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How to Sue for a Dispute in Trademark Indonesia Scope


As a legitimate owner of a trademarked brand in Indonesia, there will always be a possibility of a brand winning battle in front of your eyes. Let alone if your brand has become a huge influence among the public. 

General lore is only knowing you can protect the exclusivity of your brand, but the knowledge of implementation is also very important beforehand. Thus, we are going to talk about the formal way to file a lawsuit of dispute in the trademark Indonesia circle.

The Lawsuit of Dispute in Trademark Indonesia According to the Law

Intellectual property and brand are two very valuable things. Thus, to protect both of the assets, the Indonesia system has created a law that provides help for the legitimate owner. This is very important information since idea-theft is currently massive in Indonesia. Hence, The Law of Indonesia No. 15 of 2001 Chapter XI of Dispute Settlement about Brand; Paragraph 80 and 81 both are speaking about the step to file a dispute lawsuit.

Step to File a Lawsuit of Dispute

1. A claim (sue) for cancellation of the Brand registration should be submitted to the Head of the Commercial Court in the jurisdiction of the residence or based on the domicile of the defendant.

2. If the defendant happened to live aboard instead of Indonesia, the claim then should be submitted to the head of the Central Jakarta Commercial Court.

3. The clerk should file the lawsuit for the cancellation of the brand.

4. The plaintiff then is given a written receipt signed by the clerk who filed the lawsuit within the same date.

5. The clerk of the court submits the lawsuit for the cancellation to the Head of the Commercial Court within only two days from the first time the lawsuit is filed.

6. The Commercial Court should study the lawsuit within three days and also determine the day of the hearing.

7. The hearing of the cancellation claim should be held not more than a sixth day after the claim is first filed.

8. The summons for both of the parties shall be done by the bailiff in less than seven days after the claim for cancellation is first filed.

9. The verdict should be done in approximately 90 days after the lawsuit first filed.

10. If needed, the chief of the Supreme Court can give an approval of the verdict to be extended in thirty days.

11. The verdict of the hearing (as referred in sentence 9) should have contained the legal and legitimate consideration which created the decision and should be delivered publicly.

12. The verdict from the hearing of the Commercial Court (as referred in sentence 9) should be conveyed by the bailiff to both of the parties in only fourteen days after the verdict is first out.

As you can see, it is a long-long process to protect intellectual property. Therefore, most businesses in Indonesia tend to do an easier and simpler way, such as discussing it from an attorney to an attorney to avoid the possibility of a brand-winning battle in court.

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