The recognition and protection of well-known trade marks in Indonesia

Antons, Christoph 2008, The recognition and protection of well-known trade marks in Indonesia, Journal of intellectual property law & practice, vol. 3, no. 3, pp. 185-193, doi: 10.1093/jiplp/jpm252.

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Title The recognition and protection of well-known trade marks in Indonesia
Author(s) Antons, Christoph
Journal name Journal of intellectual property law & practice
Volume number 3
Issue number 3
Start page 185
End page 193
Total pages 9
Publisher Oxford University Press
Place of publication Oxford, England
Publication date 2008
ISSN 1747-1540
Summary Legal context The recognition and protection of well-known marks in Indonesia has improved over the last few years for a variety of reasons.

Key points First, the Asian Crisis resulted in the creation of a Commercial Court, which is a clear improvement over the previously responsible District Courts. Secondly, the increasingly frequent publication of court decisions has improved transparency and consistency of those decisions. Well-known marks are now clearly protected against use for similar goods/services. Protection is extended to dissimilar goods/services by applying Article 16(3) TRIPS directly or by arguing that registration occurred in bad faith. Nevertheless, decisions thus far concern almost exclusively revocation and invalidity of registrations. Civil remedies such as damages and interim injunctions are hardly used, because the outdated civil procedural law has not familiarised judges with such legal instruments. Clearing the register of infringing registrations is another matter of concern. Cancellation for non-use for three consecutive years can be difficult, because the plaintiff is required to provide evidence of the last use in the production of the goods/services rather than in the course of trade more generally.

Practical significance While it has become much easier to protect well-known marks in Indonesia, much work remains to be done regarding the procedural framework of civil infringement proceedings and regarding the clearing of the register.
Language eng
DOI 10.1093/jiplp/jpm252
Field of Research 189999 Law and Legal Studies not elsewhere classified
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1.1 Refereed article in a scholarly journal
Copyright notice ©2008, Oxford University Press
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