685C as a single-color mark in 1995. Three years later the "purple" mark was registered at the British Trademark Office by protecting the type of goods "chocolate in the form of bar or tablet."

Three Times in The Chinese Court, Bridgestone Won All The Industrial Design Lawsuit
February 10, 2020

Three Times in The Chinese Court, Bridgestone Won All The Industrial Design Lawsuit

Industrial Design as a legal branch of Intellectual Property Rights has value and benefits for industries that must be protected. The Protection of Industrial Design makes Designers more creative and productive in creating and producing industrial design works. The use of an industrial design that belongs to someone or someone's creation must have reciprocity between the right holder and the user of a design in the principle of protection of intellectual property rights namely the Principle of Justice and Economics.

Extension of Time for Fulfillment of Obligation of Unpaid Annuity Fees
January 23, 2020

Extension of Time for Fulfillment of Obligation of Unpaid Annuity Fees

As you may be aware that the Directorate General of Intellectual Property had issued a Circular Letter on Fulfilment of the Obligation for Unpaid Patent Annual Fees on August 16, 2018, and Notification (Reminder) regarding the Deadline of Circular Letter of Directorate General of Intellectual Property dated August 5, 2019, wherein the Circular Letter is requesting the Patent Holder(s) who still have unpaid annuity fees for the abandoned patent cases prior to August 26, 2016, to settle up all of the unpaid annuity fees within the deadline of August 17, 2019.

Geographical Indications as Reputation, Quality and Characteristics Indications
January 06, 2020

Geographical Indications as Reputation, Quality and Characteristics Indications

Geographical Indication is part of intellectual property which is a sign that indicates the area of ??origin of goods and/or products which due to geographical environmental factors are able to provide a certain reputation, quality, and characteristics of the goods and / or products produced so as to increase the sale value of the goods and / or product.

Indonesian Government finally issues the Law of Creative Economy No. 24 of 2019
December 30, 2019

Indonesian Government finally issues the Law of Creative Economy No. 24 of 2019

One of the attentions of the Indonesian Government under President Joko Widodo is to the creative economy. Remembering that Indonesia’s diversity of culture should be considered as a treasure, the President has a high expectation that Indonesia can maximize the utilization of its cultures. In this case, to maximize the potential of creative economy, the Indonesian Government finally issued the Law No. 24 of 2019 regarding Creative Economy (Creative Economy Law) on 24 October 2019.

ARTIFICIAL INTELLIGENCE (AI)
December 30, 2019

ARTIFICIAL INTELLIGENCE (AI)

In computer science, artificial intelligence (AI), sometimes called machine intelligence, is intelligence demonstrated by machines, in contrast to the natural intelligence displayed by humans. Nowadays, the development of artificial intelligence is very rapid and there is no doubt that AI is creeping into our lives slowly but surely.

The Protection of Copyright on Street Style Photograph in Indonesia
November 29, 2019

The Protection of Copyright on Street Style Photograph in Indonesia

Nowadays, street style photograph is one of the hottest items within the fashion industry since it becomes the new way for fashion brands to promote their products through many parties such as highly-followers fashion influencers, models, and artists. So many fashion brands dig deeply their pocket to give their products as a gift to highly-followers fashion influencers, models, and artists for the purpose of street style marketing

Pelindungan Hukum atas Merek Tidak Senonoh berdasarkan Undang-Undang No. 20 Tahun 2016 tentang Merek dan Indikasi Geografis
October 28, 2019

Pelindungan Hukum atas Merek Tidak Senonoh berdasarkan Undang-Undang No. 20 Tahun 2016 tentang Merek dan Indikasi Geografis

alam hal ini, dapat disadari bahwa merek memiliki peran yang besar bagi produsen dalam menjual produk-produknya ke konsumen karena merek menjadi identitas dari suatu produk. Selanjutnya, dalam hal menentukan merek yang akan digunakan, para pemilik merek memiliki kebebasaan dalam menentukan merek seperti apa yang mereka inginkan untuk menjadi identitas dari produk-produk mereka. Namun demikian, para pemilik merek dalam pembuatan mereknya harus memperhatikan ketentuan-ketentuan yang berlaku berdasarkan Undang-Undang Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografis (UU Merek).

Legal Protection of Indecent Trademark based on Law No. 20 year 2016 concerning Trademark and Geographic Indications
October 28, 2019

Legal Protection of Indecent Trademark based on Law No. 20 year 2016 concerning Trademark and Geographic Indications

Trademark has several functions in trade, namely to show the origin of goods to consumer, as a product differentiator, as well as a guarantor of product quality and promotion. [1] In this case, it can be realized that Trademark has a great role for manufacturer in selling its products to consumers because the Trademark becomes the identity of a product. Furthermore, in terms of determining the Trademark to be used, the Trademark owners have freedom to determine the Trademark as what they want to be the identity of their products. However, trademark owners must pay attention to the provisions that apply under the Law Number 20 Year 2016 concerning Trademark and Geographic Indications (Trademark Law). The first thing that the trademark owner must pay attention to is the provision in Article 1 paragraph (1) of the Trademark Law which explains the Trademark definition as follows:

Arbitration & Mediation as an Alternative Dispute Resolution  for Intellectual Property Case
October 17, 2019

Arbitration & Mediation as an Alternative Dispute Resolution for Intellectual Property Case

In today’s globalization of trade, the increasing of commercialization of Intellectual Property Rights (IPR) can be an important asset owned by rights holders on economic factors. However, the real impact of such rights holders also give rise problems or disputes causing economical losses for the owners of intellectual property rights in their activities.

