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Newsletter June 2013 7th Edition
10 Juli 2013
MOU Program Be Safe With Genuine
Directorate
General of Intellectual Property Rights (DGIP) signed a Memorandum of
Understanding (MOU) with the Indonesian Anti-Counterfeiting Society
(MIAP). One of the basis in signing the MOU is the several findings from
forensic computer experts (SEA Forensic Study: Malware Study 2013) that
the distribution of pirated software always carries the risk of a
malicious virus or a new malware outbreak that highly detrimental to
consumers, either for companies or individuals. The Director General of Intellectual Property Rights, Mr. Ahmad Ramli, said that the findings are very important and DGIP will deal with this issue seriously in order to protect the consumer interests. He also said that DGIP will conduct any legal effort that deem necessary in case they find any parties, including computer sellers who sell computer with the pirated software (illegal), since there will be a risk of malware for consumers. Further, DGIP will carry out maximum efforts to ensure that the business community, including user and seller of computer also consumer become more aware of the risks which could cause the loss. Moreover,
the Director of Investigation of DGIP, Drs. Moh. Adri S.H., has also
promised that the tagline such as "Be Safe With Genuine" is not only a
tagline but it will take firm action against the perpetrators or for
those who commit violations on the Intellectual Property Rights. (March, 2013) source DGIP. The 13th World IPR day "Non Stop Innovation toward Domestic Success" The
celebration of World Intellectual Property Day in 2013 was held with a
different concept. If in the past two years took place at the
Presidential Palace (2011) and also at the Vice President Palace (2012),
this year the celebration took place in a public area in downtown
Jakarta, precisely at the Blitz Megaplex, Grand Indonesia. The DGIP has
chosen Blitz Megaplex as an attempt to get closer with the public. In the said commemoration, the numerous awards were given to the people who have creativity, innovation, and appreciation of the IPR, namely:
Further, in this occasion
the Ministry of Law and Human Rights signed the Memorandum of
Understanding (MOU) between the three ministries and two state-owned
enterprises. The three ministries are the Ministry of Tourism and
Creative Economy; Ministry of Communications and Information Technology
(Ministry of Communication), and Ministry of Health (MoH), meanwhile,
the two state-owned enterprises are the State Electricity Company (PLN)
and National Nuclear Energy Agency (BATAN). (April 2013) source DGIP. Preparation of draft regulation regarding Patent Cooperation Treaty Directorate
of Patent of the Directorate General of Intellectual Property Rights
(DGIP) held a Focus Group Discussion (FGD) on Patent Cooperation Treaty
(PCT) together with stakeholders of DGIP with the theme "Priority Rights
and Patent Cooperation Treaty". In accordance with the above mentioned
exposure, DGIP is preparing the draft of Regulation which can unify the
comprehension of PCT for all relevant parties. The
FGD is highly important as an attempt to gathering input, information
or feedback from stakeholders regarding the Priority Rights and patent
application through PCT which is one of the material to be regulated in
the regulation (Terms and Conditions) of Patent Application Procedures
as a replacement of Government Regulation No. 34 of 1991 concerning
Patent Application Procedures as implementing regulation for the
previous Patent Law No. 6 of 1989, which at this present is no longer
relevant as implementing regulation based on Law No. 14 of 2001
concerning Patent. In
accordance with the dynamic development of patent filing application
through PCT, it is necessary to establish a revision of Government
Regulation No. 34 of 1991 regarding Patent Application Procedures. In
the Draft Regulation will set the requirements and procedures for
application of patents including the Priority Right and PCT. In
addition, the Draft Regulation will be socialized to the wider community
and are expected to seek an input, in order to contribute more
comprehensive results. Therefore, the nature and functions of this
government regulation as the Implementing Regulations mandated by the
law may be applied and be able to achieve the maximum goals and
objectives. This Draft Regulation is expected to be drawn up a concrete
proof of the governments earnest efforts to preserve national interests,
particularly in contributing the development of national laws. (May 2013) Source DGIP. Technical Consultation on Collective Management Society Director
General of Intellectual Property Rights, Prof. Dr. Ahmad M. Ramli, SH,
MH, FCBArb, officially open the Technical Consultation on Collective
Management Society which was held on May 30 - 31, 2013 at Hotel Sahid,
Jakarta. The event was held based on the growing of Collective
Management Society (CMS) in Indonesia that could raise legal problems
which lead to discomfort in carrying out of royalty payments. Nowadays,
the CMS existence in Indonesia that does not run smoothly nowadays is
due to the misunderstanding between CMS creator and CMS producer. The
