KUCHING: Malaysian exporters with businesses in Indonesia are encouraged to register their trademarks as protection against counterfeit as the nation’s intellectual property right (IPR) adopts a first-to-file rule for trademark owners.
Malaysia External Trade Development Corporation (Matrade) in its statement yesterday said Indonesia had reformed its decades old trademark law in complying with WTO’s agreement on Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) aimed at creating a better trade and investment climate for traders and investors.
The initial amendment made in 1997 provided the protection of well-known marks and the provisions on geographical indications and sources of origin.
Another amendment to the trademark law was issued in 2001, which it adopted a first-to-file rule for obtaining trade mark rights, allowing the first person to file a trade mark application to own the trademark, disregarding a prior user of the mark in Indonesia.
Malaysia trade commissioner in Jakarta, Nadzri Shamsudin urged Malaysian companies to register their products’ trademark in Indonesia as soon as possible to protect against counterfeit.
“A mark certificate is granted to the applicant within thirty days from the registration date, allowing legal protection for a period of ten years and a renewal upon application by the owner,” he added.
Malaysian companies are required to register with the directorate general of IPR of the Republic of Indonesia. Its website provides a searchable database for patents, trademark, designs and copyright.
Foreign businesses that do not have a place of business in Indonesia are required to lodge all applications through an Indonesian Intellectual Property attorney or agent.