CHAPTER I GENERAL PROVISION
Article 1 Referred to in this law as :
1. Mark is a sign in the form of picture, name, word, letters, figures, configuration of colors or combination of the said elements which has distinguish ability and is used in trading activities of goods and services.
2. Trade mark in a mark used in goods traded by somebody or several persons collectively or statutory bodies for distinguishing the goods from other goods of the same kind.
3. Service mark is a mark used in services traded by somebody or several persons collectively or statutory bodies for distinguishing the services from other goods of the same kind.
4. Collective mark is as mark used in goods and/or services of the same characteristics which are traded by somebody or several persons collectively or statutory bodies for distinguishing the goods and/or services from other goods/services of the same kind.
5. Application is a request for the registration of mark submitted in writing to the Directorate General.
6. Applicant is a party submitting an application.
7. Auditor is a mark examiner, namely an official appointed by a ministerial decree, and tasked to examine applications for the registration of marks because of his/her expertise.
8. 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. Directorate General is the 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 requirements.
12. Consultant of Intellectual Property Rights is somebody having expertise in the field of intellectual property rights and specially providing services in the field of submission and settlement of applications for patents, marks, industrial designs as well as other 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 agreement based on the granting of rights (not the transfer of rights) to use the mark wholly and partly for goods and/or services which are registered in a specified period and under certain conditions.
14. Priority right is a right of an applicant to submit an application originating in countries which join the Paris Convention for the Protection of Industrial Property or the Agreement Establishing the World Trade Organization to secure recognition that the date of receipt in countries of origin constitutes the priority date in the destination country which is also a member country of the two agreements, as long as the submission is done in the period already determined on the basis of the Paris Convection for the Protection of Industrial Property.
15. Day is working day.
CHAPTER II SCOPE OF MARK
Part One General
Article 2
The mark as stipulated in this law covers trade and service marks.
Article 3
Right to Mark is an exclusive right granted by the country to the owner 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
Un-registeredable and rejected mark
Article 4
A mark cannot be registered on the basis of an application submitted by an applicant with the bad intention.
Article 5
A mark cannot be registered if it contains any of the following elements :
a. contravening laws in force, religious morality, decency or public order;
b. not having distinguishability
c. already becoming public property; or
d. being information on or being connected with goods and/or services whose registration is applied for.
Article 6
1. The Directorate General must reject any application, if the mark:
a. being the same principally or totally as a mark of other parties, which has been registered first, in
b. the case of goods and/or services of the same kind;
c. being the same principally or totally as a mark already popularly belonging to other parties, in the case of goods and/or services of the same kind;
d. being the same principally or totally as a geographical indication already known.
2. The provision as meant in paragraph (10 letter b also can be applied to goods and/or services of other kinds as long as they fulfill certain requirements which will be further stipulated by a government regulation.
3. The directorate General also must reject any application if the 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 of the rightful party;
b. being imitation or having resemblance to names or acronyms of names, flags, signs or symbols or emblems of countries or national and international institutions, unless otherwise based on the written approval of the authorized party;
c. being imitation or having resemblance to signs or seals or official stamps used by countries or government institutions, unless otherwise based on the written approval of the authorized party;
CHAPTER III APPLICATION FOR REGISTRATION OF MARK
Part One Requirements and Procedures for Application
Article 7
1. Every application is submitted in writing in the Indonesian language to the Directorate General by mentioning:
a. month, date, year;
b. full name, citizenship and address of the applicant;
c. full name, and address of proxy, in the case of the application being submitted through a proxy;
d. colors, if the mark whose registration in applied for uses color elements;
e. name of country and date of the first request for mark, in the case of the mark being submitted with a priority right.
2. Every application must be signed by the applicant or his/her proxy.
3. The applicant as meant in paragraph (2) can consist of one person or several persons collectively, or a statutory body.
4. The application is accompanied by payment receipt of costs.
5. If an application is submitted by more than one person collectively that have right to the said mark, all names of the applicants are mentioned by choosing one of the addresses as their address.
6. If the application as meant in paragraph (5), the said application is signed by one of the applicants entitled to the mark by attaching the written approval of the representing applicants.
7. In the case of the application as meant in paragraph (5) being submitted through their proxy, the power of attorney is signed by all parties entitled to the said mark.
8. The proxy as meant in paragraph (7) is a consultant of intellectual property rights.
9. Provisions on requirement regulation, while procedures for the appointment of the consultant are regulated by a presidential decree.
