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9A

( L a w N o . 1 5 / 2 0 0 1 d a t e d A u g u s t 1,2001)
BY T H E G R A C E O F G O D A L M I G H T Y
THE

P R E S I D E N T O F T H E REPUBLIC O F INDONESIA,

submitted in writing to the Directorate General,

6. Applicant is a party submitting an application.

Considering:
a.

5. Application is a r e q u e s t for t h e registration of mark

that in the global trade era, in line with the ratification

7. Auditor is a mark examiner, namely an official appointed

by a ministerial decree, and tasked to examine appli-

of international conventions by Indonesia, the role of

cations for the registration of marks because of his/her

m a r k s b e c o m e s very important, particularly in m a i n taining the s o u n d business competition;

b.

that in relation thereto, marks need adequate regulation to

c.

provide better service for the public;

that based on the considerations in letters a and b as

well as observing experience from the implementation
of the existing mark taw, it is d e e m e d necessary to
replace Law No. 19/1992 on mark as already a m e n d e d
by Law No. 14/1997 concerning the a m e n d m e n t to Law
No.

19/1992 o n mark;

Proxy is a consultant of intellectual property rights.

9. Minister is the minister overseeing a department with a

scope of tasks and responsibility covering

intellectual

property rights, including mark.

10. D i r e c t o r a t e G e n e r a l is t h e

Directorate General

of

Intellectual Property Rights subordinate to the department led by the minister,

11. Date of receipt is the date of receipt of an application
already fulfilling administrative r e q u i r e m e n t s .
12. Consultant of Intellectual Property Rights is s o m e b o d y
having expertise in the field of intellectual

property

rights and specially providing services in the field of

In view of:
1. Article 5 paragraph (1), Article 20 and Article 33 of the
Constitution of 1945;
2.

expertise.
8.

Law No. 7/1994 on the ratification of the A g r e e m e n t

Establishing the World Trade Organization (Statute Book
of 1994 No. 57, Supplement to Statute Book No. 3564);
With the approval of
THE

HOUSE O F REPRESENTATIVES OF
THE

R E P U B L I C O F INDONESIA
D E C I D E S :

submission and settlement of applications for patents,

marks, industrial d e s i g n s a s well a s o t h e r fields

of

intellectual property rights and being registered as a

consultant of intellectual property rights at the Directorate General.
13. License is a permit granted by a holder of a registered
mark to other parties through an a g r e e m e n t based o n
the granting of rights (not the transfer of rights) to use
the mark wholly and partly for g o o d s a n d / o r services
which are registered in a specified period a n d u n d e r
certain conditions.
14. Priority right is a right of an a p p l i c a n t to submit an
application originating in countries which join the Paris

To stipulate :

Convention for the Protection of Industrial Property or

LAW O N MARK

the A g r e e m e n t Establishing the World Trade O r g a n i z a CHAPTER I

GENERAL

PROVISION

Article 1
Referred to in this law as:
1. . lark is a sign in the form of picture, name, word, letters, figures, configuration of colors or combination of
the said e l e m e n t s which has distinguishabiiity and is
used in trading activities of goods and services.
2. Trade mark is a mark used in goods traded by somebody or several p e r s o n s collectively or statutory b o dies for distinguishing the goods from other goods of
the s a m e kind.
3. Service mark is a mark used in services traded by s o m e body or several persons collectively or statutory b o dies for distinguishing the services from other goods of
the s a m e kind.
4. Collective mark is a mark used in goods and/or services of the s a m e characteristics which are traded by
s o m e b o d y or several persons collectively or statutory
bodies for distinguishing the goods and/or services from
other goods/services of the same kind.

Business News 6661-6662/12-9-2001

tion to secure recognition that t h e date of receipt in

countries of origin constitutes the priority date in the
destination country which is also a m e m b e r country of
the two agreements, as long as the submission is d o n e
in the period already determined on the basis of the
Paris Convection for the Protection of Industrial

Pro-

perty,
15. Day is working day.
C H A P T E R II
S C O P E O F MARK
Part O n e
General
Article 2
T h e mark a s stipulated in this law covers trade
and service marks.
Article 3
Right to Mark is an exclusive right granted by the
country to the o w n e r of a mark registered at the

Mark

General List for a specified period to use the mark directly

or to permit other parties to use the mark.

Part Two

10A

Part Two

c. full name, and address of proxy, in the case of t h e

Unregi5teredable and rejected mark

application being submitted t h r o u g h a proxy;

Article 4

d. colors, if the mark w h o s e registration is applied for

A mark c a n n o t be registered on the basis of an

application submitted by an applicant with the bad inten-

uses color elements;

e. n a m e of country a n d date of t h e first request for

tion.

mark, in the c a s e of t h e mark being submitted with

a priority right.
Article 5

(2) Every application must be signed b y the applicant o r

A mark c a n n o t be registered if it contains any of

the following elements:
a.

his/her proxy.
(3) T h e applicant as m e a n t in paragraph (2) can consist of

contravening laws in force, religious morality, decency

one person or several persons collectively, or a statu-

or public order;

tory body.

b.

not having

c.

already becoming public property; or

distinguishability

d.

being information o n o r being connected with g o o d s

(4) T h e application is a c c o m p a n i e d by p a y m e n t receipt of

costs.

and/or services w h o s e registration is applied for.

(5) If an application is submitted by m o r e than o n e person

collectively that have right to t h e said mark, all n a m e s
of the applicants are mentioned by choosing o n e of t h e
addresses as their address.

Article 6
(1) T h e Directorate General must reject any application, if

(6) If the application as meant in paragraph (5), the said

the mark:

application is signed by o n e o f t h e applicants entitled

a. being the s a m e principally o r totally as a mark of

to the mark by attaching the written approval of t h e

other parties, which has been registered first, in t h e

case o f goods and/or services o f the s a m e kind;

representing applicants.
(7) In the case of the application as m e a n t in paragraph

o r totally a s a m a r k

(5) being submitted through their proxy, the power of

already popularly belonging to other parties, in t h e

attorney is signed by all parties entitled to the said

b. b e i n g t h e s a m e p r i n c i p a l l y

case of goods and/or services of the s a m e kind;

c. being the s a m e principally or totally as a geographical indication already known.

mark.
(8) T h e proxy as m e a n t in paragraph (7) is a consultant o f
inte'hctual property rights.

(2) T h e provision as m e a n t in paragraph (10 letter b also

(9) Provisions on requirements for t h e appointment o f a

can be applied to g o o d s and/or services of other kinds

consultant of intellectual property rights are regulated

as long as they fulfill certain requirements which will

by a government regulation, while procedures for t h e

be further stipulated by a government regulation.

(3) T h e Directorate General also must reject any applica-

appointment of the consultant are regulated by a presidential decree.

tion if t h e mark:
a. being or having resemblance to names of popular
figures, photos or names of statutory bodies owned
by other parties, unless otherwise based on the written approval o f the rightful party;
b. being imitation o r having resemblance to names o r
a c r o n y m s of n a m e s , flags, signs or symbols or
e m b l e m s of countries o r national and international
institutions, unless otherwise based on the

written

approval of t h e authorized party;

c. being imitation or having resemblance to signs o r

Article 8
(1) Applications for 2 (two) classes of g o o d s o r more a n d /
or services can b e submitted in o n e application.
(2) T h e application as meant in paragraph (1) must m e n tion kinds of g o o d s and/or services s u b s u m e d in classes
whose registration is applied for.
(3) Classes of the g o o d s and/or services a s meant in paragraph (1) are further regulated by a g o v e r n m e n t regulation.

seals or official stamps used by countries or govern-

Article 9

m e n t institutions, unless otherwise based on t h e

Provisions o n requirements a n d procedures for t h e

written approval of the authorized party.

application are further stipulated by a g o v e r n m e n t regulaC H A P T E R III

tion.

APPLICATION F O R R E G I S T R A T I O N O F MARK
Part O n e

Article 10

Requirements and Procedures for Application

(1) Every application submitted by applicants living or d o m i -

Article 7

ciled permanently outside t h e territory of the Republic

(1) Every application is submitted in writing in the Indone-

of Indonesia must be submitted through their proxies

sian language to the Directorate General by mentioning:

in Indonesia.
(2) The applicants as meant in paragraph (1) must declare

a. month, date, year;

and c h o s e domiciles of proxies as their legal domiciles

b. full name, citizenship and address of the applicant;

in Indonesia.

Business News 6661-6662/12-9-2001

Part T w o

11A

already fulfilled, the application is given the d a t e of

Part T w o
Application for Registration of Mark with Priority Right

receipt.
( 2 ) T h e d a t e of

Article 11
Every application using a priority right must be

r e c e i p t as m e a n t in p a r a g r a p h ( 1 ) is

recorded by the Directorate G e n e r a l .

submitted not later than 6 (six) months, starting from the

date of receipt of application for the registration of mark

Part Five

received for the first time in other country, which consti-

C h a n g e in and withdrawal of application for

tutes a m e m b e r country of the Paris Convention for the

registration of mark
Article 16

Protection of Industrial Property or the Agreement Estab-

Every application is only allowed co c h a n g e in name

lishing the World Trade Organization.

and/or address of the applicant or his/her proxy.

Article 12
(1) Besides fulfilling the obligations as meant in Part One
of this Chapter, every application using a priority right

Article 17
(1) As long as a d e c i s i o n does n e t yet o b t a i n from the

must be a c c o m p a n i e d by evidence of receipt of appli-

Directorate General, applicants or their proxies can with-

cation for the first time, which results in the priority

draw their applications.

right.

(2) In the case of the withdrawal

(2) T h e e v i d e n c e of the priority right as m e a n t in paragraph (1) is translated into the Indonesian language.
(3) In the case of the provisions as meant in paragraphs
(1) and (3) being not fulfilled in a period not later than

as m e a n t in paragraph

(1) being done by a proxy, it m u s t be d o n e on the basis

of special power of attorney for the n e e d of the withdrawal.
(3) In the case of an application being withdrawn, all costs

3 (three) m o n t h s after the expiration of a right to sub-

already paid to the Directorate General c a n n o t be taken

mit application by using the priority right as meant in

off.

