平成 27 年 5 月 26 日発行
インドネシア知財ニュース第 025 号

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<Indonesia> Cedance Sue Back CRC

Sipatek Putri Lestari, Dhanny S. Suwaji (owner of CVPansurya), and Handoko (owner of Moro Seneng store)
has been convicted of imitates of defendant mark and has
been proven to do the production, distribution andmarketing NAKAMICHI trademark.
(Bisnis Indonesia, 2 February 2015)

PT. Cendance Indonesia (owner of C&C trademark) sue
back against CRC Industries Inc. PT Cendance file forcancellation request of the 4 certificates trademarks
belong to CRC Industries, Inc (IDM00029950;IDM000263826; IDM000243428; and IDM000263825)
and also make DGIPR as a defendant. This lawsuit No
61/Pdt.Sus-Merek/2014/PN Niaga.Jkt.Pst was filed on 2October 2014.
(Bisnis Indonesia, 16 January 2015)<Indonesia> 2 Commissioner Led LMKN
National collective management institutions (LMKN;
Lembaga Manajemen Kolektif Nasional) has officiallyinaugurated its chairman the two musicians Rhoma Irama
and Samsudin Dajar Hardjakusumah (Sam Bimbo). Bothelected through prime commissioners' meetings held on
Wednesday, 28 January 2015. Rhoma will supervise
LMKN to the field of copyright, while Sam wasappointed as head LMKN related rights field. This agency
would oversee the collective management organizations(LMK; Lembaga Manajemen Kolektif) that already exists
which aims to collect royalties from the use of the song ormusic.
(Bisnis Indonesia, 3 February 2015)<Indonesia> LMKN will collaborate with
Directorate General of Taxes
National collective management institutions (LMKN;Lembaga Manajemen Kolektif Nasional) will collaborate
with the Directorate General of Taxes as one of a way tocollect royalties from users of copyright.
LMKN began operations with the inaguration of 10commissioners and will begin overseeing the collection ofroyalties’ copyrighted start from April 2015.
This agency would oversee the collective management
organizations (LMK; Lembaga Manajemen Kolektif) that
already exists which aims to collect royalties from the useof the song or music. Through this institution, is expected
to provide benefits in establishing systems andprocedures for calculating royalty payments and also
providing economic rights of creators and owners ofrelated rights.
(Bisnis Indonesia, 21 January 2015)<Indonesia> Bali Tribun Failed to Cancel
Tribun Bali Trademark (Mark Dispute)
PT Media Nusantara Gemilang (plaintiff) owner of Bali
Tribun failed (again) to cancel Tribun Bali trademark
because of legal standing of the plaintiff. The judges
stated that the lawsuit which was filed by the plaintiff andrepresented by the chairman of Bali Tribune unacceptablebecause based on Law No. 40/1999 regarding press,
publishing businesses must have the legal form of alimited liability company. And under the Law 40/2007 on
the limited liability company, the right to represent thecompany in and outside the court is a director not thecommissioner. In response to this decision, plaintiff will
file a cassation or filing a new lawsuit.
(Bisnis Indonesia, 4 February 2015)<Indonesia> Trademark Imitators Punished
Rp. 2, 5 Billion (Nakamichi Case)
The trademark imitators of NAKAMICHI is punishablein amount of Rp 2.5 billion after the panel of Commercial
Court of Central Jakarta granted part of compensation ofAndy Najarudin as the owner. Presiding judge said thatthe defendants which are consisting of Harry Sucipto, PT.

1平成 27 年 5 月 26 日発行
インドネシア知財ニュース第 025 号<Indonesia> Mintarsih Arguing about Blue
Bird Trademark

witness testimony is required to provide information
about the cancellation of a mark that resembles the nameof a legal entity that is owned by another party (article 6item 3a of Trademark Law No. 25/2001).
(Bisnis Indonesia, 25 February 2015)