Article 8
1. Applications for 2 (two) classes of goods or more and/or services can be submitted in one application.
2. The application as meant in paragraph (1) must mention kinds of goods and/or services subsumed in classes whose registration is applied for.
3. Classes of the goods and/or services as meant in paragraph (1) are further regulated by a government regulation.
Article 9
Provisions on requirements and procedures for the application are further stipulated by a government regulation.
Article 10
1. Every application submitted by applicants living or domiciled permanently outside the territory of the Republic of Indonesia must be submitted through their proxies in Indonesia.
2. The applicants as meant in paragraph (1) must declare and chose domiciles of proxies as their legal domiciles in Indonesia
Part Two Application for Registration of Mark with Priority Right
Article 11
Every application using a priority right must be submitted not later than 6(six) months, starting from the date of receipt of application for the registration of mark received for the first time in other country, which constitutes a member country of the Paris Convention for the Protection of Industrial Property or the Agreement Establishing the World Trade Organization.
Article 12
1. Besides fulfilling the obligations as meant in Part One of this Chapter, every application using a priority right must be accompanied by evidence of receipt of application for the first time, which results in the priority right.
2. The evidence of the priority right as meant 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 3 (three) months after the expiration of a right to submit application by using the priority right as meant in Article 11, the application continues to be processed, but it uses no priority right.
Part Three Examination of Completeness of Application for Registration of Mark
Article 13
1. The Directorate General examines the completeness of the requirements for registration of mark as meant in Articles 7, 8, 9,10, 11 and 12.
2. In the case of shortcomings being found in the completeness of the requirements as meant in paragraph (1), the Directorate General asks for completing the requirements not later than 2 (two) months as from the date of dispatch of the request for completing the requirements.
3. In the case of the shortcomings dealing with the requirements as meant in Article 12, the deadline of completion of the requirements is 3(three) months at the maximum, starting from the date of expiration of the period of submission of application using a priority right.
Article 14
1. In the case of the requirements being not completed in the period as meant in Article 13 paragraph (2), the Directorate General notifies the applicant or his/her 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 cannot be taken off.
Part Four Time of receipt of application for registration of mark
Article 15
1. In the case of the whole administrative requirements as meant in Articles 7, 8, 9, 10, 11, and 12 being already fulfilled, the application is given the date of receipt.
2. The date of receipt as meant in paragraph (1) is recorded by the Directorate General.
Part Five
Change in and withdrawal of application for registration of mark
Article 16
Every application is only allowed to change in name and/or address of the applicant or his/her proxy.
Article 17
1. As long as a decision does not yet obtain from the Directorate General, applicants or their proxies can withdraw their applications.
2. In the case of the withdrawal as meant in paragraph (1) being done by a proxy, it must be done on the basis of special power of attorney for the need of the withdrawal.
3. In the case of an application being withdrawn, all costs already paid to the Directorate General cannot be taken off.
CHAPTER IV REGISTRATION OF MARK
Part One Substantive Examination
Article 18
1. Not later than 30 (thirty) days as from the date of receipt as meant in Article 15, the Directorate General examines the application substantively.
2. The substantive examination as meant in paragraph (1) is done on the basis of the provisions as meant in Articles 4, 5 and 6.
3. The substantive examination as meant in paragraph (1) is completed not later than 9 (nine) months.
Article 19
1. The substantive examination is executed by an auditor at the Directorate General.
2. The auditor is an official who is appointed as and relieved of a functional official by the Minister on the basis of certain requirements and qualifications because of his/her expertise.
3. The auditor is given a functional career path and allowance, besides other rights in accordance with laws in force.
Article 20
1. In the case of an auditor reporting results of the substantive examination that an application can be approved for registration, based on the approval of the Director General, the application is announced in Mark Gazette.
2. In the case of an auditor reporting results of the substantive examination that an application cannot be registered or is rejected, based on the approval of the Director General, the rejection is notified in writing to the relevant applicant or his/her proxy by mentioning reasons for the rejection.
3. Not later 30 (thirty) days as from the date of receipt of the application as meant in paragraph (2), the applicant or his/her proxy can raise objection or response by mentioning reasons.
4. In the case of the applicant or his/her proxy not raising the objection or response as meant in paragraph (3), the Directorate General stipulates a decision on the 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 the Directorate General, the application is announced in Mark Gazette.
6. 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 unacceptable, based on the approval of the Directorate General, a decision on the rejection of the said application is stipulated.
