平成 26 年 12 月 1 日発行
インドネシア知財ニュース第 022 号

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<Indonesia> Copyright Protection Period shallbe Extended<Indonesia> Producers Ask The Cancellationof The Patent Ceramic Concrete

Copyright protection period shall be extended from 50
years to 70 years in the upcoming revision of Copyright
Law. The government and House of Representatives arecurrently discussing the revision of Copyright Law No.
19 year 2002 before the end of work period of legislative
members in October 2014. The object of this extension isto stimulate the people to be more creative and to support
economic activities.
(Bisnis Indonesia, 23 May 2014)

PT. Abadi Genteng Jatiwangi (the plaintiff) producer ofbuilding materials filed a lawsuit the cancellation of thepatent ID0018083 (registration date: 26 September 2006)
belonging to Yudiro Soedardjo (defendant) in thecommercial court of central Jakarta with the title“Kerangka Keramik Komposit Beton Untuk Lantai
Bangunan Bertingkat dan Metode Pemasangannya”. Alawsuit filed by the plaintiff because this patentconsidered not having a novelty. In response to this, thedefendant filed a reconvention and asked forcompensation 27 billion to the plaintiff.
(Bisnis Indonesia, 17 June 2014)<Indonesia> The Court Stopped AAJI Lawsuit
AAJI effort to made cancellation of computer training
program copyrights in the name of PT. Mitra Integrasi
Kompetindo was stopped in the Court. The Commercial
Court has no authority to examine and prosecute disputes
between AAJI and PT. Mitra Integrasi Kompetindo. The
judge stated that both sides had made a covenant in which
there is arbitral clause, so if there are disputes that
occurred between the parties and the settlement
mechanism should be through arbitration. AAJI claimed
as the certified owner of certification of computer training
program copyrights material of living insurance oftraditional product since 2005-2006.
(Bisnis Indonesia, 11 June 2014)<Indonesia> Trademark dispute “Suomy”
continued to the Supreme Court
Arifin Daniel, a local entrepreneur, files a cassation to theSupreme Court against an Italian helmet manufacturer
regarding the trademark “Suomy”. This case began when
Suomy Spa, an Italian company, filed a lawsuit against
Arifin because they claimed that Arifin’s trademark has asimilarity in its essential part with their trademark.
Suomy Spa also claimed that they’ve filed theirtrademark in many countries such as Australia, USA,
Canada, Singapore, Italy, Mexico, Hongkong, Chile, etc.
(Bisnis Indonesia, 24 June 2014)<Indonesia> Atma Jaya Ready to Cassation<Indonesia>Lawsuite of Ceramics Patents
CHRP trademark disputes between Yon Nofiar andUniversitas Katolik Atma Jaya will continue to theSupreme Court. The Commercial Court of Central Jakarta
refused counterclaims Yon Nofiar and Atma Jaya. The
judge in judging CHRP is the word that can be used byanyone or common word that having no distinguishingspecific, so they could not registered as a brand.
(Bisnis Indonesia, 16 June 2014)

The development of a patent case the framework ofceramic composite concrete between PT. Abadi Genteng
Jatiwangi (plaintiff) against Yudiro Soedarjo (defendant)
has entered the stage of listening to the expert testimony.
The plaintiff demanding the cancellation of the patent
with No. ID0018083 and application No.
P-00200400215.
(Bisnis Indonesia, 11 July 2014)1

平成 26 年 12 月 1 日発行
インドネシア知財ニュース第 022 号<Indonesia> Japanese Company Scrambling
Yamaru Trademark<Indonesia> South Korea Enterpreneur Suedregarding Industrial Design

PT. Yamato Sewing Machine Mfg Co., Ltd. (plaintiff)
again filed a lawsuit of trademark cancellation of Yamaru(IDM000294747) owned by Shintawati (defendant)
which are considered to contain the equation are inprinciple, good word or sound, with a Yamato trademark.
The plaintiff also includes Directorate General ofIntellectual Property Rights as second defendant because
granting trademark application of yamada on 31 May
2010. Yamato trademark owned by the plaintiff has beenregistered in DGIPR with certificate No. IDM00007281
on 4 May 2006. This trademark already registered in
more than 50 countries in the world, so that it can becategorized as a well-known trademark.
(Bisnis Indonesia, 16 July 2014)

CV Sin Sil Ratta, Soemadyo and Park Chae Young(plaintiffs) file a cancellation request of industrial design
to the Commercial Court with No.
39/Pdt.Sus-DI/2014/PN.Niaga.Jkt.Pst regarding a kind ofa tray owned by Kim Soo Chang (defendant) withregistration No. ID 0031480D. The Industrial design ofthe defendant identical with the previous design andhaving a bad faith and contrary to the article 2 of Law No
31/2000. In response to this, the defendant sued back theplaintiffs over illegal actions with the value of the lossmateril and inmateril worthRp.5, 32 billion to be paid
together.
(Bisnis Indonesia, 5 August 2014)<Indonesia> Supreme Court Refuse Cassation
the Cheesecake Factory<Indonesia> Trademark of Yamano should beCancelled

