The new Indonesian Trademark Law No. 20 of 2016 went into effect on November 25, 2016 and was numbered by the State Secretariat yesterday on December 7, 2016. The new law includes the following:
1. Once an application is filed the application will be published within 15 days and will go through both:
a. 2 months publication period for opposition period, and
b. Substantive examination.
2. Electronic filing for new trademark application will go into effect and it is targeted to be available online between 20th or 21st December, 2016. This will include electronic filing for patents, trademarks and industrial design. This Ministerial decree is an anticipation of the new Trademark Law coming into effect.
3. 3D marks will now be available.
4. The changes in the law should speed up examination from the current 18-24 months to around 14 months. The law provides that the cycle will be 12 months.
5. Electronic filing of renewals has already been available and now, there will be a 6 month grace period before the expiry where a trademark can be renewed. In addition there is a 6 month grace period after the expiry of a trademark where a rights holder can still renew their trademark in line with the Madrid Protocol.
6. The articles regarding damages have increased.
Note by Hadromi Adnan Intellectual Property Group. For more information, contact zain@hadromiadnan.com