7. The decision on rejection as meant in paragraphs (4) and (6) is notified in writing to the relevant applicant or his/her proxy by mentioning its reasons.
8. In the case of an application being rejected, all costs already paid to the Directorate General cannot be withdrawn.
Part Two Announcement of Application
Article 21
Not later than 10 (ten) days as from the date of approval of an application for registration, the Directorate General announces the application in Mark Gazette.
Article 22
1. The announcement lasts for 3(three) months and is executed by:
a. placing it in Mark Gazette issued periodically by the Directorate General; and/or
b. placing it in special means easy and clear for public view which is provided by the Directorate General.
2. The Directorate General records the date of commencement of announcement of an application in Mark Gazette.
Article 23
The announcement is done by mentioning :
a. full name and address of the applicant, including proxy in the case of the application being submitted through a proxy;
b. class and kind of goods and/or services whose mark is requested for registration;
c. date of receipt;
d. name of the country and date of receipt of an application for the first time, in the case of the application being submitted by using a priority right; and
e. specimen of mark, including information on color and in the case of etiquette of mark using foreign language and/or letters other than Latin letters and/or figures not common in the Indonesian language, along with its translation into the Indonesian language, Latin letters or figures common in the Indonesian language, as well as its pronunciation in Latin spelling.
Part Three Objection and Rebuttal
Article 24
1. During the announcement period as meant in Article 22, every party can raise objection in writing for the said application to the Directorate General with a cost being charged.
2. The objection as meant in paragraph (1) can be submitted if there is sufficient reasons and proof that the mark whose registration is applied for is an unregisteredable and rejected mark on the basis of laws.
3. In the case of the objection as meant in paragraph (1) being existent, the Directorate General sends a copy of letter containing the objection to the relevant applicant or his/her proxy not later than 14 (fourteen) days as from the date of receipt of the objection.
Article 25
1. The applicant or his/her proxy is entitled to deliver a rebuttal of the objection as meant in Article 24 to the Directorate General.
2. The rebuttal as meant in paragraph (1) is submitted in writing not later than 2(two) months as from the date of receipt of the copy of objection conveyed by the Directorate General.
Part Four Reexamination
Article 26
1. In the case of any objection and/or rebuttal, the Directorate General uses the objection and/or rebuttal as consideration material in the reexamination of the application already announced as meant in Article 21.
2. The reexamination of the application as meant in paragraph (1) is completed not later than 2(two) months as from the date of expiration of the announcement period.
3. The Directorate General notifies in writing the result of the reexamination as meat in paragraphs (1) and (2) to the party raising the objection.
4. In the case of the auditor reporting results of the reexamination that the objection is acceptable, the Directorate General notifies the applicant in writing that the application cannot be registered or is rejected, and in such case, the applicant or his/her proxy can appeal.
5. In the case of the auditor reporting results of the reexamination that the objection is unacceptable, based on the approval of the Director General, the application is declared approved for registration in Mark Gazette.
Article 27
1. In the case of the objection as meant in Article 24 being not existent, the Directorate General issues and grants a mark certificate to the applicant or his/her proxy not later than 30(thirty) days as from the date of expiration of the announcement period.
2. In the case of the objection as meant in Article 26 paragraph(5) being unacceptable, the Directorate General issues and grants a mark certificate to the applicant or his/her proxy not later than 30(thirty) days as from the date of approval of the application for registration in Mark Gazette.
3. The mark certificate as meant in paragraph(1) contains:
a. full name and address of the owner of the registered mark;
b. full name and address of the proxy, in the case of the application being submitted on the basis of the provision in Article 10;
c. date of submission and date of receipt;
d. name of the country and date of receipt of the application form the first time, in the case of the application being submitted by using a priority right;
e. etiquette of the registered mark, including information on kinds of colors, in the case of the said mark using mark elements and in the mark using foreign language and/or letters other than Latin letters and/or figures not common in the Indonesian language, along with its translation into the Indonesian language, Latin letters or figures common in the Indonesian language, as well as its pronunciation in Latin spelling;
f. number and date of registration;
g. the validity period of registration of mark.
4. Every party can submit an application for obtaining official texts of certificates of marks registered in Mark Gazette by paying a cost.
Part Five Protection Period of Registered Mark
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 in extendible.
Part Six Application for Appeal
Article 29
1. An application for appeal can be filed against the rejection of an application connected with reasons and consideration bases on the substantive matters as meant in Articles 4, 5, and 6.