Article 11, t h e application continues to be processed,

but it uses n o priority right.

C H A P T E R IV
R E G I S T R A T I O N O F MARK

Part T h r e e

Part O n e

Examination of C o m p l e t e n e s s of Application for

Substantive Examination

Registration of Mark
Article 13
(1) T h e Directorate General e x a m i n e s the completeness of
the requirements for registration of mark as meant in
Articles 7, 8, 9, 10, 11 a n d 12.
(2) In the c a s e of shortcomings being found in the c o m pleteness of t h e requirements as meant in paragraph
(1), the Directorate G e n e r a ! asks for completing the
requirements not later than 2 (two) m o n t h s as from
the date of dispatch of the request for completing the

Article 18
(1) Not later than 30 (thirty) d a y s as f r o m t h e d a t e of
receipt as m e a n t in Article 15, the Directorate General
examines the application substantively.
(2) T h e substantive examination as m e a n t in paragraph (1)
is d o n e on t h e basis of the p r o v i s i o n s as m e a n t in
Articles 4, S a n d 6.
(3) T h e substantive examination as meant in paragraph (1)
is completed not later than 9 (nine) m o n t h s .

requirements.
Article 19

(3) In the case of t h e shortcomings dealing with the requirements as m e a n t in Article 12, the deadline of completion of the r e q u i r e m e n t s is 3 (three) m o n t h s at the
m a x i m u m , starting f r o m the date of expiration of the
period of submission of application using a priority right.

(1) T h e substantive examination is executed by an auditor

at t h e Directorate G e n e r a l .
(2) T h e auditor is an official w h o

is a p p o i n t e d a s and

relieved of a functional official by the Minister on the

basis of certain requirements a n d qualifications b e c a u s e
of his/her expertise.

Article 14
(1) In the case of t h e requirements being not completed in

(3) T h e a u d i t o r

is g i v e n a f u n c t i o n a l

career path

and

the period as m e a n t in Article 13 paragraph (2), the

allowance, besides other rights in a c c o r d a n c e with laws

Directorate G e n e r a l notifies t h e applicant or his/her

in force.

proxy in writing that the application is considered having withdrawn.

(2) Should the application be considered having withdrawn
as meant in paragraph (1), all costs already paid to the
Directorate General c a n n o t be taken off.

T i m e of receipt of application for registration of mark

Business News 6661-6662/12-9-2001

the
be

a p p r o v e d for registration, b a s e d on the approval of the

Gazette.
(2) In t h e c a s e of a n a u d i t o r r e p o r t i n g

Article 15
In the case of the whole administrative requirements
as m e a n t in A r t i c l e s 7, 8, 9,

substantive examination that an application can

Director G e n e r a l , the application is a n n o u n c e d in Mark

Part Four

(1)

Article 20
(1) In t h e c a s e of a n a u d i t o r r e p o r t i n g r e s u l t s of

10, 11 a n d 12 being

r e s u l t s of

the

substantive examination that a n application c a n n o t be

registered or is rejected, based on the approval of the

Director

12A

Director General, the rejection is notified in writing to

e.

specimen of mark, including information on color and

the relevant applicant or his/her proxy by mentioning

in the case of etiquette of mark using foreign language

reasons for the rejection.

and/or letters other than Latin letters a n d / o r figures

(3) Not later 30 (thirty) days as from the date of receipt of

not c o m m o n in the Indonesian language, along with its

the application as meant in paragraph (2), the appli-

translation into the Indonesian language, Latin letters

cant or his/her proxy can raise objection or response

or figures c o m m o n in the Indonesian language, as well

by mentioning reasons.

as its pronunciation in Latin spelling.

(4) In the case of the applicant or his/her proxy not raising

the objection or response as meant in paragraph (3),

Part T h r e e

the Directorate General stipulates a decision on the

Objection and Rebuttal

Article 24

rejection of the said application.

(5) In the case of the applicant or his/her proxy raising the
objection or response as meant in paragraph (3), and
the auditor reporting that the said response is acceptable,

based on

the

approval

of t h e

Directorate

General, the application is a n n o u n c e d in Mark Gazette.

(6) In the case of the applicant or his/her proxy raising the
objection or response as meant in paragraph (3), a n d
the a u d i t o r reporting that the said r e s p o n s e is u n acceptable, based on the approval of the Directorate
General, a decision on the rejection of the said application is stipulated.
(7) T h e decision on rejection as meant in paragraphs (4)
and (6) is notified in writing to the relevant applicant
or his/her

(1) During the a n n o u n c e m e n t period as m e a n t in Article

22, every party can raise objection in writing for the
said application to the Directorate G e n e r a l with a cost
being c h a r g e d .
(2) T h e objection as meant in paragraph (1) can be submitted if there is sufficient reasons a n d proof that the
mark

whose

registration

already paid to the Directorate General cannot be withdrawn.

applied

for

is

an

(3) In the case of the objection as m e a n t in paragraph (1)

being existent, the Directorate General sends a copy of
letter containing the objection to t h e relevant applicant or his/her proxy not later than 14 (fourteen) days
as from the date of receipt of the objection.

proxy by mentioning its reasons.

(8) In the case of an application being rejected, all costs

is

unregisteredable a n d rejected mark o n the basis of laws.

Article 25
(1) T h e applicant or his/her proxy is entitled to deliver a
rebuttal of the objection as m e a n t in Article 24 to the
Directorate G e n e r a l .
(2) T h e rebuttal as m e a n t in paragraph (1) is submitted in

Part Two

writing not later than 2 (two) m o n t h s as from the date

A n n o u n c e m e n t of Application

of receipt of the c o p y of objection c o n v e y e d by the

Article 21
Not later than 10 (ten) days as from the date of

Directorate G e n e r a l .

approval of an application for registration, the Directorate

Part Four

General announces the application in Mark Gazette.

Reexamination
Article 26

Article 22

(1) In the c a s e of a n y o b j e c t i o n

(1) T h e a n n o u n c e m e n t lasts for 3 (three) months and is

and/or rebuttal,

the

Directorate General uses the objection and/or rebuttal

executed by:

as consideration material in the reexamination of the

a. placing it in Mark Gazette issued periodically by the

application already a n n o u n c e d as m e a n t in Article 2 1 .

Directorate General; and/or

(2) T h e reexamination of the application as m e a n t in para-

b. placing it in special means easy and clear for public

view which is provided by the Directorate General.
(2) T h e Directorate General records the date of c o m m e n c e m e n t of a n n o u n c e m e n t of an a p p l i c a t i o n

in

Mark

graph (1) is c o m p l e t e d not later t h a n 2 (two) months

as from the date of expiration of the a n n o u n c e m e n t
period.
(3) T h e Directorate General notifies in writing the result of
the reexamination as meat in paragraphs (1) and (2)

Gazette.

to the party raising the objection.

Article 23

(4) In the c a s e of t h e a u d i t o r r e p o r t i n g r e s u l t s of t h e

T h e a n n o u n c e m e n t is done by mentioning:
a.

r e e x a m i n a t i o n that the o b j e c t i o n is a c c e p t a b l e , the

full name and address of the applicant, including proxy

Directorate General notifies the applicant in writing that

in the case of the application being submitted through

the application c a n n o t be registered or is rejected, a n d

a proxy;

in s u c h c a s e , t h e

b. class and kind of g o o d s and/or services whose mark is

applicant or his/her

proxy

can

appeal.
(5) In the c a s e of t h e a u d i t o r r e p o r t i n g results of t h e

requested for registration;

c.

date of receipt;

reexamination that the objection is unacceptable, based

d.

name of the country and date of receipt of an applica-

on the approval of the Director G e n e r a l , the applica-

tion for the first time, in the c a s e of the

tion is d e c l a r e d a p p r o v e d f o r r e g i s t r a t i o n

application

being submitted by using a priority right; a n d

Business News 6661-6662/12-9-2001

in

Gazette.

Article 27

Mark

13A

Article 27

( 4 ) T h e reasons as m e a n t in paragraph (3} must not be

(1) In the case of the objection as meant in Article 24 being

correction or improvement of the rejectee application.

not existent, the Directorate General issues a n d grants

a mark certificate to the applicant or his/her proxy not

Article 30

later than 30 (thirty) days as from the date of expira-

(1) Every application for appeal is submitted not later thar.

tion of the a n n o u n c e m e n t period.

3 (three) months as from the d a t e of notification

(2) In the case of the objection as meant in Article 26 paragraph (5) being unacceptable, the Directorate Genera!

of

rejection of the application.

(2) In the case of the period as m e a n t in paragraph (1)

issues and grants a mark certificate to the applicant or

already elapsing without the application for appeal, the

his/her proxy not later than 30 (thirty) days as from

application is considered accepting the rejection of the

the date of approval of the application for registration

in Mark Gazette.

application.
(3) In the case of the application being already considered

(3) T h e mark certificate as meant in paragraph (1) contains:

a. full n a m e a n d address of the owner of the regis-

acceptable as meant in paragraph (2), the Directorate

Genera! records and a n n o u n c e s the rejec: on.
:

tered mark;
b. full n a m e and address of the proxy, in the case of
the application being submitted on the basis of the
provision in Article 10;

than 3 (three) months as from the date of receipt of a r

c. date of submission and date of receipt;

app'ication for appeal.

d. name of the country a n d date of receipt of the appli-

(2) In the case of the Mark Appeal C o m m i s s i o n ruling in

cation for the first time, in the case of the applica-

favor of the application for a p p e a l , the

tion being submitted by using a priority right;

G e n e r a l e x e c u t e s t h e a n n o u n c e m e n t as m e a n t

e. etiquette of the registered mark, including information on kinds of colors, in the case of the said mark

Directorate
in

Article 21, except the application already a n n o u n c e d in

Mark Gazette.

using mark elements and in the mark using foreign

(3) In the case of the Mark Appeal C o m m i s s i o n rejecting

language and/or letters other than Latin letters and/

the application for appeal, the applicant or his/her proxy

or figures not c o m m o n in the Indonesian language,

can file a lawsuit against the decision on the rejection

along

Indonesian

of the application for appeal to the C o u r t of C o m m e r c e

l a n g u a g e , Latin letters or figures c o m m o n in the

not later than 3 (three) m o n t h s as from the date of

with

its t r a n s l a t i o n

into

the

Indonesian language, as well as its pronunciation in

Latin spelling;
f.

