Ada Pertanyaan? Hubungi Kami 
Ada Pertanyaan? Hubungi Kami Happy Rayna Stephany, Andin Aditya Rahman
Regional economic agreements are not always simply about the trade of physical goods. Regional economic agreements, such as the 2015 Association of Southeast Asian Nations (ASEAN) Economic Community (AEC), and the Asia-Pacific Economic Cooperation (APEC), also have potential impacts on domestic intellectual property rights (IPR).
The Directorate General of IPR at the Ministry of Law and Human Rights is taking steps in anticipation of the potential impact of such international agreements on IPR in Indonesia. One small step will be a revision of the outdated Law No. 15 of 2001 on Trademarks.
The revision is not only for the purpose of accelerating trademark registration processes, it is also relevant to the Government’s plan to ratify the Madrid Protocol for the implementation of the Madrid System for the International Registration of Marks.
Bambang Iriana Djajaatmadja, Secretary of the Directorate General of IPR, explained that the Government’s intention to ratify the Madrid Protocol is based on sound reasons. For example, the Madrid Protocol will help export-oriented small and medium businesses to acquire protection of their trademark. In addition, it will also support domestic businesses in marketing their products and services in international markets.
Despite apparent benefits of ratifying the Madrid Protocol, local IPR consultants are worried about their jobs and income as the Madrid Protocol will ultimately enable foreign IPR consultants to enter the Indonesian market.
In an effort to comfort the concerns of local IPR consultants, Bambang stated that: “there is nothing to worry about.”
Gunawan Suryomurcito, a senior IPR consultant, expressed his belief that there will be limitations put on foreign IPR consultants such as not being unable to appear in Indonesian courts. However, he is still concerned about the potential negative impacts of ratification of the Madrid Protocol by Indonesia.
“The business of Indonesian intellectual property rights consultants will be less profitable,” he stated to Hukumonline in Jakarta last Thursday.
In contrast, Ali Imron, an IPR lawyer at Pacific Patent Indonesia, is less concerned about such international frameworks, including the Madrid Protocol. It is important, according to Ali, that Indonesian IPR consultants improve their quality and professionalism to compete with foreign IPR consultants.
“The parties that must be reassured moving towards the 2015 AEC and Madrid Protocol are Indonesian businesses so that they can go international,” he asserted during an interview with Hukumonline earlier this month.
Ali also stated that domestic consultants should not be too worried about a potential decrease in their income because the ratification of the Madrid Protocol will provide an opportunity for them to be more professional and raise their standards.
For example, in Japan, the income of IPR consultants was reported to have decreased by 40 to 60 percent as a consequence of ratification of the Madrid Protocol, however, despite this sharp decline domestic IPR consultants continue to operate.
The argument for the continued strategic role of domestic IPR consultants is supported in two ways. First, around 70 percent of trademark registrations use the services of IPR consultants. The Madrid Protocol will not automatically eradicate this role. Although the registration of international trademarks can be done without the help a consultant, applicants will most likely continue to seek the help of IPR consultants for substantial examinations.
Second, domestic IPR consultants will always have a role to play in Indonesian courts. As the number of trademark registration increases, so does the number of potential IPR cases. Domestic IPR consultants will have the upper hand by being able to appear before Indonesian courts.
“So don’t be afraid. We must be ready to compete,” Ali concluded.
(hot/kc)
Happy Rayna Stephany, Andin Aditya Rahman
Regional economic agreements are not always simply about the trade of physical goods. Regional economic agreements, such as the 2015 Association of Southeast Asian Nations (ASEAN) Economic Community (AEC), and the Asia-Pacific Economic Cooperation (APEC), also have potential impacts on domestic intellectual property rights (IPR).
The Directorate General of IPR at the Ministry of Law and Human Rights is taking steps in anticipation of the potential impact of such international agreements on IPR in Indonesia. One small step will be a revision of the outdated Law No. 15 of 2001 on Trademarks.
The revision is not only for the purpose of accelerating trademark registration processes, it is also relevant to the Government’s plan to ratify the Madrid Protocol for the implementation of the Madrid System for the International Registration of Marks.
Bambang Iriana Djajaatmadja, Secretary of the Directorate General of IPR, explained that the Government’s intention to ratify the Madrid Protocol is based on sound reasons. For example, the Madrid Protocol will help export-oriented small and medium businesses to acquire protection of their trademark. In addition, it will also support domestic businesses in marketing their products and services in international markets.
Despite apparent benefits of ratifying the Madrid Protocol, local IPR consultants are worried about their jobs and income as the Madrid Protocol will ultimately enable foreign IPR consultants to enter the Indonesian market.
In an effort to comfort the concerns of local IPR consultants, Bambang stated that: “there is nothing to worry about.”
Gunawan Suryomurcito, a senior IPR consultant, expressed his belief that there will be limitations put on foreign IPR consultants such as not being unable to appear in Indonesian courts. However, he is still concerned about the potential negative impacts of ratification of the Madrid Protocol by Indonesia.
“The business of Indonesian intellectual property rights consultants will be less profitable,” he stated to Hukumonline in Jakarta last Thursday.
In contrast, Ali Imron, an IPR lawyer at Pacific Patent Indonesia, is less concerned about such international frameworks, including the Madrid Protocol. It is important, according to Ali, that Indonesian IPR consultants improve their quality and professionalism to compete with foreign IPR consultants.
“The parties that must be reassured moving towards the 2015 AEC and Madrid Protocol are Indonesian businesses so that they can go international,” he asserted during an interview with Hukumonline earlier this month.
Ali also stated that domestic consultants should not be too worried about a potential decrease in their income because the ratification of the Madrid Protocol will provide an opportunity for them to be more professional and raise their standards.
For example, in Japan, the income of IPR consultants was reported to have decreased by 40 to 60 percent as a consequence of ratification of the Madrid Protocol, however, despite this sharp decline domestic IPR consultants continue to operate.
The argument for the continued strategic role of domestic IPR consultants is supported in two ways. First, around 70 percent of trademark registrations use the services of IPR consultants. The Madrid Protocol will not automatically eradicate this role. Although the registration of international trademarks can be done without the help a consultant, applicants will most likely continue to seek the help of IPR consultants for substantial examinations.
Second, domestic IPR consultants will always have a role to play in Indonesian courts. As the number of trademark registration increases, so does the number of potential IPR cases. Domestic IPR consultants will have the upper hand by being able to appear before Indonesian courts.
“So don’t be afraid. We must be ready to compete,” Ali concluded.
(hot/kc)