synergy of all elements that support national copyright systems should
be continuously developed, strengthening each other to protect the
rights optimally, legal certainty as a necessity, solid, strong,
transparent and accountable CMS. The National CMS that become
coordinator for the pre-existing CMS is remains acclaimed as a legal
entity which has the main goal is to simplify the bureaucracy for music
licensing users with optimal use of information technology. (May 2013) source DGIP. Indonesia Geographical Indications On
June 3, 2013, Geographical Indication Experts Team (TAIG) Indonesia was
held a meeting of Substantive Examination results presented by the
Society of Protection of Geographical Indications (MIPG) from 3 (three)
different regions in Indonesia. Arabica coffee Java Ijen Raung (East
Java), Arabica Coffee Java Preanger (West Java) and Patchouli Oil Aceh
(Aceh Special Region) are the names of the Geographical Indications that
being examined in order to obtain certificates from the Ministry of Law
and Human Rights cq. the Directorate General of Intellectual Property
Rights. TAIG
has evaluating the report as set forth in the Book of Requirements from
each MIPG. In the period of March to May 2013, to evaluate the Book of
Requirements, TAIG has been conducting a field examination and
interviews the members of MIPG. Beside to ensure the credibility of the
applicant / MIPG, the field team also ensures the detailed
specifications of each product characteristic. For examples, to examine
the categories of assessment material characteristics for Geographical
Indications of a coffee are:
A product could be
categorized have a specialty/distinctiveness if it has reached a certain
score. For example Arabica Coffee Java Preanger and Arabica Coffee Java
Ijen Raung have reached a score of 80. This indicates that the
distinctive taste of both coffees cant be obtained if they are planted
in other areas. Further,
there are only 18 registrations of Geographical Indications which
currently have been registered in Indonesia. In regards with that, the
MIPG are expected to increase their registration for Geographical
Indications in Indonesia and the authority under MIPG will be able to
improve the welfare of farmers and built a preserves for Geographical
Indications in Indonesia territory. (May 2013) Source DGIP. MCM cassation was granted by the Supreme Court Swiss
top fashion product Moderne Cration Munchen (MCM) has been
sucessfully defeat local product bearing the same trademark. As
stipulated in the decision by the Supreme Court, the case was start when
MCM found out that their product is being plagiarized by local
businessman. Having an objection to that, MCM file a cancellation action
to the Jakarta Commercial Court. MCM
stated that their trademark is a well-known mark in every countries
around the world that proven by having boutiqe in the USA, Singapore,
the United Kingdom, Canada, Malaysia and South Africa. Beside having
trademark registration in the said countries, MCM also has conduct
promotion and marketing. However,
the cancellation suit was rejected by the first instance court, that
makes MCM file a cassation to the Supreme Court. In the consideration,
the Supreme Court stated that the Commercial Court has been mistakenly
implementing the laws, since in the evidences shows that MCM is a
well-known mark not only in other countries, but also in Indonesia.
Based on the said decision, the local mark MCM was cancelled and should
be crossed out from the General Register of a Mark. (May 2013) Source detik.com. Patent for Fish Box Packaging was cancelled Supreme
Court cancelled patent certificate owned by Sukar Prayitno (Defendant)
with the title Packaging of Fresh or Live Fish for Air Transportation
and the Packaging Methods since it has no novelty and lack of
innovation. The
Defendant was sued by PT Kemas Ciptatama Sempurna, PT Maxfos Prima, and
PT Akrilikkurnia Kencana (Plaintiffs). The Plaintiffs are top companies
in Indonesia for packaging since 1989. The
said packaging is made from styrofoam in rectangle shape and has a
cover on top of it. The use of this packaging is to store a fresh or
life fish for the purpose of delivery by air. The Plaintiffs has been
using the said packaging since long time ago and it is proven by Test
and Examination Certificate in 1997, 1998, 2002, 2005 and appointment
letter from Garuda Indonesia. Apart from that, they also advertised in
Yellow Pages. The Plaintiffs were summoned by the Defendant on May 2009 stating that the Plaintiffs should stop producing the said packaging boxes since the Plaintiffs has no rights in producing it, while the Defendat is the true patent holder of the said packaging boxes. After
the Plaintiffs conducting search at the DGIP, it is revealed that the
Defendant indeed has the certificate since March 12, 2008 with the title Packaging of Fresh or Live Fish for Air Transportation and the
Packaging Methods. Assuming
that the Defendants patent is not novel, the Plaintiffs file a
cancellation law suit at the Jakarta Commercial Court. On May, 6 2010
the Panel of Judges decided that the Defendant patent is not novel and
has become a public domain, therefore it is cancelled for the entire
claim with all consequences. Based
on this decision, the Defendant files a cassation to the Supreme Court.