The Cheesecake Factory Co. LLC (plaintiff, USA) failed
to cancel the trademark of Cheese Cake in Indonesia
owned by De Silva U Chandra Sri Lai (defendant).
Verdict No. 365 K/ Pdt.Sus-HKI/2014 is the continuationof the dispute of the cancellation of Cheese Cake
trademark in Indonesia after the Commercial Court could
not accept a lawsuit from the plaintiff because the casestill in the examination stage in the Supreme Court. Thiscase starts when the plaintiff files a lawsuit to cancel thetrademark of Cheese Cake (IDM000050336, class 35) inthe name of the defendant. The plaintiff claimed that theCheesecake Factory belongs to them and it’s awell-known trademark (already registered in Uni Europe,Singapore, Hongkong, Macau, Filiphina, New Zealand,Russian, Canada, Thailand, Kuwait and also Lebanon).
This trademark registered in class 30, 42 and 43.
(Bisnis Indonesia, 12 August 2014)

PT. Yamato Sewing Machine Mfg Co., Ltd. (plaintiff)again filed a lawsuit of trademark cancellation of Yamano(IDM000210668) owned by Shintawati (defendant)
which are considered to contain the equation are inprinciple, good word or sound, with a Yamato trademark.
The plaintiff also includes Directorate General ofIntellectual Property Rights as second defendant because
granting trademark application of Yamano on 16 July
2009. Yamato trademark owned by the plaintiff has beenregistered in DGIPR with certificate No. IDM00007281
on 4 May 2006. This trademark already registered in
more than 50 countries in the world, so that it can be
categorized as a well-known trademark.
(Bisnis Indonesia, 17 July 2014)<Indonesia> Cintas Sentul
Insulation of PT. Toilon

SuedHeat<Indonesia> Kompas Group is being Sued forpublishing “Tribun Bali”

PT. Cintas Sentul Raya (plaintiff) filed a lawsuit in related
to the patent certificate of PT. Toilon Indonesia(defendant) regarding to the heat insulation withregistered No. ID P0029369B on 13 October 2011. The
plaintiff said that the defendant patent having lack ofnovelty, lack of inventive step and lack of industrialapplicable and it can not be patented because it alreadyexist since 1970 and has been development by JapanCompany, Furukawa.
(Bisnis Indonesia, 21 July 2014)

Bali Tribune”, a local (Bali) newspaper owned by
Hendrawan (plaintiff) filed a trademark cancellation
lawsuit against “Tribun Bali” (IDM000130203, 20 July
2007, class 16) owned by PT Indopersada Primamedia(defendant) which is a part of the big media company
Kompas Gramedia group to the Commercial Court ofCentral Jakarta on 29 April 2014.
(Bisnis Indonesia, 14 August 2014)2

平成 26 年 12 月 1 日発行
インドネシア知財ニュース第 022 号<Indonesia> Ets Zilli Finally Made a Peace on
a Trademark Dispute

Bio Farma hopes that this vaccine will be a great
contribution for everyone after it is registered at WHO.
(Bisnis Indonesia, 20 August 2014)

Ets Zilli, a France company, has finally made a peaceagreement with Hendrik, owner of the trademark “Zilli”.
The case began when Ets Zilli filed a trademark
cancelation request against trademark “Zilli” owned bylocal businessman Hendrik, because they considered thatHendrik’s trademark has a similarity in its essential partwith the mark owned by Ets Zilli. Now, both parties had
signed a peace agreement and Ets Zilli is willing towithdraw their charge.
(Bisnis Indonesia, 15 August 2014)<Indonesia> PT. Abadi Genteng Jatiwangi losttheir lawsuit against Yudiro Soedarjo
Judges at the South Jakarta Commercial Court rejected
the lawsuit of patent cancelation requested by PT. Abadi
Genteng Jatiwangi against Yudiro Soedarjo. The Judges
considered that the lawsuit is not clear and unobvious,
besides that the cancelation request should have been
aimed to patent number (ID number) and not topublication number. Suharyono, legal representative ofPT. AGJ, said that his client is not satisfied and will file acassation request.
(Bisnis Indonesia, 20 August 2014)<Indonesia> Bio Farma Registered Pentabio
to WHOPT. Bio Farma has just registered Pentabio a combination
vaccine for diphtheria, tetanus, pertussis, hepatitis B
recombinant, haemophilus, and B-type influenza to WHO.

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