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The Importance of Understanding Trademark Indonesia

The Importance of Understanding Trademark Indonesia - Trademark, as people know, is the way we have the exclusivity of our intellectual property and our brand. This has triggered a lot of serious business.

People are applying their trademark plea as soon as possible, to prevent the possibility of being outsmarted by other people with similar brand ideas. But why trademark Indonesia is really important? What are the consequences that surround the idea of a trademark in Indonesia?

The Criminal Law that Surrounds the Trademark Indonesia Law

To make you understand better about the topic, we are going to talk more about the Trademark in Indonesia, the criminal provision law part.

  1. The Law of Indonesia No. 15 of 2001 Chapter XIV of Criminal Provisions about Brand, Paragraph 90 speaks those who intentionally (and without any right to do so) use the same brand (and ideas) with other brands that have legitimately trademarked for a goods/services production, will be under imprisonment for almost 5 years and/or pay a fine of nearly Rp 1.000.000.000,-.
  2. The Law of Indonesia No. 15 of 2001 Chapter XIV of Criminal Provisions about Brand, Paragraph 91 speaks those who intentionally (and without any right to do so) use a brand that has a lot in common with other brands that have legitimately trademarked for a similar goods/services production, will be under imprisonment for almost 4 years and/or pay a fine of nearly Rp 800.000.000,-.
  3. The Law of Indonesia No. 15 of 2001 Chapter XIV of Criminal Provisions about Brand, Paragraph 92 speaks three things:
    1. Those who intentionally (and without any right to do so) use the same mark with other party’s geographic indication for a goods/services that have legitimately trademarked, will be under imprisonment for almost 5 years and/or pay a fine of nearly Rp 1.000.000.000,-.
    2. Those who intentionally (and without any right to do so) use a mark that has a lot in common with other party’s geographic indication for a goods/services that has legitimately trademarked, will be under imprisonment for almost 4 years and/or pay a fine of nearly Rp 800.000.000,-.
    3. For any inclusion about the origin of goods that is a brand violation, or any inclusion of words that point out of the brand being an imitation of a brand that has legitimately trademarked and protected geographically, will also be under the circumstances of sentence 1 (a) and sentence 2 (b).

If Your Brand was Accused to be a Sham

Without any protection of the Indonesia DGIP legitimate trademark, your brand will also be under a risk of accusation for being a sham to the public.

Being said in The Law of Indonesia No. 15 of 2001 Chapter XIV of Criminal Provisions about Brand, Paragraph 93, speaks those who intentionally (and without any right to do so) use a brand that has a lot in common with other brands that have legitimately trademarked for a similar goods/services production, and shame the public of the origin of the product, will be under imprisonment for almost 4 years and/or pay a fine of nearly Rp 800.000.000,-.

Those are a few Indonesia criminal provisions law about trademarks that is very important to know to prevent any further risks of trademark violation.

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