Overview

The concept of “well-known marks” has been adopted in Indonesia for a number of years. The concept was originally derived from the Paris Convention for the Protection of Industrial Property (“Paris Convention”), whereby a product with a well-known mark is distinguished from a normal mark. The degree of protection enjoyed by well-known marks remains relatively high in comparison with that enjoyed by normal marks. As a consequence, many businesses would love to have their marks classified as well-known marks.

Indonesia became a signatory to the Paris Convention way back on 24 December, 1950, although it wasn't until 1992 that Indonesia finally recognized the protection of well-known marks through the issuance of Law No. 19 of 1992 on Trademarks. However, the journey towards the stamping of well-known marks in Indonesia has not been an easy one. Even in the wake of Law No. 15 of 2001 on Trademarks repealing and replacing Law No. 19 of 1992, the protection of well-known marks has remained relatively unclear. At present, one year after Law No. 20 of 2016 on Marks and Geographical Indications (“Marks Law”) was introduced,[1] the protection afforded to well-known marks has now been redefined. With the goal of explaining and providing solutions in regard to this much discussed issue of marks, this edition of Indonesian Law Digest (ILD) will examine this issue from the following angles: