Thursday, January 12, 2017
Monday, January 9, 2017
WIPO's 2015 data report on World Patent Indicators shows an interesting trend for Indonesia.
Patent filings in the country jumped by over 14% in 2015 over the previous year, the second largest % rise worldwide after China. This is well over its 7.8% long term growth trend. 9,153 patent applications were made in total. 1,058 of them (nearly 12%) were by Indonesian residents. However two thirds of the growth came from foreign applications. Principally this is from Japan which filed over a quarter of all applications in Indonesia.
By comparison total patent filings in other SE Asian markets were as follows:
This will be good for government revenue and surely reflects increasing foreign investment.
Grant rates however remain low at 1911 in 2015, suggesting an increasing backlog. The grant to application ratio of Indonesia is lower than other countries in the region - Thailand, Philippines and Malaysia are showing far higher grant levels. This needs to be addressed to avoid longer delays. The new patent law might help.
But whilst domestic Indonesian applications rose by 4%, only 6 PCTs were filed by Indonesians, demonstrating how little international technology focus the country has. Compared with 17 PCTs from Philippines, 97 from Thailand and 15 from Vietnam. Indeed, one worries that some of the local inventor applications might not withstand foreign examination.
Saturday, December 24, 2016
When lawyers get into legal disputes with each other, it tends to get messy. Indonesia has in the past struggled to maintain a single bar association for lawyers. In recent years, the Perkumpulan Advokat Indonesia / Indonesia Lawyers Association has been the only one.
However more recently the Persatuan Advokat Indonesia / Indonesia Lawyers Union appeared as an offshoot if the Association. They were both using the same logo along with a near identical name. The Association founded on 20 August 1964, filed trademarks for PERADIN under the name of Persatuan Advokat Indonesia in 2010 in classes 45, 41, 38 and 16. The Union was an offshoot following an internal dispute.
The Association sued the Union claiming infringement as the Union offered services as a professional organization and ran seminars. The Association also claimed that the Union used the PERADIN mark on signs, letterheads, as well as on public announcements. The Association sought IDR 5 billion as intangible damages and a public apology.
Thursday, December 15, 2016
Firstly the old law applies to patents filed before the new Patent Law came into force on 26th August 2016. There is no clarity in whether the government will continue to demand payments as they did in the past, but presumably not.
Patent holders will need to pay specific attention to annuities due since August.
Monday, December 12, 2016
Wednesday, December 7, 2016
Tuesday, November 22, 2016
Tuesday, November 1, 2016
- Non-traditional Marks can be filed – e.g. 3D, sound and hologram marks
- Madrid Protocol applications can be filed (after Implementing Regulations)
- New absolute grounds for rejection for marks which are misleading or deceptive. Generic marks must contain additional material to be registered
- Electronic filing of applications
- Publication will now be before examination (reversing the current process)
- The opposition period is shortened from 3 months to 2 months
- Substantive examination will speed up under shortened timeframes
- Registration - In theory, registration will now take 9 months, compared to the previous 14 month timeline. But in practice it presently takes 3 years!
- Late renewals are now possible in some cases
- Recordal of Assignment/Change of details can now be filed against pending applications. Recordal of licenses is only possible against registered marks.
- Post registration amendments to certificates are now possible, after Implementing Regulations.
- Revocation / Deletion of marks can now also be for conflict with a prior GI or Traditional Knowledge element.
- There are additional rules on trademark litigation in the commercial court.
- The IPO's PPNS investigation officers' powers are clarified
- Criminal penalties for trade mark infringement have been doubled and further increased for safety related products
- The new law removes the term “deliberately” from trademark crimes
Monday, October 31, 2016
Thursday, October 27, 2016
In the last of the IP law amendments in this round, Indonesia has passed its new Trademarks Law this week. The Copyright Law was amended in September 2014 and Patents and Designs earlier in 2016.
The Trademarks law had many proposed amendments over the year causing a 6 month delay - for example after the June fake vaccines scare increased penalties for safety related product fakes. It is also intended to enable the Madrid system to be implemented (an ASEAN requirement). Geographic Indications are also included. A more detailed analysis of the changes will follow.
Wednesday, October 26, 2016
The factors that lead to this trade's growth are plain to see. Acceptance of low level economic crimes and weak enforcement of laws are clear reasons. China is a large part of the problem but it is improving. Developed markets often score well due to their stronger legal environments. But Singapore scores badly due to its laissez fair attitude to transhipment, worth billions - implying that Singapore earns a great deal of money transhipping illicit goods. Emerging markets with weak legal environments are havens for illicit trade naturally. This applies especially to Cambodia, Laos and Myanmar but Indonesia, Philippines and Vietnam are only slightly above the bottom 3. Only 9 of 17 countries studied have proper Customs recordal system in place for IP - 20 years after the WTO TRIPS agreement too effect for most countries!
Saturday, October 15, 2016
Processing times for BPOM to register various categories of drugs have also been accelerated. This applies to categories such as major variants like reformulations, re-registrations, along with drugs for serious and life threatening illnesses and orphan drugs.
Meanwhile Indonesia's Parliament is debating a far more comprehensive
Draft Bill on Drugs and Foods Supervision which is intended to improve the quality, safety and efficacy of drugs and foods across the country. It proposes to do this by bringing the current patchwork of rules under one law. More rigourous distribution rules are driven by the recent fake vaccines scandal (see here).
Monday, October 3, 2016
U Tint Naing Vs. Daw Kyu Kyu San & others is a rare example of a criminal counterfeiting case from 2015 in the Yangon courts. It began when the Myanmar distributor on Korean company Nature Republic Co. Ltd Korea took action against 4 shop owners in Yuzana Plaza, Yangon claiming they were selling counterfeit cosmetics. The police then further arrested a wholesaler and discovered the fake goods were imported. The 4 retailers cooperated and the wholesaler paid compensation. Public apologies were published in local newspapers and the Court eventually discharged the defendants.
Most fakes in Myanmar come overland from China. As yet no trademark law exists, but it is possible to enforce other rights.