- Title
- The recognition and protection of well-known trade marks in Indonesia
- Creator
- Antons, Christoph
- Relation
- Journal of Intellectual Property Law & Practice Vol. 3, Issue 1, p. 185-193
- Publisher Link
- http://dx.doi.org/10.1093/jiplp/jpm252
- Publisher
- Oxford University Press
- Resource Type
- journal article
- Date
- 2008
- Description
- 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 point: 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 Civil remedies such as damages and interim injunctions are hardly used, because the outdated civil procedural law has not familiarised judges with such legal instruments.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.
- Subject
- trade marks; Indonesia; developing countries; trade mark law; foreign trade marks
- Identifier
- http://hdl.handle.net/1959.13/1389011
- Identifier
- uon:32839
- Identifier
- ISSN:1747-1532
- Rights
- This is a pre-copyedited, author-produced version of an article accepted for publication in Journal of Intellectual Property and Practice following peer review. The version of record Antons, C. (2008). The recognition and protection of well-known trade marks in Indonesia. Journal of Intellectual Property Law and Practice, 3(1), p. 185-193 is available online at: https://doi.org/10.1093/jiplp/jpm252.
- Language
- eng
- Full Text
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