Dipl.-Ing. Rohaldy Muluk
The New Indonesian (Trade)mark Law: The Law number 20 of the Year 2016 regarding Mark and Geographic
The President of the Republic of Indonesia has enacted a new (Trade)mark Law on 25 November 2016, the Law number 20 of the Year 2016 regarding Mark and Geographical Indication. This new (Trade)mark (TM) and Geographical Indication (GI) Law replaces the Law number 15 of the Year 2001 regarding Mark.
In the previous TM Law, GI could be found in few articles within the TM Law. Now, GI has a significant part in the new Law. The new Law contains 20 Chapters with in total 109 articles.
This new TM and GI Law (further TM Law) is more advanced in covering new aspects of the Trademark. With the new TM Law, Indonesia will have new forms of Trademark such as in form of 2-D, 3D, sound, and hologram. However, smell is still not a Trademark in Indonesia.
A mark is defined as a sign that can be displayed graphically in form of picture, logo, name, word, letter, number, composition of colours, in form of two and/or three dimensional, sound, hologram, or combination of two or more of the elements to distinguish goods and/or services that is produced by person or legal entities in the trade activities of goods and/or services.