2. The application for appeal is submitted in writing by the relevant applicant or his/her proxy to the Mark Appeal Commission with a copy made available to the Directorate General by paying a cost
3. The application for appeal is submitted by explaining the objection completely as well as reasons for the rejection of the application as a result of the substantive examination.
4. The reasons as meant in paragraph (3) must not be correction or improvement of the rejected application.
Article 30
1. Every application for appeal is submitted not later than 3(three) months as from the date of notification of rejection of the application.
2. In the case of the period as meant in paragraph (1) application is considered accepting the rejection of the application.
3. In the case of the application being already considered acceptable as meant in paragraph (2), the Directorate General records and announces the rejection.
Article 31
1. The Mark Appeal Commission makes a decision not later than 3(three)
2. In the case of the Mark Appeal Commission ruling in favor of the application for appeal, the Directorate General executes the announcement as meant in Article 21, except the application already announced in Mark Gazette.
3. In the case of the Mark Appeal Commission rejecting the application for appeal, the applicant or his/her proxy can file a lawsuit against the decision on the rejection of the application for appeal to the Court of Commerce not later than 3(three) months as from the date of receipt of the decision on the rejection.
4. Only appeal for the Supreme Court can be filed against the decision of the Court of Commerce as meant in paragraph (3).
Article 32
Procedures for the application, examination and settlement of appeal are further stipulated by a presidential decree.
Part Seven Mark Appeal Commission
Article 33
1. The Mark Appeal Commission is a special agency which is independent and belongs to the department in charge of intellectual property rights.
2. The Mark Appeal Commission consists of a chairman concurrently member, vice chairman concurrently member and members composed of several experts in needed fields, as well as senior auditors.
3. The members of the Mark Appeal Commission as meant in paragraph(1) are appointed and relieved by the Minister for the tenure of 3(three) years.
4. The chairman and vice chairman are elected from and by members of the Mark Appeal Commission.
5. In order to examine an application for appeal, the Mark Appeal Commission establishes a council with the number of members being odd, at least 3(three) persons, and out of them, one is senior auditor not examining the application substantively.
Article 34
The organizational structure, tasks and functions of the Appeal Mark Commission are further stipulated by a government regulation.
Part Eight Extension of Protection Period of Registered Mark
Article 35
(1) Every owner of mark can submit an application for the extension for the same period any time.
(2) The application for the extension as meant in paragraph (1) is submitted in writing by the owner of mark or his/her proxy not later than 12 (twelve) months before the expiration of the protection period of the registered mark.
(3) The application for the extension as meant in paragraph (2) is submitted to the Directorate General.
Article 36
An application for the extension is approved if:
a. the relevant mark is still used in the goods or services as meant in the said certificate of mark; and
b. the goods or services as meant in letter a are still produced and traded.
Article 37
(1) The Directorate General rejects an application for the extension if the said application fails to comply with the provisions as meant in Articles 35 and 36.
(2) The Directorate General rejects an application for the extension, if the said mark has resemblance principally or totally to a popular mark belonging to other parties, by observing the provisions as meant in Article 6 paragraph (1) letter b and paragraph (2).
(3) The rejection of application for the extension is notified in writing to the owner of the mark or his/her proxy by mentioning reasons for the rejection.
(4) A rebuttal of rejection of application for the extension as meant in paragraphs (1) and (2) can be filed to the Court of Commerce.
(5) Only appeal for the Supreme Court can be filed against the decision of the Court of Commerce as meant in paragraph (3).
Article 38
(1) The extension of the protection period of a registered mark is recorded in the Mark General List and announced in Mark Gazette.
(2) The extension of the protection period of a registered mark is notified in writing to the owner of the mark or his/her proxy.
Part Nine Change in Name and/or Address of Owner of A Registered Mark
Article 39
(1) Every application for recording the change in name and/ or address of owner of a registered mark is submitted to the Directorate General by paying a cost of recording in the Mark General List and accompanied a legitimate copy of evidence of the change.
(2) The change in name and/or address of the owner of a registered mark already recorded by the Directorate General is announced in Mark Gazette.
CHAPTER V THE TRANSFER OF RIGHT TO REGISTERED MARK
Part OneThe transfer of right
Article 40
(1) The right to a registered mark can shift or be transferred due to:
a. inheritance;
b. testament;
c. grant;
d. agreement; or
e. other causes justified by laws.