Article 31
(1) T h e Mark Appeal C o m m i s s i o n makes a decision not later

receipt of the decision on the rejection.

(4) Only appeal for the S u p r e m e Court can be filed against

number and date of registration;

the decision of the C o u r t of C o m m e r c e as m e a n t in

g . the validity period of registration of mark.

(4) Every party can s u b m i t a n application for

paragraph (3).
obtaining

official texts of certificates of marks registered in Mark

Gazette by paying a cost.

Article 32
Procedures for the application, examination and
settlement of appeal are further stipulated by a presiden-

Part Five

tial decree.

Protection Period of Registered Mark

Part Seven

Article 28
Every registered mark secures legal protection for
a period of 10 (ten) years as from the date of receipt and
the protection period is extendible.

Mark Appeal C o m m i s s i o n
Article 33
(1) T h e Mark Appeal C o m m i s s i o n is a special agency which
is independent and belongs to the department in charge

Part Six

of intellectual property rights.

Application for Appeal

(2) T h e Mark Appeal C o m m i s s i o n consists of a c h a i r m a n

concurrently member, vice c h a i r m a n concurrently m e m -

Article 29
(1) A n a p p l i c a t i o n

f o r a p p e a l c a n be filed a g a i n s t

the

rejection of an application connected with reasons and

c o n s i d e r a t i o n b a s e s on the s u b s t a n t i v e m a t t e r s as

in

needed fields, as well as senior auditors.

(3) T h e m e m b e r s of the Mark Appeal Commission as meant
in paragraph (I) are appointed and relieved by the Min-

meant in Articles 4, 5 and 6.

(2) T h e application for appeal is submitted in writing by
the relevant a p p l i c a n t or his/her proxy to the

ber a n d m e m b e r s c o m p o s e d of s e v e r a l e x p e r t s

Mark

Appeal C o m m i s s i o n with a copy made available to the

Directorate General by paying a cost.
( 3 } T h e application for appeal is submitted by explaining

ister for the tenure of 3 (three) y e a r s .

(4) T h e chairman and vice chairman are elected from and
by members of the Mark Appeal C o m m i s s i o n .
(5) In order to examine an application for appeal, the Mark
Appeal Commission establishes a council with the n u m -

the objection c o m p l e t e l y as well as reasons for the

ber of members being odd, at least 3 (three) persons,

rejection of the application as a result of the substan-

a n d out of them, o n e is senior auditor not examining

tive examination.

the application substantively.

Business News 6651-6662/12-9-2001

Article 34

14A

Article 34

to the Directorate General by paying a cost of record-

T h e organizational structure, tasks and functions

of the Appeal Mark Commission are further stipulated by a
government

regulation.

ing in the Mark General List a n d a c c o m p a n i e d a legitimate copy of evidence of the c h a n g e .

( 2 ) T h e c h a n g e in name a n d / o r a d d r e s s of the owner of a
registered mark already r e c o r d e d by t h e

Directorate

General is a n n o u n c e d in Mark Gazette.

Part Eight
Extension of Protection Period of Registered Mark
Article 35

CHAPTER V

( 1 ) Every owner of mark can submit an application for the

T H E T R A N S F E R O F R I G H T T O R E G I S T E R E D MARK
Part O n e

extension for the same period any time.

(2) T h e application

T h e transfer of right

for the extension as m e a n t in p a r a -

Article 40

graph (1) is submitted in writing by the owner of mark

or his/her proxy not later than 12 (twelve)

months

(1) T h e right to a registered mark can shift or be trans-

before the expiration of the protection period of the

ferred due to:

registered mark.

a. inheritance;

(3) T h e application for the extension as m e a n t in p a r a graph (2) is submitted to the Directorate General.

b. t .-stament;
c. grant;
d. agreement; or

Article 36
An application for the extension is approved if:

e. other causes justified by laws.

(2) T h e transfer of right to the m a r k as m e a n t in p a r a -

the relevant mark is still used in the g o o d s or services

graph (1) m u s t have its r e c o r d i n g r e q u e s t e d to

as m e a n t in the said certificate of mark; a n d

Directorate G e n e r a l f o r b e i n g r e c o r d e d

b. the g o o d s or services as meant in letter a are still produced and traded.

in the

the
Mark

General List.
(3) T h e application for the transfer of right to the mark as
meant in paragraph (1) is a c c o m p a n i e d by supporting

Article 37
(1) T h e Directorate General rejects an application for the
extension if the said application fails to comply with
the provisions as meant in Articles 35 a n d 36.
(2) T h e Directorate General rejects an application for the
extension, if the said mark has resemblance principally

documents.
(4) T h e transfer of right to the mark already recorded as
meant in paragraph (2) is a n n o u n c e d in Mark Gazette.
(5) T h e transfer of right to a registered mark which is not
recorded in the Mark General List brings a b o u t no legal
consequence to the third party.

or totally to a popular mark belonging to other parties,

(6) T h e recording of transfer of right to the mark as m e a n t

by observing the provisions as meant in Article 6 para-

in paragraph (1) is subjected t o the cost as stipulated

graph (1) letter b and paragraph (2).

in this law.

(3) T h e rejection of application for the extension is notiArticle 41

fied in writing to the o w n e r of the mark or his/her proxy

by mentioning reasons for the rejection,
(4) A rebuttal of rejection of application for the extension
as m e a n t in paragraphs (1) and (2) can be filed to the

(1) T h e t r a n s f e r of r igh t t o a r e g i s t e r e d

mark can

be

accompanied by the transfer o f g o o d n a m e , reputation

or others connected with the mark.
(2) T h e right to a registered service mark inseparable from

Court of C o m m e r c e .
' 5 ) O n l y appeal for the S u p r e m e C o u r t can be filed against

the personal capability, quality a n d skill of the provider

the decision of the C o u r t of C o m m e r c e as meant in

of the relevant service can be transferred with the pro-

paragraph (3).

vision that the guarantee for t h e quality of service provided must be existent.
Article 38
Article 42

(1) T h e extension of the protection period of a registered

mark is recorded in the Mark General List a n d announced

T h e Directorate General only can records the transfer of right to a registered mark if it is a c c o m p a n i e d by a

in Mark Gazette.
(2) T h e extension of the protection period of a registered

written statement of the recipient of the transfer that the

mark is notified in writing to the owner of the mark or

mark will be used for the trade of goods a n d / o r services.

his/her proxy.
Part Two
Part Nine

License

C h a n g e in Name and/or Address of

Article 43

O w n e r of A Registered Mark

( l ) T h e o w n e r of a registered mark has a right to give a

Article 39
(1) Every application for recording the c h a n g e in name a n d /
or address of owner of a registered mark is submitted

Business News 6661-6662/12-9-2001

license to o t h e r p a r t i e s

by a n a g r e e m e n t t h a t

the

licensee will use the mark for g o o d s or services wholly

or partly.

f2^ T h e

15A
(2) T h e licensing a g r e e m e n t is effective t h r o u g h o u t the
territory of t h e Republic of I n d o n e s i a , unless otherwise a g r e e d , for a period not longer than the protection period of the relevant registered mark.
(3) T h e l i c e n s i n g

a g r e e m e n t m u s t h a v e its

of mark which is not nullified, with the a m o u n t being

equal to the remaining period of the licensing agreement.

recording

Article 49

requested to the Directorate General by paying a cost

and legal c o n s e q u e n c e s of the recording of the licensing a g r e e m e n t apply to the relevant parties a n d the
third party.
(4) T h e Directorate General records the licensing agree-

Requirements a n d p r o c e d u r e s for the application

for recording a licensing a g r e e m e n t and provisions on the
licensing a g r e e m e n t as m e a n t in this law are further stipulated by a presidential d e c r e e .

ment as m e a n t in paragraph (3) in the Mark General

C H A P T E R VI

List a n d a n n o u n c e s its Mark Gazette.

C O L L E C T I V E MARK
Article 50

Article 44
T h e o w n e r of a registered mark already granting
a license to the other party as m e a n t in Article 43 parag r a p h ( 1 ) can c o n t i n u e to e x e r c i s e directly or g i v e a
license to the o t h e r third party to use the right, unless
otherwise a g r e e d .

(1) Every application for the registration of trade or service marks as a collective mark can be accepted if the
application clearly certifies that the marks will be used
a collective mark.
(2) Besides the affirmation on the use of collective mark
as m e a n t in p a r a g r a p h (1), t h e application m u s t be
a c c o m p a n i e d by copies of provisions on the use of the

Article 45
T h e statement that the licensee can further give a
license to the third party can be stipulated.

(3) T h e provisions on the use of t h e collective mark as

meant in paragraph (1) at least contain:

Article 46
T h e use of the registered mark in Indonesia by
the licensee is considered the same as the use of the mark
in Indonesia by t h e owner of the mark.

a. nature, general characteristics or quality of g o o d s

or services p r o d u c e d a n d t r a d e d ;
b. r e g u l a t i o n f o r o w n e r s of t h e c o l l e c t i v e m a r k to
supervise effectively the use of the mark; and
c. sanction against the violation of regulation on t h e

Article 47
(1) A licensing a g r e e m e n t is prohibited from

m a r k s as a collective mark, w h i c h are signed by all

owners of the relevant marks.

containing

provisions directly a n d indirectly c a p a b l e of c a u s i n g

harmful effects to the Indonesian e c o n o m y or containing limitations discouraging the capability of Indonesian people in mastering and developing technology in
general.
(2) T h e Directorate General must reject every application
for the r e c o r d i n g of licensing a g r e e m e n t s containing
the prohibitions as meant in paragraph (1).

use of the collective mark.

