Trademarks are a highly important element of any business, as they offer identity which creates recognizable products or services and in turn differentiates them from others in the same market. Indeed, to a certain extent, a trademark reflects the quality of a product or service itself. Recent developments within the Indonesian legal system have now led to a situation in which trademarks no longer solely consist of combinations of words and pictures, but now encompass sounds, holograms, three-dimensional objects and even tastes, and these areas are commonly referred to as “non-conventional/non-traditional trademarks”.
 
Given the rapid development of trademarks and their importance to businesses, their protection is considered essential. After a lengthy deliberation process, the House of Representatives (“House”) finally passed the Bill on Trademarks and Geographical Indications (“Bill”) on 27 October 2016.[1] It is believed that this new piece of legislation will offer more comprehensive protection for trademarks in comparison with its predecessor, namely Law No. 15 of 2001 on Trademarks (“Trademark Law”).  Pursuant to Article 73 of Law No. 12 of 2011 on the Establishment of Laws and Regulations, the Bill requires the President’s signature in order for it to become law and receive an official number. However, the Bill will automatically come into force within 30 days of it being passed by the House, even if the President does not ultimately sign it.
 
With these issues in mind, this week’s Indonesian Law Digest (ILD) will analyze and discuss various matters relating to trademarks and the protection of geographical indications, as described under the Bill. Our discussion will focus upon the following areas: