At this time, issues and problems regarding marks are no longer using Law Number 14 of 1997 concerning Amendments to Law Number 19 of 1992 concerning Trademarks. This regulation has been replaced by Law Number 15 of 2001 concerning Trademarks which was later repealed by Law Number 20 of 2016 concerning Trademarks and Geographical Indications (“MIG Law”). Any law firm in Indonesia must know this.
One of the considerations for the promulgation of the MIG Law on November 25 2016 can be seen in the considerations considering letter c of the MIG Law, it is stated that in Law Number 15 of 2001 concerning Marks there are still shortcomings and cannot accommodate the development of community needs in the field of brands and geographical indications as well as insufficient protection of local and national economic potentials, so it needs to be replaced. Furthermore, ask law firm Jakarta for more details
In addition, Indonesia’s participation in ratifying the Convention on the Establishment of the World Trade Organization (World Trade Organization) which includes agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPs) as ratified by law. Number 7 of 1994 concerning Ratification of the Agreement Establishing the World Trade Organization, has demanded Indonesia to comply with and implement the contents of these international agreements. The ratification of these regulations encourages Indonesia’s participation in ratifying the Paris Convention for the Protection of Industrial Property (Paris Convention) which was ratified by Presidential Decree Number 15 of 1997 and the Trademark Law Treaty (Trademark Law Treaty) which was ratified by Presidential Decree Number 17 of 1997. This international agreement makes it an obligation for Indonesia to adjust the applicable Trademark Law with the provisions of the ratified international agreement.