(4) T h e provisions as m e a n t in paragraph (3) are recorded
in t h e

Mark G e n e r a l

List a n d

announced

in

Mark

Gazette.
Article 51
Every application for the registration of a collective mark is subjected to the examination of completeness
of the requirements as m e a n t in Articles 7, 8, 9, 10, 11, 12
and 50.

(3) T h e Directorate General notifies in writing the rejection a l o n g with its reasons as m e a n t in paragraph (2)
to t h e o w n e r

o f m a r k or h i s / h e r p r o x y , a n d

the

licensee.

Article 52
T h e substantive examination of an application for
a collective mark is d o n e in a c c o r d a n c e with the provisions in Articles 18, 19 a n d 20.

Article 48
(1) In the case of a licensee having good intention, but the
mark is later revoked on the basis of the principal or
total

r e s e m b l a n c e to o t h e r r e g i s t e r e d m a r k s ,

the

licensee c o n t i n u e s to have a right to implement the

licensing a g r e e m e n t up to the expiration of the period
of the licensing agreement.
(2) T h e licensee as meant in paragraph (1) is no longer
o b l i g e d to c o n t i n u e t h e p a y m e n t of royalty to t h e
revoked licenser, but the licensee must pay royalty to
the o w n e r of the mark which is not nullified.
(3) In the case of a licenser already receiving royalty in a
lump s u m p from a licensee previously, the said licenser
must give up the portion of royalty received to the owner

Business News 6661-6662/12-9-2001

Article 53
(1) Any c h a n g e in the provision on t h e use of a collective
mark must have its recording r e q u e s t e d to the Directorate General by a c c o m p a n y i n g a legitimate copy of
e v i d e n c e of the c h a n g e .
(2) T h e c h a n g e as m e a n t in paragraph (1) is recorded in
the Mark General List a n d a n n o u n c e d in Mark Gazette.
(3) T h e c h a n g e in the provision on t h e use of a collective
mark is effective for the third party after being recorded
in the Mark General List.
Article 54
( l ) T h e right to a collective mark only can be transferred

to a

16A

to a r e c i p i e n t c a p a b l e of s u p e r v i s i n g e f f e c t i v e l y

in

(8) In the case of before or u p o n the s u b m i s s i o n of an

accordance with the provision on the use of the collec-

application for the registration as a geographical indi-

tive mark.

cation, a sign being already u s e d with good intention

collective

by another party entitled to register in a c c o r d a n c e with

mark as meant in paragraph (1) must have its record-

the provision in paragraph (2), the party having good

ing requested to the Directorate General by paying a

intention can continue to use the sign for a period of 2

(2) T h e transfer of the right to the registered

(two) years, starting from t h e date of registration of

cost.

the sign as a geographical indication.

(3) T h e recording of the transfer of the right as meant in

paragraph (2) is recorded in the Mark General List and

(9) Provisions on procedures for t h e registration of a geographical indication are further regulated by a g o v e r n -

a n n o u n c e d in Mark Gazette.

ment regulation.
Article 55
A registered collective mark c a n n o t be licensed to
another party.

Article 57
(1) T h e holder of right to a geographical indication can file
a lawsuit against parties using the geographical indication without a right in the form of a c o m p e n s a t i o n and

C H A P T E R VII

termination of the use as well as the destruction of

G E O G R A P H I C INDICATION A N D INDICATION O F ORIGIN

etiquette of the geographical indication used

Part O n e
Geographical

Indication

(2) In order to prevent the party whose right is violated

Article 56

from suffering a bigger loss, t h e j u d g e can order the

(1) A geographical indication is protected as a sign show-

violator to stop p r o d u c i n g , multiplying as well as to

ing the region of origin of a g o o d , which due to factors

destroy etiquette of the geographical indication

of the geographical environment, including natural facgives certain characteristics and quality to the produced

Article 58

good.
secures protection

after

being registered on the basis of an application submitted by:

a. an institution representing society in the region pro-

used

without right.

tor, h u m a n factor or combination of the both factors

(2) A g e o g r a p h i c a l i n d i c a t i o n

without

right.

T h e p r o v i s i o n o n the p r o v i s i o n a l stipulation
m e a n t in C h a p t e r XII

of this law is e f f e c t i v e

as

mutatis

mutandis for the exercise of right to a geographical indication.

ducing the relevant good, which consists of:

Part Two

1) party exploiting g o o d s which are natural produc-

Indication of Origin

tion or natural wealth;

Article 5 9

2) producers of agricultural products;

3) producers of handicraft or industrial products; or

An indication of origin is protected as a sign that:

a.

b. an institution authorized to do it; or

fulfills the provision in Article 56 paragraph (1), but it

is not registered;or

c. a group of c o n s u m e r s of the said g o o d .

b.

solely shows the origin of a g o o d or service.

(3) T h e p r o v i s i o n s o n the a n n o u n c e m e n t as m e a n t in
Articles 2 1 , 22, 2 3 , 24 and 25 are effective

mutatis

mutandis for the a n n o u n c e m e n t of application for the

registration of a geographical indication.

Article 6 0
T h e provisions as meant in Articles 57 and 58 are
effective mutatis mutandis for t h e holder of right to an

(4) T h e Directorate General rejects an application for the

indication of origin.

registration of a geographical indication if the sign is:

a. contravening the religious morality, decency, public

C H A P T E R VII

order or being capable of deceiving or misleading

E R A S I N G AND A N N U L M E N T O F R E G I S T R A T I O N O F MARK

the public with regard to the nature, characteristic,

Part O n e

quality, source, production process and/or its usage;

Erasing

b. failing to comply with requirements for being registered as a geographical indication.

(5) T h e

rejection

Article 61
(1) T h e registration of a mark f r o m can be erased from the

as m e a n t in p a r a g r a p h ( 4 ) c a n

be

Mark General List on the basis of initiative of the Direc-

requested for appeal to the Mark Appeal C o m m i s s i o n .

torate General or an application of the owner of the

(6) T h e provisions on the appeal in Articles 29, 30, 3 i , 32,

33 a n d 34 are e f f e c t i v e

m u t a t i s m u t a n d i s for

the

request for the appeal as meant in paragraph (5).

(7) A r e g i s t e r e d g e o g r a p h i c a l

indication

secures

legal

relevant mark.
(2) T h e registration of a mark c a n be erased on the basis
of initiative of the Directorate General if:
a. the mark is not used for 3 (three) years consecutively

protection as long as the characteristic and/or quality

in the trade of goods and/or services as from the date

being the basis for the granting of protection to the

of registration or the latest use, unless there are rea-

geographical indication remain existent.

sons acceptable by the Directorate General; or

Business News 6661-6662/12-9-2001

b. the

17A

b. the mark is used for goods and/or services not suit-

(2) T h e erasing of the registration as m e a n t in paragraph

able to goods and/or services whose registration is

(1) is notified in writing to the o w n e r of the mark or

applied for, including the use of a mark not suitable

his/her proxy by mentioning the reason for the erasing

to the registered mark.

and affirming that certificate of the relevant mark is

(3) T h e reasons as m e a n t in paragraph (2) letter a are due

d e c l a r e d ineffective a n y m o r e as f r o m

t h e d a t e of

delisting from the Mark General List.

to:
a. import prohibition;

(3) T h e erasing of registration of a mark causes the termi-

b. prohibition c o n n e c t e d with a license to distribute

nation of legal protection of the relevant mark.

g o o d s which use the relevant mark or a provisional

decision from the authorized party;

Article 66

c. other similar prohibition stipulated by a government

regulation.

(1) T h e Directorate General can erase the registration of a

collective mark on the basis of:

(4) T h e erasing of registration of the mark as meant in

paragraph (2) is recorded in the Mark General List and
a n n o u n c e d in Mark Gazette.

a. the application of the o w n e r of a collective

mark

with the written approval of all users of the collective mark;

(5) Any objection against t h e decision on the erasing of

b. sufficient e v i d e n c e that the collective mark is not

registration of a mark as meant in paragraph (2) can

used for 3 (three) years consecutively as from the

be submitted to the Court of C o m m e r c e .

date of registration or the last use, unless there are

reasons acceptable by the Directorate General.

Article 62

c. sufficient evidence that the collective mark is used

'.) Every application for erasing the registration of a mark

of g o o d s and/or services partly or wholly by the owner
of the mark is submitted to the Directorate General.
(2) In the case of the mark as meant in paragraph (1) being
still committed to a licensing agreement, the erasing
only can be d o n e if the matter is approved in writing by
the licensee.

for g o o d s or services not suitable to the goods or

services w h o s e application is requested for;
d. sufficient e v i d e n c e that the collective mark is not
used in accordance with the regulation on the use of
a collective mark.
(2) T h e application for erasing the registration of a collective mark as m e a n t in paragraph (1) letter a is submit-

(3) T h e exception from the approval as meant in paragraph

(1) is only possible if in t h e licensing agreement, the
licensee firmly agrees to put aside the agreement.
(4) T h e erasing of registration of t h e mark as meant in

ted to the Directorate G e n e r a l .

(3) T h e erasing of registration of the collective mark as
m e a n t in p a r a g r a p h ( 2 ) is r e g i s t e r e d

in t h e

Mark

General List and a n n o u n c e d in Mark Gazette.

paragraph (1) is recorded in the Mark General List and

a n n o u n c e d in Mark Gazette.

Article 67
T h e erasing of registration of a collective mark

Article 63

also can be filed by the third party in the form of a lawsuit

T h e erasing of registration of a mark on the basis

of the reasons as m e a n t in Article 61 letters a and b also
can be submitted by the third party in the form of a litiga-

to the Court of C o m m e r c e on the basis of the reasons as

meant in Article 66 paragraph (1) letter b, c or d.

tion to the Court of C o m m e r c e .

Part T w o
Annulment

Article 64

Article 68

(1) Only appeal to the S u p r e m e Court can be filed against

(1) A lawsuit for nullifying the registration of a mark c a n

t h e decision of t h e C o u r t of C o m m e r c e as meant in
Article 63.
(2) T h e content of the decision of the judicial institution as
m e a n t in paragraph (1) is promptly conveyed by the
s e c r e t a r y of t h e r e l e v a n t c o u r t to the

Directorate

General after the date when the decision is made.