Mintarsih Abdul Latief claimed that she have created thebrand and logo of Blue Bird since 1972 or at the time ofestablishing of PT. Blue Bird and assume that PT. Blue
Bird has used the logo without her permission. Previously,
Mintarsih was lost in a case against the law inCommercial Court of South Jakarta together with Dudung
and have to pay compensation in amounting of Rp. 140
billion to the Blue Bird.
(Bisnis Indonesia, Bisnis, 5 February 2015)<Indonesia> Mintarsih Never Claimed as a
Creator
Mintarsih A. Latief (plaintiff) stated that she neverclaimed as a creator or create trademark of Blue Bird andits logos. In her clarification letter, she is denial the news
in Bisnis Indonesia on the last 5 February 2015 which
was stated that she is the creator of the said trademark.
The plaintiff asked the judges to cancel and declare voidof Blue Bird logo an Blue Bird trademark, among others,
the registration number IDM000126131 andIDM000002098 in the name of applicant is Iron Bird,
IDM000003077 and IDM000003088 in the name ofapplicant is PT Pusaka Citra Djokosoetono.
(Bisnis Indonesia, 26 February 2015)<Indonesia> Mintarsih is Ready to OpenPeace
Mintarsih Abdul Latief offers reconsiliation against thedefendants (Purnomo Prawiro Director of PT Blue Bird
Tbk; Krishna Director of Heritage Image Djokosoetono;
Noni Aryati Sri Purnomo Director Blu Bird Group
Holding; PT. Blue Bird TBL; PT. Heritage Image
Djokosoetono and Blue Bird Group Holding) related to
the lawsuit abuse of blue bird logo and brand Blue bird.
Plaintiffs asked the judges to cancel and declare void all
blue bird logo and brand Blue Bird with registration
number IDM000002098 and IDM000126131 in theapplicant's name Iron Bird, registration number
IDM000003077 and IDM000003088in the applicant’sname PT Pusaka Citra Djokosoetono, registration number
IDM000098333; IDM000098331; IDM000098332;
IDM000154576 and IDM000098330 in the applicant’sname PT. Blue Bird.
(Bisnis Indonesia, 12 February 2015)<Indonesia> Level of Oil Counterfeiting
Exceed Software
The findings of Indonesian society Anti-Counterfeiting or
Masyarakat Indonesia Anti Pemalsuan (MIAP) indicatesthat the counterfeiting level of lubricant or oil higher andcould surpass software counterfeiting. MIAP with theJakarta Metropolitan Police has cracked 10 points
circulation of oil couterfeit. Police asked the producers toreport counterfeit products, because this case copyright
infringement offense included in the complaint is notordinary offense. According to a survey MIAP and facultyof economics, University of Indonesia, the potential for
economic losses due to counterfeiting is increasing. The
current director general of the directorate investigation ofIntellectual Property Rights has filed a bill that brandbeing debated in Parliament. In the brand new law later,
expected a tougher sanctions for producers.
(Bisnis Indonesia, 26 February 2015)<Indonesia> Djarum: Filing to DGIPR since2009 (Autoblackthrough trademark dispute)
PT Djarum (defendant) claimed to be a legal owner of thebrand Djarum Autoblackthrough which is being sued by
Adhi Soebekti and Lie Reza H. Aliwarga (plaintiff)
because it has similar in principle with the trademark
owned by the plaintiff. Plaintiff trademark was registeredwith number IDM00219729 class 35 in 2009, meanwhile
the defendant trademark was registered with number
IDM00293907 class 41 in 2011. In this case, the plaintiff
also makes DGIPR as a defendant.
(Bisnis Indonesia, 20 February 2015)<Indonesia>
Cedance
Argument of Lawsuit

Strengthen<Indonesia> KOI wins Trademark Dispute
against KONI
KOI (plaintiff, as a representative of the International
Olympic Committee (IOC)) wins a trademark dispute
against KONI (defendant) related to the Olympic Logo
(symbol of five interlocked rings) which has been shownto have similar in principle with the logo belonging to theIOC. Olympics logo has been adopted by the IOC since
1914 and can be categorized as a famous brand. Severalof trademark certificate were crossed out as follow; Citius
Altius Fortius Olympic + Logo with No. IDM000112509

thePT. Cedance Indonesia strengthens the argument of alawsuit of cancelation trademark of PT. CRC Industries
Inc legal entity by presenting expert witnesses. Expert2

平成 27 年 5 月 26 日発行
インドネシア知財ニュース第 025 号(class 16); IDM000112504 (class 18); IDM000112508(class 18); IDM000245367 (class 24); IDM000112507(class 24) and IDM000112505 (class 25).
(Bisnis Indonesia, 6 March 2015)

