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Indonesia - New Trademark Law

A new Trademark Law entered into force in Indonesia on August 1, 2001 to comply with the provisions of the TRIPs Agreement. The principal changes effected by the law include the following:

1) the term within which a third party may file an opposition has been decreased from 6 months to 3 months following publication (this term is not extendable);

2) trademark cases are now decided in the Commerce Court, rather than the District Court;

3) alternate Dispute Resolution such as arbitration is now possible in cases involving trademarks;

4) applications for renewal of trademark registrations may be filed at any time within 12 months prior to the date of expiration thereof;

5) geographical indications may be protected under the new law; and

6) trademark applications claiming convention priority will be treated the same as non-convention priority applications if a copy of the priority document is not submitted within 3 months following the expiration date of the right to claim priority.


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