(3) T h e Directorate General erases the relevant mark from
the Mark General List a n d announces it in Mark Gazette
if the decision of the judicial institution as meant in
paragraph (1) has been accepted a n d had permanent
legal power.

be filed by the interesting party on the basis of the

reason as meant in Article 4, 5 or 6.
(2) Owners of unregistered marks c a n filed the lawsuit as
meant in paragraph (1) after submitting

applications

to the Directorate G e n e r a l .
(3) T h e lawsuit for the a n n u l m e n t as m e a n t in paragraph
(1) is submitted to the C o u r t of C o m m e r c e .
(4) In the case of the plaintiff and defendant being domiciled outside the territory of the Republic of Indonesia,
the lawsuit can be submitted to the Court of C o m m e r c e
in Jakarta.

Article 65
Article 69

( l ) T h e Directorate General erases t h e registration of a

Mark

( 1 ) A lawsuit fcr nullifying a mark only can be submitted in

General List and putting a note about the reason for

a period of 5 (five) years as from the date of registra-

a n d date of the erasing.

tion of the mark.

m a r k by delisting t h e relevant mark from the

Business News 6661-6662/12-9-2001

(21 A lawswit

18A

( 2 ) A lawsuit for nullifying can be submitted without dead-

the extension o f mark, application for obtaining a c o p y

line, if the mark contravenes religious morality, decency

of the Mark General List, the recording of transfer of

or public order.

right, the c h a n g e in n a m e a n d / o r address of a holder

of a registered mark, t h e recording of a licensing agreeArticle 70

meiit, objection against an application, application for

(1) Only appeal to the Supreme Court can be field against

appeal as well as others d e t e r m i n e d in this law is sub-

a verdict of the Court o f C o m m e r c e deciding a lawsuit

for nullifying.

j e c t e d to a c o s t w h o s e
government

(2) T h e content of the verdict of the judicial institution as

meant in paragraph (1) is promptly conveyed by the
r e l e v a n t s e c r e t a r y of t h e c o u r t to t h e

Directorate

General after the date when the decision is made.

(3) T h e Directorate General nullifies the registration of the
relevant mark at the Mark General List and announces
it in Mark G a z e t t e after the decision of the

judicial

institution as meant in paragraph (1) is received and

(2) Further p r o v i s i o n s on the r e q u i r e m e n t s , period

are stipulated by a presidential d e c r e e .

(3) T h e Directorate General, based on the approval of the

Minister and the Minister of Finance,
(2) on the basis of laws in force.
C H A P T E R XI

mark by delisting the mark from the Mark General List

and putting a note about the reasons a n d the date of
annullment.
(2) T h e annullment of the registration as meant in paragraph (1) is notified in writing to the owner of the mark
by m e n t i o n i n g

can use revenue

coming from the cost as meant in paragraphs (1) a n d

Article 71

proxy

and

SETTLEMENT OF DISPUTE

\ ) T h e Directorate General nullifies the registration of a

his/her

by a

procedures for the payment as m e a n t in paragraph (1)

has permanent legal power.

or

a m o u n t is s t i p u l a t e d

regulation.

reasons

for

the

Part O n e
Lawsuit Against Mark

Violation

Article 76
(1) T h e owner of a registered mark c a n file a lawsuit against
e v e r y party t h a t w i t h o u t

right u s e s a m a r k

having

resemblance principally or totally for g o o d s or services

of the same kind in the form of:

annullment a n d affirming that certificate of the relevant

a. lawsuit for c o m p e n s a t i o n ; a n d / o r

mark is declared ineffective anymore as from the date

b. termination o f all activities c o n n e c t e d with the use

c" the said mark.

of delisting from the Mark General List.

(3) T h e delisting of registration of a mark from the Mark
General List as meant in paragraph (1) is a n n o u n c e d in

(2) T h e lawsuit as meant in paragraph (1) is submitted to

the Court of C o m m e r c e .

Mark Gazette.
(4) T h e annullment a n d delisting of registration of a mark
causes the termination

of legal protection

for

the

relevant mark.

Article 77
T h e lawsuit against the mark violation as m e a n t
in Article 76 can be submitted by a licensee of a registered
m a r k individually

Article 72

and together with the owner

of

the

relevant mark.

In addition to the reason for the annullment as

m e a n t in Article 68 paragraph (1), the a nnullme nt of a

Article 78

^gistered collective mark also can be requested to the

{ l ) W h e n the examination is underway and in order to pre-

_ourt of the C o m m e r c e if the use of the collective mark

vent the o c c u r r e n c e

contravenes the provision as meant in Article 50 paragraph

request of the holder of a mark or licensee as a plain-

of a b i g g e r l o s s , b a s e d o n a

tiff, the law can order the defendant to stop producing,

CD-

distributing a n d / o r trading g o o d s or services using the

C H A P T E R IX

mark without

A D M I N I S T R A T I O N O F MARK

(2) In the case of the defendant being also d e m a n d e d to

Article 73
T h e administration of mark as stipulated

right.

in.this

law is executed by the Directorate General.

Article 74

give up goods which use the mark without right, the

judge can order that

the delivery of g o o d s or value of

the good is d o n e after the decision of the court has

permanent legal

power.

T h e Directorate General operates a national mark

Article 79

information and documentation network system capable

of providing information on mark to the public.

Only a p p e a l to the S u p r e m e Court can be filed

against the decision of the Court o f C o m m e r c e .

CHAPTER X
C O S T
Article 75
( l ) T h e submission of every application or application for

Business News 6661-6662/12-9-2001

Part T w o

( To be continued )

16A

M
/ Continued

( L a w N o . 1 5 / 2 0 0 1 d a t e d A u g u s t 1,2001)
from Business News No. 6661 - 6662 pages

Part Two

9A - ISA J
Article 83

Procedure for litigating in the Court of C o m m e r c e

(1) Every application for the appeal as m e a n t in Article 82

Article 80
(1) A lawsuit for nullifying the registration of a mark is
submitted to the Chairman of the Court of C o m m e r c e

must be submitted not later t h a n 14 (fourteen) days

after the date of the decision against which appeal is

in jurisdiction of address or domicile of the defendant.

requested is read out or notified to parties by m e a n s

(2) In the case of the defendant being domiciled outside

of registering it to the secretary of the c o u r t already

the territory of Indonesia, the lawsuit is submitted to

the Chairman of Central Jakarta Court of C o m m e r c e .
(3) T h e secretary of the court registers the lawsuit for the

deciding the lawsuit.

(2) T h e secretary of the court registers the appeal for the
S u p r e m e Court on the d a t e of s u b m i s s i o n of the re-

annullment on the date of submission of the relevant

levant application and a written receipt signed by the

lawsuit and gives a written evidence of receipt signed

secretary of the court with the d a t e being the s a m e as

by the secretary to the plaintiff with the s a m e date as

that of receipt of registration is given to the applicant

the date of registration of the lawsuit.

of the appeal.

(4) T h e secretary c o n v e y s the lawsuit for the annullment

to the Chairman of the Court of C o m m e r c e not later
than 2 (two) days as from the date of registration of
the lawsuit.
(5) Not later t h a n 3 (three) days as from t h e date of
registration of the lawsuit for the annullment, the Court
of C o m m e r c e studies the lawsuit and stipulates the
date of legal proceedings.
(6) T h e legal proceedings for the lawsuit for the annulment are executed not later than 60 (sixty) days after

have conveyed a n appeal m e m o r y to the secretary of

the court in 7 (seven) days as f r o m the date of registration of the application for the appeal as meant in
paragraph (1).
(4) T h e s e c r e t a r y o f the c o u r t is o b l i g e d to s e n d

the

application for the appeal and t h e appeal m e m o r y as

m e a n t in p a r a g r a p h ( 3 )
appeal not later than

to t h e d e f e n d a n t in t h e

2 (two) d a y s after t h e date of

registration of the a p p e a l .

the registration of the lawsuit.

(7) T h e bailiff s u m m o n s parties not later than 7 (seven)
d a y s a f t e r t h e r e g i s t r a t i o n of t h e lawsuit

(3) T h e applicant of appeal to the S u p r e m e Court must

for

the

annullment.

(5) T h e defendant can file contra-appeal m e m o r y to the

secretary of the court not later than 7 (seven) days
after the date of receipt the appeal m e m o r y as m e a n t

(8) A decision on the lawsuit for the annulment must be

in paragraph (4) by the relevant d e f e n d a n t a n d the

read out not later than 9 0 (ninety) days after the reg-

secretary of the court is obliged t o convey the contra-

istration of the lawsuit and the period can be extended

to a n o t h e r term of 30 (thirty) days at the maximum
on the basis of the approval of the Chairman of the
S u p r e m e Court.
(9) T h e decision on the lawsuit for the annulment as meant
in paragraph (8) which completely contains legal c o n siderations being the basis for the said decision must
be read out in legal proceedings open for the public
and c a n be executed first, even though a legal action
is filed against the decision.

appeal m e m o r y to the applicant of the appeal not later

than 2 (two) days after the secretary of the court receives the contra-appeal m e m o r y .
(6) T h e secretary of the court is obliged to d o c u m e n t s of
the relevant appeal to the S u p r e m e C o u r t not later
than 7 (seven) days after the period as m e a n t in paragraph (5) elapses.
(7) T h e S u p r e m e Court m u s t study t h e d o c u m e n t s of the
appeal as m e a n t in paragraph (6) and stipulate the

(10) T h e bailiff must convey content of the decision of the

date of legal proceedings not later than 2 (two) days

Court of C o m m e r c e as meant in paragraph (9) to par-

after the application for the appeal is received by the

ties not later than 14 (fourten) days after the decision

on the lawsuit for the annullment is read out.