(2) The transfer of right to the mark as meant in paragraph (1) must have its recording requested to the Directorate General for being recorded in the Mark General List.
(3) The application for the transfer of right to the mark as meant in paragraph (1) is accompanied by supporting documents.
(4) The transfer of right to the mark already recorded as meant in paragraph (2) is announced in Mark Gazette.
(5) The transfer of right to a registered mark which is not recorded in the Mark General List brings about no legal consequence to the third party.
(6) The recording of transfer of right to the mark as meant in paragraph (1) is subjected to the cost as stipulated in this law.
Article 41
(1) The transfer of right to a registered mark can be accompanied by the transfer of good name, reputation or others connected with the mark.
(2) The right to a registered service mark inseparable from the personal capability, quality and skill of the provider of the relevant service can be transferred with the pro-vision that the guarantee for the quality of service pro-vided must be existent.
Article 42
The Directorate General only can records the transfer of right to a registered mark if it is accompanied by a written statement of the recipient of the transfer that the mark will be used for the trade of goods and/or services.
Part Two License
Article 43
(1) The owner of a registered mark has a right to give a license to other parties by an agreement that the licensee will use the mark for goods or services wholly or partly.
(2) The licensing agreement is effective throughout the territory of the Republic of Indonesia, unless other-wise agreed, for a period not longer than the protection period of the relevant registered mark.
(3) The licensing agreement must have its recording requested to the Directorate General by paying a cost and legal consequences of the recording of the licensing agreement apply to the relevant parties and the third party.
(4) The Directorate General records the licensing agreement as meant in paragraph (3) in the Mark
General List and announces its Mark Gazette.
Article 44
The owner of a registered mark already granting a license to the other party as meant in Article 43 paragraph (1) can continue to exercise directly or give a license to the other third party to use the right, unless otherwise agreed.
Article 45
The statement that the licensee can further give a license to the third party can be stipulated.
Article 46
The use of the registered mark in Indonesia by the licensee is considered the same as the use of the mark in Indonesia by the owner of the mark.
Article 47
(1) A licensing agreement is prohibited from containing provisions directly and indirectly capable of causing harmful effects to the Indonesian economy or containing limitations discouraging the capability of Indonesian people in mastering and developing technology in general.
(2) The Directorate General must reject every application for the recording of licensing agreements containing the prohibitions as meant in paragraph (1).
(3) The Directorate General notifies in writing the rejection along with its reasons as meant in paragraph (2) to the owner of mark or his/her proxy, and the licensee.
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 resemblance to other registered marks, the licensee continues to have a right to implement the licensing agreement up to the expiration of the period of the licensing agreement.
(2) The licensee as meant in paragraph (1) is no longer obliged to continue the payment of royalty to the revoked licenser, but the licensee must pay royalty to the owner of the mark which is not nullified.
(3) In the case of a licenser already receiving royalty in a lump sump from a licensee previously, the said licenser must give up the portion of royalty received to the owner of mark which is not nullified, with the amount being equal to the remaining period of the licensing agreement.
Article 49
Requirements and procedures for the application for recording a licensing agreement and provisions on the licensing agreement as meant in this law are further stipulated by a presidential decree.
CHAPTER VI COLLECTIVE MARK
Article 50
(1) Every application for the registration of trade or ser-vice 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 meant in paragraph (1), the application must be accompanied by copies of provisions on the use of the marks as a collective mark, which are signed by all owners of the relevant marks.
(3) The provisions on the use of the collective mark as meant in paragraph (1) at least contain: a. nature, general characteristics or quality of goods or services produced and traded; b. regulation for owners of the collective mark to supervise effectively the use of the mark; and c. sanction against the violation of regulation on the use of the collective mark.
(4) The provisions as meant in paragraph (3) are recorded in the Mark General List and 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 meant in Articles 7, 8, 9, 10, 11, 12 and 50.
Article 52
The substantive examination of an application for a collective mark is done in accordance with the provisions in Articles 18, 19 and 20.
Article 53
(1) Any change in the provision on the use of a collective mark must have its recording requested to the Directorate General by accompanying a legitimate copy of evidence of the change.
(2) The change as meant in paragraph (1) is recorded in the Mark General List and announced in Mark Gazette.
(3) The change in the provision on the use of a collective mark is effective for the third party after being recorded in the Mark General List.