The Effect of the Issuance of Presidential Regulation No. 63 of 2019 on the Use of Indonesian Language for Trademarks Owned by the Indonesian Citizens and/or Indonesian Legal Entities
October 16, 2019

The Effect of the Issuance of Presidential Regulation No. 63 of 2019 on the Use of Indonesian Language for Trademarks Owned by the Indonesian Citizens and/or Indonesian Legal Entities

The President of Indonesia finally issued the Presidential Regulation No. 63 of 2019 on the Use of Indonesian Language (Regulation 63/2019) on 30 September 2019 in order to replace the Presidential regulation No. 16 of 2010 on the Use of Indonesian Language in the Official Speech of President and/or Vice President along with other State Officials, and to support the Law No. 24 of 2009 regarding the National Flag, Language, Coat of Arms and Anthem (Language Law 24/2009).

McDonald's Losing Its Mc in Europe
August 30, 2019

McDonald's Losing Its Mc in Europe

McDonald's has lost its mark protection to one of its mark, "Mc" after previously losing its mark protection to its "Bigmac" mark. Cancellation of "Mc" mark re-registration was based on objections raised by rival company Supermac's European Union Intellectual Property Office (EUIPO). The case between McDonald's and Supermac's began with Supermac's difficulties in applying for registration of the "Supermac's" mark in the European Union because it was always prevented by McDonald's parties who objected to EUIPO on the basis that they had an exclusive right to use the word "Mc" so that there should be no other party who may use the mark other than McDonald's.

2019 Becomes the Year of Industrial Design & Finalization of Industrial Design Bill
August 26, 2019

2019 Becomes the Year of Industrial Design & Finalization of Industrial Design Bill

Currently the protection of industrial design both nationally and internationally has experienced a very significant development. This can be seen from the emergence of various types of industrial products that are rapidly changing and unique in the shape. Protection of industrial design rights actually has a close correlation with the increase in designer creation that can make a major contribution, both for designer and the country.

Porsche loses its industrial design protection
July 16, 2019

Porsche loses its industrial design protection

In the current globalization of trade, people have lived in very fast changing industry era, one of which is the creation or industrial design. Development and change that occur in the automotive industry, such as "Designing Cars". Today many Designers produce creative and innovative creations in making car designs, so that a creation can bring about better change and certainly can increase value to the automotive industry in the world.

Adidas loses protection of
July 09, 2019

Adidas loses protection of

On June 19, 2019, the European Union General Court ruled that Adidas AG's "3 Lines" mark was canceled for registration in the European Union. The reason for canceling the mark is that the Court considers that Adidas's mark does not have sufficient distinguishing power to be protected as a trademark so that the decision of the European Union Intellectual Property Office (EUIPO) to cancel Adidas's "3 Lines" trademark is appropriate.

Folding Screen Smartphone, a Patent Trend in 2019
May 24, 2019

Folding Screen Smartphone, a Patent Trend in 2019

In the current digital era, technological developments in the world are increasingly advanced and sophisticated. Especially in 2019, it has been a surprise for the unique and sophisticated technological developments in the field of gadgets or folding screen smartphones. Mobile phone manufacturers such as Samsung, Apple, LG, Xiaomi, Oppo, Huawei, Sharp, Motorola and others have made folding screen smartphones that will be presented this year with a style of design and functionality that is different from their competitors.

One Door System of Collecting the Music Royalties in Indonesia
May 22, 2019

One Door System of Collecting the Music Royalties in Indonesia

Indonesian Directorate General of Intellectual Property (Indonesian IP Office) and National Collective Management Organization (NCMO) along with 8 (eight) Collective Management Organizations (CMOs) such as KCI, WAMI, RAI, SELMI, PAPPRI, ARDI, ARMINDO and SMI agreed on “Deklarasi Bali” in Bali on April 26, 2019.

Repost Movie Trailer or Youtube Video on Instagram Potential to Violate Copyright
April 24, 2019

Repost Movie Trailer or Youtube Video on Instagram Potential to Violate Copyright

In today's digital era, people are faced with world technology that is able to connect people with other communities through social media using internet. All information can be easily obtained through social media. One of the most popular social media by public today is Instagram. Through Instagram, each user can easily get information about everything from information on economic, politic, traffic, job vacancies and so on, even Instagram user can also share information about daily activities in photo or video for other users.

The Withdrawn Patent Application is Now Can Be Revived Based on The Regulation of Ministry of Law and Human Rights No. 38 of 2018 concerning Patent Application
April 05, 2019

The Withdrawn Patent Application is Now Can Be Revived Based on The Regulation of Ministry of Law and Human Rights No. 38 of 2018 concerning Patent Application

As it is known, in obtaining a patent, it must be based on the Application requested by the Applicant to the Minister in writing in Indonesian by paying a fee. In the event that the formal requirements of the Patent Application are incomplete, the Minister will inform the Applicant to fulfill the requirements of the Application within a period of 3 (three) months from the date of notification sent by the Minister and can be extended at most for 2 (two) month.

Mark Counterfeit Prevention by AMAZON's
April 05, 2019

Mark Counterfeit Prevention by AMAZON's

As is known, in the modern era trade in goods and/or services can not only be done through conventional means but trade can also be done through electronic commerce (e-commerce). Various facilities are offered through e-commerce so that the activity is much in demand by public because consumers are given the convenience to buy goods using only electronic devices such as computer, laptop and handphone.