S u p r e m e Court.
(8) Legal p r o c e e d i n g s for e x a m i n i n g the application for
the appeai must be d o n e not later than 60 (sixty) days

Article 81
T h e procedure for litigating as regulated in Article
80 is effective mutatis mutandis for the lawsuit as stipulated in Article 76.

after t h e d a t e of r e c e i p t of t h e a p p l i c a t i o n

by t h e

S u p r e m e Court.
(9) A decision on the application for the appeal must be
read o u t not later than 9 0 (ninety) days as from the

Part T h r e e
Appeal to the Supreme Court
Article 82

date of receipt of the application by the S u p r e m e Court.

(10) T h e decision on the application for the appeal as meant
in paragraph (9) completely containing legal conside-

Only appeal can be filed against the decision of

rations which become the basis for the said decision

the Court of C o m m e r c e as meant in Article 80 paragraph

must be read o u t in legal p r o c e e d i n g s o p e n for the

(8).

public.

Business News 6664-6665/19-9-2001

flPThe

17A

(11) T h e secretary of the Supreme Court is obliged to con-

Article 88

vey the content of the decision on the appeal to the

secretary of the court not later than 3 (three) days

If the provisional stipulation is:

a.

after the decision on the application for the appeal is

f o r t i f i e d , the g u a r a n t e e

money a l r e a d y paid m u s t b e

r e t u r n e d to t h e a p p l i c a n t of t h e s t i p u l a t i o n a n d t h e sair.

read out.

a p p l i c a n t can file t h e l a w s u i t as m e a n t in Article 7 6 ;

(12) Bailiff must convey the content of the decision on the

b.

revoked, the guarantee

money

alread>

paid m u s '

appeal as meant in paragraph (I) to the plaintiff and

promptly given up to t h e party subjected to t h e action

defendant of the appeal not later than 2 (two) days

as a compensation for the provisional stipulation.

after the decision is received.

C H A P T E R XIII
INVESTIGATION

Part Four
Alternative for Settlement of Dispute

Article 89

Article 64

(1) In addition to the investigators of the Indonesian Poas

lice Force, certain civil servant officials at the Direc-

meant in Part O n e of this Chapter, parties can settle dis-

torate General are given special authority to act as the

In addition to the settlement of the lawsuit

putes through arbitration or alternative for the settlement

of disputes.

investigators as meant in Law No. 8/1981 on Civil C o d e ,

to investigate crimes in the mark field.
(2) T h e civil servant investigators as m e a n t in paragraph
(1) are authorized to:

C H A P T E R XII

a. examine the truth of lawsuits c o n n e c t e d crimes in

P R O V I S I O N A L STIPULATION O F T H E C O U R T

the mark field;

Article 85
Based on sufficient evidence, every party whose
right is inflicted can ask the judges of the Court of C o m merce to issue a provisional stipulation o n :
a.

the prevention of goods connected with the violation

against mark rights from coming in.

b. the storage of evidence connected with violation against

the rights.

b. investigate p e r s o n s or s t a t u t o r y b o d i e s

allegedly

committing crimes in the mark, field on the basis of

the lawsuits as meant in letter a;
c. ask information a n d e v i d e n c e from persons or statutory bodies in c o n n e c t i o n with crimes in the mark
field;
d. audit the bookkeeping, records and other d o c u m e n t s
connected with crimes in the mark field;
e. undertake e x a m i n a t i o n in certain places allegedl>

Article 86
(1) Every application for the provisional stipulation is submitted in writing to the Court of C o m m e r c e with the
requirements as follow:

containing evidence, bookkeeping, records and other

d o c u m e n t s as well as c o n f i s c a t i n g

materials a n c

products of the violation which can be used as evidence in a criminal case in the mark field; and

a. attaching evidence of right ownership;

b. attaching evidence of strong initial indications of violation against mark;

f. ask a s s i s t a n c e f r o m e x p e r t s in t h e f r a m e w o r k of
execution of tasks of investigation into crimes in the
mark field;

c. clear information on goods and/or d o c u m e n t s asked,

sought, gathered and collected for proving;
d. having fears that parties allegedly violating mark will
be able easily to make the evidence disappear;
e. paying g u a r a n t e e in form of c a s h m o n e y or bank
guarantee.

(3) T h e civil servant investigators as m e a n t in paragraph

(1) notify the c o m m e n c e m e n t of i n v e s t i g a t i o n

anc

results of their investigation to investigators of the

Indonesian Police Force.
(4) T h e civil servant investigators as m e a n t in paragrapl
(1) convey results of their investigation to Public Pro

(2) In the case of the provisional stipulation as meant in

secutors through investigators of the Indonesian

Polict

Article 85 being already executed, the Court of C o m -

Force by observing the provision in Article 10 of Lav

m e r c e promptly notifies parties subjected to actions

No. 8/1981 on Criminal C o d e .

a n d o p e n o p p o r t u n i t y for the parties to h a v e their

information heard.

C H A P T E R XIV
CRIMINAL

PROVISION

Article 9 0

Article 67
Com-

W h o e v e r intentionally a n d unrightfully uses a marl

merce already issuing a provisional stipulation, the judge

totally the s a m e as a registered mark belonging to th.

of the Court of C o m m e r c e examining the dispute must

other party for g o o d s and/or services of the s a m e kirn

decide to a m e n d , revoke or fortify the stipulation as meant

which are produced and/or traded is sentenced to impris

in Article 85 not later than 30 (thirty) days as from the

o n m e n t of 5 (five) years at the m a x i m u m and/or a fine c

In the c a s e of the j u d g e of the Court of

date of issuance of the stipulation.

Business News 6664-6665/19-9-2001

Rp 1,000,000,000.00 (one billion rupiah) at the maximum

Article 91

ISA

Article 91

of a right, the recording of c h a n g e in n a m e a n d / o r

Whoever intentionally and unrightfully uses a mark

address, request for delisting or a n n u l m e n t of regis-

principally the same as a registered mark belonging to the

tration of a mark submitted o n the basis of Law No.

other party for g o o d s a n d / o r services of the same kind

which are produced and/or traded is sentenced to impris o n m e n t of 4 (five) years at the maximum and/or a fine of
Rp 800,000,000.00 (eight hundred million) at the maximum.

19/1992 as already a m e n d e d by Law No. 14/1997 on

mark but the application

is not yet c o m p l e t e d

upon

the date of e n f o r c e m e n t of this law is settled on the

basis of the provisions in the said law.
(2) All marks already registered o n the basis of Law No.
19/1992 as m e a n t in Law No. 14/199-7 on mark and

Article 92
(1) W h o e v e r intentionally

a n d unrightfully

uses a mark

totally the same as a geographical indication

belong-

ing to the other party for goods and/or services of the

still v a l i d

upon the

promulgation

of this

law

are

declared to remain valid a c c o r d i n g to this law for the

remainder of their respective registration

periods.

same kind which are produced and/or traded is s e n tenced to imprisonment of 5 (five) years at the maxim u m and/or a fine of Rp 1,000,000,000.00 (one billion
rupiah) at the m a x i m u m .
(2) W h o e v e r intentionally
principally

the

a n d unrightfully

uses a mark

s a m e as a g e o g r a p h i c a l

indication

belonging to the other party for g o o d s and/or services

Article 9 7
Lawsuits for the a n n u l m e n t of the marks as meant
in Article 96 paragraph (2) can c o n t i n u e to be submitted
to the Court of C o m m e r c e as m e a n t in Article 68, on the
basis of the reasons as m e a n t in Articles 4, 5 a n d 6.

of the same kind which are produced and/or traded is

Article 98

s e n t e n c e d to i m p r i s o n m e n t . o f 4 (five) y e a r s at the
m a x i m u m and/or a fine of Rp 800,000,000.00 (eight
hundred million) at the maximum.

Disputes over marks w h i c h are still processed in

the court upon the e n f o r c e m e n t of this law continue to be

(3) T h e provisions as meant in paragraphs (1) a n d (2) are

p r o c e s s e d on the basis of Law N o . 19/1992 as already

applied to the attachment of actual origin to products

a m e n d e d by Law No. 14/1997 on mark until they obtain

resulting from a violation or the attachment of words

decisions having p e r m a n e n t legal

power.

showing that the said products constitute imitation of

a registered and protected mark on the basis of geographical

indications.

Article 99
All technical directives m a d e on the basis of Law
No. 19/1992 as already a m e n d e d by Law No. 14/1997 on

Article 93
W h o e v e r intentionally and unrightfully uses a protected mark on the basis of indications of origin in goods
or services thus having capable of deceiving or misleading
the public about the origin of the g o o d s or services is s e n -

mark which have existed u p o n the e n f o r c e m e n t of this law

are declared to remain effective as long as they do not
contravene this law or are not yet replaced by new regulations on the basis of this law.

tenced to imprisonment of 4 (four) years at the maximum

C H A P T E R XVI

and/or Rp 800,000,000.00 (eight hundred million) at the

CONCLUSION

laximum.

Article

100

W i t h the e n f o r c e m e n t of this law, Law No. 19/

Article 94
(1) W h o e v e r trading goods and/or services ascertained or
noteworthy to ascertain that the said goods and/or ser-

1992 as already a m e n d e d by Law No. 14/1997 on mark is

declared null and void.

vices result from the violations as meant in Articles 90,

Article

91 and 93 is sentenced to imprisonment of one year at

the maximum a n d / c r a fine of Rp 2 0 0 , C C ? 0 0 0 . 0 0 (two
#

101

T h i s law c o m e s into force as from the date of promulgation.

hundred million) at the m a x i m u m .

(2) T h c crime a s m e a n t in paragraph (1) is a violation.

For public cognizance", this law shall be promulg a t e d by placing it in S t a t u t e B o o k of the Republic

Article 95
T h e crimes as meant in Articles 90, 91, 92, 93

Indon esia.

a n d 94 constitute actions liable to litigate.