Article 54
(1) The right to a collective mark only can be transferred to a recipient capable of supervising effectively in accordance with the provision on the use of the collective mark.
(2) The transfer of the right to the registered collective mark as meant in paragraph (1) must have its recording requested to the Directorate General by paying a cost.
(3) The recording of the transfer of the right as meant in paragraph (2) is recorded in the Mark General List and announced in Mark Gazette.
Article 55
A registered collective mark cannot be licensed to another party.
CHAPTER VII GEOGRAPHIC INDICATION AND INDICATION OF ORIGIN
Part One Geographical Indication
Article 56
(1) A geographical indication is protected as a sign showing the region of origin of a good, which due to factors of the geographical environment, including natural factor, human factor or combination of the both factors gives certain characteristics and quality to the produced good.
(2) A geographical indication secures protection after being registered on the basis of an application submitted by:
a. an institution representing society in the region producing the relevant good, which consists of:
1) party exploiting goods which are natural production or natural wealth;
2) producers of agricultural products;
3) producers of handicraft or industrial products; or
b. an institution authorized to do it; or
c. a group of consumers of the said good.
(3) The provisions on the announcement as meant in Articles 21, 22, 23, 24 and 25 are effective mutatis mutandis for the announcement of application for the registration of a geographical indication.
(4) The Directorate General rejects an application for the registration of a geographical indication if the sign is: a. contravening the religious morality, decency, public order or being capable of deceiving or misleading the public with regard to the nature, characteristic, quality, source, production process and/or its usage; b. failing to comply with requirements for being registered as a geographical indication.
(5) The rejection as meant in paragraph (4) can be requested for appeal to the Mark Appeal Commission.
(6) The provisions on the appeal in Articles 29, 30, 31, 32, 33 and 34 are effective mutatis mutandis for the request for the appeal as meant in paragraph (5).
(7) A registered geographical indication secures legal protection as long as the characteristic and/or quality being the basis for the granting of protection to the geographical indication remain existent.
(8) In the case of before or upon the submission of an application for the registration as a geographical indication, a sign being already used with good intention by another party entitled to register in accordance with the provision in paragraph (2), the party having good intention can continue to use the sign for a period of 2 (two) years, starting from the date of registration of the sign as a geographical indication.
(9) Provisions on procedures for the registration of a geo-graphical indication are further regulated by a government regulation.
Article 57
(1) The 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 compensation and termination of the use as well as the destruction of etiquette of the geographical indication used without right.
(2) In order to prevent the party whose right is violated from suffering a bigger loss, the judge can order the violator to stop producing, multiplying as well as to destroy etiquette of the geographical indication used without right.
Article 58
The provision on the provisional stipulation as meant in Chapter XII of this law is effective mutatis mutandis for the exercise of right to a geographical indication.
Part Two Indication of Origin
Article 59
An indication of origin is protected as a sign that:
a. fulfills the provision in Article 56 paragraph (1), but it is not registered; or
b. solely shows the origin of a good or service.
Article 60
The provisions as meant in Articles 57 and 58 are effective mutatis mutandis for the holder of right to an indication of origin.
CHAPTER VII ERASING AND ANNULMENT OF REGISTRATION OF MARK
Part One Erasing
Article 61
(1) The registration of a mark from can be erased from the Mark General List on the basis of Initiative of the Directorate General or an application of the owner of the relevant mark.
(2) The registration of a mark can be erased on the basis of initiative of the Directorate General if:
a. the mark is not used for 3 (three) years consecutively in the trade of goods and/or services as from the date of registration or the latest use, unless there are reasons acceptable by the Directorate General; or
b. the mark is used for goods and/or services not suit-able to goods and/or services whose registration is applied for, including the use of a mark not suitable to the registered mark.
(3) The reasons as meant in paragraph (2) letter a are due to:
a. import prohibition;
b. prohibition connected with a license to distribute goods which use the relevant mark or a provisional decision from the authorized party;
c. other similar prohibition stipulated by a government regulation.
(4) The erasing of registration of the mark as meant in paragraph (2) is recorded in the Mark General List and announced in Mark Gazette.
(5) Any objection against the decision on the erasing of registration of a mark as meant in paragraph (2) can be submitted to the Court of Commerce.
Article 62
(1) Every application for erasing the registration of a mark of goods 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 done if the matter is approved in writing by the licensee.
(3) The exception from the approval as meant in paragraph (1) is only possible if in the licensing agreement, the licensee firmly agrees to put aside the agreement.