Instruments Co., LTd. (a Japanese company, healthmattress manufacturers and brand owners). Through thelawsuit, the plaintiff considers that DGIPR does not havethe authority to conduct the investigation, because a
dispute between the plaintiff and the defendant should beresolved in the civil, not in the domain of criminal.
Beside that the Apollo also files a request to cancel aCuresonic certificate for health mattress owned bydefendant to the Commercial Court of Central Jakarta.
(Bisnis Indonesia, 20 March 2015)<Indonesia> GS Yuasa won in the SupremeCourt
GS Yuasa Corporation (plaintiff, a Japan Company) wins
the trademark case against Yudhi Tanto (defendant, ownerof Garuda Sakti battery) in the cassation stage on
Supreme Court. This case is about the cancellation ofGaruda Sakti trademark (No. IDM000026703;IDM000174207; IDM000174208; IDM000174209 andIDM000174210) owned by the defendant that the logo isconsidered to have similar in principle with the plaintiff's
trademark.
GS Yuasa (plaintiff) also wins the trademark case against
PT. Gramitrama Battery Indonesia (defendant, owner ofGISI trademark) in the reconsideration stage. GISI brands
considered plagiarized and imitated brand GS Yuasa
which had first appeared. Added with vague prints of theletter “I” in writing of GISI brand.
(Bisnis Indonesia, 10 March 2015)<Indonesia> Scholastic Asks for Cancellationof Certificate
Scholastic Inc., (plaintiff, a US company) owner of
Scholastic trademark (No. IDM000202459, registeredsince 20 April 2009) sued a local trademark certificate
owned by Choi Sin Yun (defendant) in the same class(class 41; education service, information of education andlecturer) because have similarity in common. The
defendant trademark with No. IDM000345917 wasregistered on 17 January 2012 can be judged ride thefame trademark owned by the plaintiff and will give theimpression to the public as if it same with the plaintiff
trademark.
(Bisnis Indonesia, 20 March 2015)<Indonesia> Pierre Cardin Sues a Local
Enterpreneur<Indonesia> PT. Fortune Star Indonesia (FSI)
said: Agreement is not a Reason to Cancel theCertificate

Pierre Cardin (plaintiff, a world designer from France)
file a cancellation request in related to the registration
trademark and logo owned by Alexander Satryo Wibowo(defendant), because it have similar in principle with thetrademark owned by the plaintiff and was filed withhaving the bad faith. The plaintiff asks to the Commercial
Court of Central Jakarta to cancel Pierre Cardin logo andtrademark owned by the defendant with registration No.
IDM000223196; IDM000234122; IDM000028783;
IDM000199948. Moreover, the plaintiff also asked someof the brand stricken from the general list of marks.
(Bisnis Indonesia, 19 March 2015)

PT. Fortune Star Indonesia (FSI, defendant) claimed that
their agreement to the Appolo Medical Instrument Co.
(health mattress manufacturer and owner of Curesonicmark) can not be a reason to cancel Curesonic certificate
which have been registered in DGIPR office. The
defendant file the said trademark in Indonesia, meanwhile
Apollo is the trademark holder in Japan ( No.
21500BZZ00061000 and notification letter No.27BZ1141
on 1 September 2000 from the JPO). According to theplaintiff statement, the agreement was ended by Apollobecause the defendant did not pay the debt of products inamount for 10 billion.
(Bisnis Indonesia, 23 March 2015)<Indonesia> PT. Fortune Star Global Sue
DGIPRBambang Tri Waluyo (a director of PT Fortune Star
Global (FSG)) filed unlawful against DGIPR. This caseregistered with No. 170/PDT.G/2015/PN.JKT.SEL in theDistric Court of South Jakarta. Plaintiff felt aggrieved
over the investigations conducted by DGIPR based onreports from PT. Fortune Star Indonesia (FSI, defendant)
who accused the plaintiff sells branded health mattressCursonic illegally because they do not have the right oftrademark. In fact the plaintiff who has a partnershipagreement with the distributor of Apollo Medical<Indonesia> The plaintiff of the Djarum CaseStrengthen the Argument of the Lawsuit
Adhi Soebekti and Lie Reza H. Aliwarga (plaintiff)strengthen the argument of the lawsuit in regard to thecancellation trademark case of Djarum Autoblackthroughbelong to PT. Djarum by submitting 121 proofs.
Hundreds of the proofs are consisting of trademark3