Ratified in Jakarta

C H A P T E R XV
TRANSITIONAL

O n August 1,2001

PROVISION

T H E PRESIDENT OF T H E REPUBLIC O F INDONESIA

Article 96
(1) E v e r y a p p l i c a t i o n

f o r t h e e x t e n s i o n of

period of a registered mark, the recording of transfer

Business News 6664-6665/19-9-2001

sgd

protection
MEGAWATI

SOEKARNOPUTRI

Promulgated

of

19A

Promulgated in Jakarta

A n o t h e r m a t t e r d e a l s with t h e r e j e c t i o n of a n

O n A u g u s t 1,2001

application being the loss of a n application. For that pur-

T H E SECRETARY O F STATE

pose, it n e e d s regulation c a p a b l e of helping the applicant

sgd

to ascertain reasons for the rejection of his/her application more clearly by first notifying the applicant that the

M U H A M M A D M. BASYUNI

application will be turned d o w n .

In addition to the protection of trade and service

STATUTE BOOK O F
T H E REPUBLIC O F I N D O N E S I A O F 2001 N O . 110

marks, this law also regulates the protection of a g e o -

ELUCIDATION
O N
LAW NO. 15/2001
CONCERNING
M A R K

origin of a product b e c a u s e of g e o g r a p h i c a l factors, in-

graphical indication, namely a sign showing the region of

cluding natural or h u m a n factor or c o m b i n a t i o n thereof,
giving certain characteristics a n d quality to the production. Moreover, it also regulates an indication of origin.
Subsequently, in the view of the fact that a mark
constitutes part of e c o n o m i c / b u s i n e s s activities, the settlement of a dispute o v e r a mark n e e d s a special judicial

I. G E N E R A L

institution, namely the Court o f C o m m e r c e so that the dis-

T h e widespread globalization in both social, e c o -

p u t e o v e r t h e m a r k c a n be settled in a relatively fast

n o m i c , cultural a n d o t h e r life s e c t o r s is a d e v e l o p m e n t

period. In relation thereto, special law must also r e g u -

which is actual a n d seizes t h o r o u g h attention in the last

lated to settle disputes over mark, including

d e c a d e as well as a trend w h i c h stifl continues in the f u -

property rights. T h e special court for the settlement of

ture. Developments of technology, information and trans-

disputes over mark and intellectual property rights is also

intellectual

portation have c a u s e d trading activities to grow rapidly

known in other countries, s u c h as T h a i l a n d . In this law,

a n d even positioned t h e world as the collective sole mar-

the owner of a mark is also given iegal protection efforts,

such as provisional

ket.
T h e global trade era only can be maintained if a
climate of fair business competition is existent. In this case,
marks play a very i m p o r t a n t role, requiring a

more

a d e q u a t e regulation s y s t e m . Based o n the said develop-

stipulation

to prevent his/her mark from

suffering a bigger loss. In addition, this also contain provisions on arbitration and alternative for the settlement of
disputes to provide wider opportunity in the settlement of
the disputes.

ments a n d in line with international agreements already

T h i s law results in t h e regulation on mark in a

ratified by Indonesia as well a s experiences from execut-

single text so as to better facilitate the public to use it. In

ing the mark administration, t h e mark law, namely Law

this case, provisions in the old law w h o s e substances are

No. 19/1992 (Statute Book o f 1992 N o . 81) as already

not c h a n g e d , are contained again in this law.

a m e n d e d by Law No. 14/1997 (Statute Book of 1997 No.

3 7 ) h e r e i n a f t e r c a l l e d the

old

mark

law

needs to

be

II. A R T I C L E BY A R T I C L E
Articles 1 a n d 1

improved by a new mark law.

Sufficiently clear

C o m p a r e d t o t h e o l d mark law, contrast differe n c e s in this law d e a l with, a m o n g others, the settlement
of an application. Pursuant t o this law, substantive examination is executed after t h e applications fulfill administrative requirements. Previously, the substantive examination
is executed after t h e completion o f a n n o u n c e m e n t of marks.
T h e a m e n d m e n t is i n t e n d e d t o e n a b l e parties faster t o
ascertain whether t h e application is accepted or rejected,
a n d o p e n opportunity for o t h e r parties to raise

objections

a g a i n s t a p p l i c a t i o n s a l r e a d y a p p r o v e d for r e g i s t r a t i o n .
Under the new law, t h e a n n o u n c e m e n t period is 3 (three)
months, shorter t h a n that in t h e old law. A s a result of t h e
cutting of the a n n o u n c e m e n t period, the settlement p e riod of a n application will b e shorter totally in the framework of e n h a n c i n g service f o r the public.
In c o n n e c t i o n with a priority right, this law stipu-

Article 3
Unless otherwise stipulated firmly, what is meant
by parties in this article and s u b s e q u e n t articles in this law
is someone,

several

persons

collectively

or

statutory

bodies.
Article 4
A n applicant having g o o d intention is an application registering his/her mark properly a n d honestly without having any intention to g e t ride o n , copy or crib the
popularity of a mark belonging another party in the interest of his/her business that inflicts a loss on the other
party or causes unfair business competition, carelessness
or misleading to c o n s u m e r s . For example, trade mark A
already known generally by the public for years is cribbed

lates that in the c a s e of a n application failing to meet evi-

in such a way so as to have resemblance to the trade mark

d e n c e of receipt of a n application resulting in the priority

A principally or totally. Since the imitator has committed

right for the first time in 3 (three) m o n t h s after the expi-

t h e bad i n t e n t i o n in the e x a m p l e , e l e n . e n t s of his/her

ration o f t h e priority

intention in copying the already known t r a J e mark at least

right,

t h e s a i d application will be

treated as an ordinary application without the priority right.

Business News 6664-6665/19-9-2001

are noteworthy to ascertain.

Article 5

20A

Article 5

Article 7

Letter a

Sufficiently clear
T h e use of a mark capable of hurting the feeling,

polite behavior, orderliness and religiosity of public or cer-

Article S

tain groups of the society is included into the definition

Paragraph (1)

contravening religious morality, decency or public order.

Letter b

In principle, a n application can be submitter "ror

m o r a t h a n one class of g o o d s a n d / o r services in accor-

A mark is considered not having distinguishability

if the mark is too simple, such as being line mark or spot

d a n c e w i t h provisions of Trade Mark Treaty already ratified b y Presidential D e c r e e No. 17/1997.

mark, or too complicated so as to be unclear.

It a i m s at facilitating the mark owner planning to

Letter c

use his/her mark for several g o o d s and/or services of seveAn example of the mark is the mark of skull above

ral classes which are not n e c e s s a r y to get o c c u p i e d by

two crossing bones, which have been publicly known as

administrative p r o c e d u r e s requiring t h e separate regula-

the danger mark. S u c h a mark is a mark being general in

tion on an application for every class of the g o o d s and/or

the nature and already belonging to the public property.

services.

In relation thereto, the sign cannot be used as a mark.

Paragraphs (2) and (3)

Letter d

Sufficiently clear
T h e mark connects with or only mentions goods

or services whose registration is requested, e.g. mark of

coffee or coffee picture for coffee or coffee products.
.rticle 6

Article 9
Sufficiently clear
Article 10

Paragraph (1)

Paragraph (1)

Letter a

This provision also applies to applications using a

W h a t is m e a n t by similarity

in principle

is the

priority right.

r e s e m b l a n c e c a u s e d by significant e l e m e n t s between a

Paragraph (2)

mark and other mark, which can result in the impression

Sufficiently clear

of similarity in both form, placement m e t h o d , writing way

or combination of e l e m e n t s a n d similarity of pronunciation contained in the mark.

Article 11
This provision aims at a c c o m m o d a t i n g the state

Letter b

interest being a m e m b e r of t h e Paris Convention for the

T h e rejection of an application having similarity

Protection of Industrial Property 1883 (as already a m e n d e d

principally and wholly to a popular mark for g o o d s and/or

several times) or t h e A g r e e m e n t Establishing the World

services of the s a m e kind is done by observing the public

Trade Organization.

knowledge about the mark in the relevant business field.

In addition, reputation of the popular mark acquired due

Article 12

to intensive and massive promotion, investments in c o u n -

Paragraph (1)

tries which are executed by the owner a n d a c c o m p a n i e d

T h e evidence of a priority right is in the form of

by evidence of registration of the mark in countries also

application for registration a l o n g e v i d e n c e of receipt of

needs to be observed. In the case of the a b o v e mentioned

the application also providing affirmation on the date of

matters being considered not sufficient yet, the Court of

receipt of the application. If w h a t is c o n v e y e d is in the

Tommerce can instruct an independent institution to carry

form of copy or p h o t o c o p y of t h e receipt, t h e e n d o r s e -

out a survey for making a conclusion whether the mark

ment of the copy or p h o t o c o p y of the receipt is granted by

becoming the basis for the rejection is popular or not.

the Directorate General in the c a s e of the application is

Letter c

submitted for the first time.

Paragraph (2)

Sufficiently clear
Paragraph (2)

Translation is d o n e by a s w o r n in translator.

Sufficiently clear

Paragraph (3)

Paragraph (3)

Sufficiently clear

Letter a
Name

of statutory

body

means the n a m e of the

statutory body used as a mark and registered at the Mark

General List.

Article 13
Paragraph (1)
Sufficiently clear

Letter b

Paragraph (2)
National

institutions

includes m a s s organizations

Date

of dispatch

a n d social political organizations.

the basis of postal s t a m p .

Letter c

Paragraph (3)
Sufficiently clear

Business News 6664-6665/19-9-2001

m e a n s the d a t e of dispatch on

Sufficiently clear

Article 14

21A

A r t i c l e 14

This provision is n e c e s s a r y to prevent the possi-

Sufficiently clear

bilities of appeal from b e i n g used as an instrument to c o m plete t h e s h o r t c o m i n g s in t h e application for fulfilling the

Article 15

requirements already g i v e n in t h e previous phase.

Paragraph (1)

Article 30 up t o article 3 2

T h e date of receipt is known as the filing date.

Sufficiently d e a r

T h e date of receipt may be the s a m e as the date

of regulation of an application if the whole requirements

Article 33

are fulfilled u p o n the submission of the application. If the

Paragraph (1)

complete requirements are just fulfilled on other date

after

In e x e c u t i n g its t a s k s , t h e A p p e a l C o m m i s s i o n

the date of submission, the other date is stipulate as the

works independently o n t h e basis of expertise and cannot

date of receipt.

be influenced by any party.

