The recognition and protection of well-known trade marks in Indonesia

Legal context: The recognition and protection of well-known marks in Indonesiahas improved over the last few years for a variety of reasons. Key points: First, the Asian Crisis resulted in the creation of a CommercialCourt, which is a clear improvement over the previously responsibleDistrict Courts. Secondly, the increasingly frequent publicationof court decisions has improved transparency and consistencyof those decisions. Well-known marks are now clearly protectedagainst use for similar goods/services. Protection is extendedto dissimilar goods/services by applying Article 16(3) TRIPSdirectly or by arguing that registration occurred in bad faith.Nevertheless, decisions thus far concern almost exclusivelyrevocation and invalidity of registrations. Civil remedies suchas damages and interim injunctions are hardly used, becausethe outdated civil procedural law has not familiarised judgeswith such legal instruments. Clearing the register of infringingregistrations is another matter of concern. Cancellation fornon-use for three consecutive years can be difficult, becausethe plaintiff is required to provide evidence of the last usein the production of the goods/services rather than in the courseof trade more generally. Practical significance: While it has become much easier to protect well-known marksin Indonesia, much work remains to be done regarding the proceduralframework of civil infringement proceedings and regarding theclearing of the register.