However, this remedy is failed, since the Supreme Court affirming the
Commercial Court Decision. (May 2013) Source detik.com. The Cheesecake Factory trademark registration is deleted American
company, The Cheesecake Factory Assets Co LLC (Defendant), has to
accept the fact that their trademarks registration in Indonesia has been
declared delete by the Jakarta Commercial Court due to it has not been
use in 3 (three) consecutive years. The
Deletion suit was filed by De Silva U Chandra Sri Lai (Plaintiff) as
the owner of trademak Cheese Cake in Indonesia. The Cheese Cake
trademark of the Plaintiff has been registered since March 1, 2004 under
IDM000050336 to protect the service in class 35 which is a shop that
selling bread, cake and beverages. The Plaintiff intend to expand his
cheese cake business in Indonesia, therefore he also file a trademark
application in classes 30 and 43. However, he found out that there are
registered trademarks belong to the Defendant, and after thorough
investigation, it appears that Defendant not using the trademarks in
Indonesia. Based on this decision, the Defendant file a cassation and the case still being examined at the Supreme Court. (April 2013) source Bisnis Indonesia. The Cancellation Lawsuit of Trademark SKFSKC On
November 21, 2012, AKTIEBOLAGET SKF (Plaintiff) filed a cancellation
lawsuit against local businessman, Chandra Amin (Defendant), at Jakarta
Commercial Court. The Plaintiff is the beneficial owner of the
well-known mark "SKF, SKF AKTIEBOLAGET SKF, SKF FLAG, SKF EXPLORER and
SKF & Logo" which has been registered at the Ministry of Law and
Human Rights of the Republic of Indonesia cq. Directorate General of
Intellectual Property Rights cq. Directorate of Trademark under classes
04, 06, 07, 08, 09, 11, 12, 16, 17, 35, 37, 39, 40, 41, and 42. The
reason of this cancellation is that the Plaintiff found out the
existence of the trademark "SKFSKC" that registered in the General
Register of Mark under Registration No. IDM000327060 dated October 18,
2011 in the name of the Defendant, that having substantial similarities
to the Plaintiffs trademark, so it can be mislead consumers considering
the goods sold under the trademark SKFSKC. Moreover, the Defendants
products also similar to the product being sold/distributed by the
Plaintiff. Therefore, the Plaintiff considered that the Defendants
trademark registration was registered based on bad faith. On
mid March 2013, finally the Panel of Judges of the Jakarta Commercial
Court has decided that the Plaintiff is the rightful owner, the rights
holder and the first user of trademarks SKF, the decision also state
that SKF is a well-known mark and declaring that the trademark SKFSKC
has substantial similarities to SKF, so that SKFSKC trademark
registration have to be cancelled. Against
this decision, the Defendant file a cassation to the Indonesia Supreme
Court and at the present the case is still being examined. (March 2013). The 5th APAA Indonesia Group, Forum Group Discussion: The Null and Void of Patent due to the negligence of Annuity Payment On
June 27, 2013 Asian Patent Attorneys Association (APAA) Indonesia Group
held the 5th Forum Group Discussion (FGD) in Jakarta. This FGD is a
routine agenda held by the APAA Indonesia Group every three times a
year. This time FGD is a co-operation between APAA Indonesia Group with
the Directorate General of Intellectual Property Right (DGIP) under the
topic of Dissecting problem in regard with the Null and Void of Patent
due to the negligence of Annuity Payment: Solution and Anticipation.
The discussion was opened by Mrs. Migni Myriasandra as the President of
APAA Indonesia Group, continued with the opening remarks by Mr. Ahmad M.
Ramli (The Director General of Intellectual Property). According to
Directorate General of IPR (DGIP), it was stated from the data founded
by Financial Investigation Bureau of Indonesia (BPK) at the DGIP, that
there are 2.425 of patent applications which have been granted still
remain unpaid. This matter becomes a problem for DGIP, since it is
considered as a national debt. Pursuant to Article 88 Law No. 14 of
2001, a patent holder should pay the annual/maintenance fee, and
pursuant to Article 88 of the same Law stated that if the patent holder
did not fulfiled his/her obligation to pay the annuity/maintenance fee
the patent will be deemed Null and Void. Based on the said founding and
Articles as regulated in Law No. 14 of 2001, DGIP issued a notification
letter to the patent holder instructing them to fulfill his/her
obligation to pay the annuity/maintenance fee or if they neglect to pay
the said fee, the patent will be deemed Null and Void. This
discussion is aimed for the parties that still unclear with the
notification which has been issued by the DGIP, so they can interact
actively with the DGIP and understand the matters clearly.The speakers
of this FGD are Mr. Razilu (Director of Information Technology) and Mr.
Surahno (Head of Finance) and the participants are patent applicants,
companies, universities, IP Consultants, and others. The FGD was also
attended by Mrs. Corrie Naryati (Director of Patent), Mrs. Yuslisar
Ningsih (Director of Copyright, Industrial Design, Layout Design and
Integrated Circuit, and Trade Secret), Mr. Fatlulrahman (Director of
Trademark), and the echelon II staffs of DGIP. (June 2013) Source Minutes of FGD APAA Indonesia Group. Other Newsletter
08 Juli 2015
This edition newsletter contains:
1. Infringement of Trademark Louis Vuitton, the Toile Monogram logo, Toile Damier logo 14 April 2015
This edition newsletter contains:
Trademark Disputes between Pierre Cardin and the Local Entrepreneur
13 Januari 2015
Biro Oktroi Roosseno has been named Asia IP’s 2014 Patent Practice of the year for Indonesia, hosted by Asia IP 02 Oktober 2014
The Third President of Indonesia Awarded the Prestigious "Roosseno Award 2014" 24 Juli 2014
Important Notification Changes on The Official Tariffs and Our Schedule of Charge Biro Oktroi Roosseno |
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