Paragraph (2)

Paragraph (2)

Sufficiently clear

Experts w h i c h c a n be appointed as m e m b e r s of
the Appeal C o m m i s s i o n c a n c o m e from personnel of go-

Article 16 up to article 18

v e r n m e n t o r private institutions.

Sufficiently clear

S e n i o r auditors a r e auditor already having sufficient experience in e x a m i n i n g applications.

Article 19

Paragraphs (3) a n d (4)

Paragraphs (1) a n d (2)

Sufficiently d e a r

Sufficiently clear

Paragraph (5)

Paragraph (3)

T h e provision that t h e n u m b e r of m e m b e r s of the

Career path m e a n s the rank of functional officials

as stipulated in laws in f o r c e .

A p p e a l C o m m i s s i o n c o u n c i l is o d d aims at enabling the

decision making by m e a n s of majority votes, in the case
of the divergent view.

Articles 20 a n d 21
Sufficiently clear

Article 34
Suffidentiy d e a r

Article 22
Paragraph (1)
Special

Article 35
means provided

by t h e

Directorate

Paragraph (1)

General includes billboard. If the condition is possible, the

s p e c i a l m e a n s will be d e v e l o p e d by, a m o n g s t o t h e r s ,

Suffidentiy d e a r
Paragraph (2)

m i c r o f i l m , m i c r o f i c h e , C D - R O M , t h e internet a n d other

In contrast to t h e old mark law, the period of sub-

media.

mission of an application for the extension in this law is

Paragraph (2)

fastest 12 (twelve) m o n t h s as f r o m the expiration of protection period o f the m a r k up to the date of expiration of

Sufficiently clear

the mark protection. It is m e a n t as a facility for the mark

owner.

Article 23 up to article 28

Paragraph (3)

Sufficiently clear

Sufficiently d e a r

Article 29

Article 36 up to article 3 9

Paragraph (1)
T h e application for appeal is only limited to substantive reasons or considerations becoming the basis for
the said r e j e c t i o n . T h e r e f o r e , the appeal cannot

be

requested b e c a u s e of other reasons e.g. the application is

considered having withdrawn.
Paragraphs (2) a n d (3)
Sufficiently clear
Paragraph (4)
Reasons, explanations or evidence attached to an
application for appeal must characteristically further deepen
the reasons, explanations or evidence which have been or
should be c o n v e y e d .

Business News 6664-6665/19-9-2001

Sufficiently clear
Article 4 0
Paragraph (1)
Other c a u s e s justified by l a w s a s long a s they do
not contravene this law include the m a r k ownership due
to the dissolution of a statutory body formerly being the
owner of the mark.
Paragraph (2)
Sufficiently d e a r
Paragraph (3)
T h e d o c u m e n t s i n c l u d e Certificate of Mark and
other books supporting t h e right ownership.

Paragraph

f4)

22A

Paragraph (4)

attribute of the product. Marks w h i c h c a n be used as a

Sufficiently clear -

geographical condition can take t h e form of etiquette or

Paragraph (5)

label attached to the production. T h e marks can be in the

T h e stipulation that t h e legal c o n s e q u e n c e s are

form of name of place, region or territory, word, picture,

just effective after the transfer of right to the mark is

letter or combination of the e l e m e n t s . T h e name of place

recorded in the Mark G e n e r a ! List is intended to facilitate

can originate from a n a m e m e n t i o n e d in t h e geographical

supervision and realize legal certainty.

map or name known as the n a m e of place of origin of the

Article 41

said product d u e to the c o n t i n u o u s use. T h e protection of

Paragraph (L)

geographical indication covers natural resources, agricul-

Sufficiently clear

tural products, handicraft; or certain industrial products.

Paragraph (2)

Paragraph (2)

T h e transfer of right to a service mark in this para-

Institutions

representing

communities

in

regions

graph can only be done if there is a guarantee from both

producing

the mark owner or mark licensee or recipient of license, to

g e o g r a p h i c a l indications a n d t h e institutions

maintain the quality of service traded.

g o v e r n m e n t institutions or other official institutions, such

For the purpose, it needs a special guideline formulated by the mark o w n e r (licenser or party transferring

goods

are institutions a u t h o r i z e d to register

constitute

as cooperatives, associations and others.

Paragraph (3) up to paragraph (9)

the mark) on methods of or procedures for providing ser-

Sufficiently clear

vices attached by the mark.

Article 57 up to article 6 0
.rticle 42 up to article 45

Sufficiently clear

Sufficiently clear
Article 61
Paragraph (1)

Article 46
In the case of the owner of a registered mark not

Sufficiently clear

using his/her mark directly in t h e trade of goods or ser-

Paragraph (2)

vices in Indonesia, the use of the mark by a licensee is the

Letter a

same as the use by the owner of the registered mark. It

T h e latest use m e a n s the use of the mark for goods

c o n n e c t s with possibilities of delisting o f registration of

or services which are t r a d e d . T h e m o m e n t of the latest

marks which are not used in the trade of g o o d s or services

use is calculated from the date of the latest use even though

for 3 (three) m o n t h s consecutively as m e a n t in Article 61

the g o o d s are still distributing in c o m m u n i t i e s .

paragraph (2) letter a.

Letter b

Article 4 7 up to article 4 9

ity in the form of writing of word or letter or the unsuit-

T h e unsuitability in the use covers the unsuitabilability in the use of different color.

Sufficiently clear

Paragraph (3) up to paragraph (5)

Article 50

Sufficiently clear

Paragraphs (1) a n d (2)

Article 62 up to article 6 7

Sufficiently clear

Sufficiently clear

aragraph (3)
Provisions o n , a m o n g s t others, nature, general
characteristics and quality of g o o d s or services as well as

Article 68

their

Paragraph (1)

supervision contain a definition

that there

are

requirements which must be fulfilled by parties taking part

Interesting parties m e a n s , a m o n g s t others, pro-

in using the collective mark.

secutor, c o n s u m e r a d v o c a c y foundations/institutions

Paragraph (4)

religious

Sufficiently clear

and

councils/institutions.

Paragraph (2) up to paragraph (4)

Sufficiently clear

Article 51 up to article 55
Sufficiently clear

Article 69
Paragraph (1)
Sufficiently clear

Article 56
Paragraph (1)

Paragraph ( 2 ) T h e definition

A geographical indication is an indication or iden-

religious

morality,

decency

territory that shows the quality, reputation and character-

in elucidation o n Article 5 letter a . Also included into the

istics, including natural a n d h u m a n factors used as an

definition contravening public order is bad intention.

Business News 6664-6665/19-9-2001

or public

contravening

tity of a product originating on a certain place, region or

order is the s a m e as that as contained

Article 70

23A

Article 70 up to article 74

Article 85

Sufficiently clear

Letter a
T h i s provision is i n t e n d e d to p r e v e n t the party

Article 75

whose right is violated from suffering a bigger loss so that

Paragraphs (1) a n d (2)

the Court of C o m m e r c e is authorized to issue a provisional

Sufficiently clear

stipulation

Paragraph (3)
T h i s law stipulates provisions on possibilities of
the use of part of non-tax state revenue (PNBP) by the
Directorate General, which c o m e s from all costs connected
with mark.
To use the revenue

m e a n s the use of PNBP on the

and

trading lanes, including the importation.

Legal action of appeal or appeal to the S u p r e m e
Court cannot filed against the provisional stipulation.
Letter b
T h e provision aims at preventing violators from

basis of systems and mechanisms in force. In this case,

the whole revenue is remitted directly to the state trea-

for preventing t h e c o n t i n u o u s violation

g o o d s allegedly violating right to a mark from coming into

causing the evidence to despair.

sury office as PNBP. Later, the Directorate General through

t h e Minister s u b m i t s an a p p l i c a t i o n to the Minister

of

Finance for using part of PNBP in accordance with the need

permitted by law, which is now regulated in Law No. 20/
1997 on Non-Tax State Revenue (Statute Book of 1997

Article 86
Paragraph (1)
Letter a
Evidence

No. 4 3 ) .

of mark

ownership

m e a n s a certificate

of mark. In the case of the applicant of stipulation being a

l i c e n s e e , the e v i d e n c e can be in t h e f o r m o f letter of

Article 76 up to article 79

recording of licensing a g r e e m e n t .

Sufficiently clear

Letter b
Article 80

Sufficiently clear

Paragraph (1)

Letter c

C h a i r m a n of the Court of C o m m e r c e means the

Chairman of the Court of C o m m e r c e in place where the
Court of C o m m e r c e is located.

T h e information is in t h e form of details of kinds

of g o o d s or k i n d s of s e r v i c e s s u s p e c t e d as

products

resulting from the violation against mark.

Paragraph (2)

Letter d

Sufficiently clear

Sufficiently clear

Paragraph (3)
Unless otherwise stipulated, the secretary of the

Letter e
T h e a m o u n t of guarantee is equal to the value of

court as m e a n t in this law is the secretary of the Court of

Commerce.

g o o d s or the value of services subjected to the provisional

stipulation.

Paragraph (4) up to paragraph (6)

Paragraph (2)

Sufficiently clear

Sufficiently clear

Paragraph (7)
Bailiff m e a n s a bailiff at the State Court/Court of
Commerce.

Article 87
Sufficiently clear

Paragraph (8) up to paragraph (10)

Sufficiently clear

Article 88
Letter a

Articles 81 a n d 82

Sufficiently clear

Sufficiently clear
Letter b
Article 83

In the case of the guarantee m o n e y being in the

Paragraph (1) up to paragraph (5)

form of bank guarantee, the j u d g e instructs for cashing

Sufficiently clear

out the guarantee into cash money.

Paragraph (6)
Documents

of appeal

means application

for

appeal, appeal memory, and/or contra-appeal memory as

well as other d o c u m e n t s .
Paragraph (7) up to paragraph (12)
Sufficiently clear
Article 84
Sufficiently clear

Business News 6664-6665/19-9-2001

Articles 89 up to article 101

Sufficiently clear
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