平成 27 年 5 月 26 日発行
インドネシア知財ニュース第 025 号

certificate of Autoblack Through which has beenregistered by DGIPR since 2008.
(Bisnis Indonesia, Bisnis, 24 March 2015)

permission. In response to this, the defendant will file acassation to the Supreme Court.
(Bisnis Indonesia, 9 April 2015)<Indonesia> Directorate General of IPR
denies allegations of PT. FSG (Fortune StarGlobal)<Indonesia> Wang Jinxi Ask for Continued
the Examination
Plaintiff’s attorney (Wang Jinxi) asked the panel toconsider to continue the proceedings even without
attended by the defendant (Dong a Pencil Co., Ltd). Asfor this case regarding the lawsuit industrial design
registration pen belonging to the defendant from South
Korea filed by the plaintiff from China.
(Bisnis Indonesia, 24 April 2015)

DGIPR denies allegations of PT. FSG (Fortune StarGlobal) in regard to the investigation of infringement of
the Curesonic trademark belong to the PT. FSI (FortuneStar Indonesia). DGIPR said that the investigation
process already according to the procedure of law
enforcement conducted by investigators of DGIPR (Civil
who has investigative authority).
(Bisnis Indonesia, 25 March 2015)<Indonesia> Patents Right Restrict Public
Access<Indonesia> Chinese People Sue Dong APencil

Patents rights cause drug prices to be expensive anddifficult to access by many patients. In Indonesia, thepatent rights makes drug prices can be 10-45 times more
expensive than generic versions. Granting of patents until
20 years, and rules on trade-related intellectual property
rights (TRIPs) impact on the difficulty of a similar
generic drugs into the market. To provide cheap drugs forthe community, at the national level the government isrequested to revise patent laws, even to amendment theTRIP's agreement.
(Kompas, 7 May 2015)

Wang Jinxi (a Chinese citizen, plaintiff) file acancellation request of the registration of industrial
designs NO. ID0023602-ID owned by Dong A Pencil Co.,Ltd (from South Korea, defendant) and also makeDirectorate of Copyright, Industrial Design, Layout
design of Integrated Circuits and Trade secrets as aco-defendant. Defendant industry design was claimed
lack of novelty and has several similarities with theplaintiff design industry.
(Bisnis Indonesia, 26 March 2015)<Indonesia> Blocking Pirated Sites, Effective(Copyrights)<Indonesia> Cendance Prepare a Cassation
PT. Cendance Indonesia (plaintiff) will file a cassation toa Suprema Court after failed to cancel trademark owned
by CRC Industries (defendant). Chief Judge stated that
the CRC trademark owned by defendant is not shown tohave similarities to the subject as well as a whole with thename of the plaintiff legal entity. Thus, there are no
harmed consumers of both brands.
(Bisnis Indonesia, 2 April 2015)

Blocking some sites that contain pirated content, such as
movies and music, proved effective in a number ofcountries in Europe and Asia. This blocking traffic
suppresses illegally downloading content. Currently, 32
European countries have legislation governing theblocking of sites which violate the provisions. Minister ofCommunication and Information (Kominfo) Rudiantara
support blocking sites with content piracy. However,Kominfo in collaboration with the Directorate General
HAKI can only be blocked if there are complaints fromthe public because it is a complaint-based offense.
(Kompas, 7 May 2015)<Indonesia> Appolo Medical Beat PT. FSIApollo Medical Instrument Co., Ltd. (plaintiff) beat alocal company, PT. Fortune Star Indonesia (FSI,defendant) regarding “Curesonic” trademark dispute atCommercial Court of Central Jakarta. Judges stated thatthe plaintiff can proved that registration of Curesonicmark by the defendant was file with having bad faiththrough the cooperation agreement. The defendantassessed had registered the trademark without plaintiff<Indonesia> LMK Film should be establish
soon (Copy rights)
Government encourages film-makers to immediately
establish a collective management organization or
Lembaga Manajemen Kolektif (LMK) that specificallyhandles royalties for the film industry players. As is4

平成 27 年 5 月 26 日発行
インドネシア知財ニュース第 025 号

known, after the enactment of Law of copyright, theMinistry of Law and Human rights form two newinstitutions LMKN creators and related rights. According
to the copyright law, these two institutions is expected tohelp the creators and owners of related rights to keep thework by collecting royalties from commercial use ofcopyrighted songs and musical works.
(Bisnis Indonesia, 11 May 2015)***5