(4) The erasing of registration of the mark as meant in paragraph (1) is recorded in the Mark General List and announced in Mark Gazette.
Article 63
The erasing of registration of a mark on the basis of the reasons as meant in Article 61 letters a and b also can be submitted by the third party in the form of a litigation to the Court of Commerce.
Article 64
(1) Only appeal to the Supreme Court can be filed against the decision of the Court of Commerce as meant in Article 63.
(2) The content of the decision of the judicial institution as meant in paragraph (1) is promptly conveyed by the secretary of the relevant court to the Directorate General after the date when the decision is made.
(3) The Directorate General erases the relevant mark from the Mark General List and announces it in Mark Gazette if the decision of the judicial institution as meant in paragraph (1) has been accepted and had permanent legal power.
Article 65
(1) The Directorate General erases the registration of a mark by delisting the relevant mark from the Mark General List and putting a note about the reason for and date of the erasing.
(2) The erasing of the registration as meant in paragraph (1) is notified in writing to the owner of the mark or his/her proxy by mentioning the reason for the erasing and affirming that certificate of the relevant mark is declared ineffective anymore as from the date of delisting from the Mark General List.
(3) The erasing of registration of a mark causes the termination of legal protection of the relevant mark.
Article 66
(1) The Directorate General can erase the registration of a collective mark on the basis of:
a. the application of the owner of a collective mark with the written approval of all users of the collective mark;
b. sufficient evidence that the collective mark is not used for 3 (three) years consecutively as from the date of registration, or the last use, unless there are reasons acceptable by the Directorate General.
c. sufficient evidence that the collective mark is used for goods or services not suitable to the goods or services whose application is requested for;
d. sufficient evidence that the collective mark is not used in accordance with the regulation on the use of a collective mark.
(2) The application for erasing the registration of a collective mark as meant in paragraph (1) letter a is submitted to the Directorate General.
(3) The erasing of registration of the collective mark as meant in paragraph (2) is registered in the Mark General List and announced in Mark Gazette.
Article 67
The erasing of registration) of a collective mark also can be filed by the third party in the form of a lawsuit to the Court of Commerce on the basis of the reasons as meant in Article 66 paragraph (1) letter b, c or d.
Part Two Annulment
Article 68
(1) A lawsuit for nullifying the registration of a mark can, 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 can filed the lawsuit as meant in paragraph (1) after submitting applications to the Directorate General.
(3) The lawsuit for the annulment as meant in paragraph (1) is submitted to the Court of Commerce.
(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 Commerce in Jakarta.
Article 69
(1) A lawsuit for nullifying a mark only can be submitted in a period of 5 (five) years as from the date of registration of the mark.
(2) A lawsuit for nullifying can be submitted without dead-line, if the mark contravenes religious morality, decency or public order.
Article 70
(1) Only appeal to the Supreme Court can be field against a verdict of the Court of Commerce deciding a lawsuit for nullifying.
(2) The content of the verdict of the judicial institution as meant in paragraph (1) is promptly conveyed by the relevant secretary of the court to the Directorate General after the date when the decision is made.
(3) The Directorate General nullifies the registration of the relevant mark at the Mark General List and announces it in Mark Gazette after the decision of the judicial institution as meant in paragraph (1) is received and has permanent legal power.
Article 71
(1) The Directorate General nullifies the registration of a mark by delisting the mark from the Mark General List and putting a note about the reasons and the date of annulment.
(2) The annulment of the registration as meant in paragraph (1) is notified in writing to the owner of the mark or his/her proxy by mentioning reasons for the annulment and affirming that certificate of the relevant mark is declared ineffective anymore as from the date of delisting from the Mark General List.
(3) The delisting of registration of a mark from the Mark General List as meant in paragraph (1) is announced in Mark Gazette.
(4) The annulment and delisting of registration of a mark causes the termination of legal protection for the relevant mark.
Article 72
In addition to the reason for the annulment as meant in Article 68 paragraph (1), the annulment of a registered collective mark also can be requested to the Court of the Commerce if the use of the collective mark contravenes the provision as meant in Article 50 paragraph (1).
CHAPTER IX ADMINISTRATION OF MARK
Article 73
The administration of mark as stipulated in, this law is executed by the Directorate General.
Article 74
The Directorate General operates a national mark information and documentation network system capable of providing information on mark to the public.
CHAPTER X COST
Article 75
(1) The submission of every application or application for the exte |
