INDONESIA
Trademark Law
as amended by Law No. 15 on August 1, 2001
TABLE OF CONTENTS
CHAPTER I GENERAL PROVISIONS
Article 1
CHAPTER II SCOPE OF MARKSPart One General
Article 2
Article 3Part Two Marks that cannot be registered and marks that are refused
Article 4
Article 5
Article 6
CHAPTER III APPLICATION FOR REGISTRATION OF MARKPart One Requirements and Procedure of Filing
Article 7
Article 8
Article 9
Article 10
Part Two Application for registration of mark with priority right
Article 11
Article 12
Part

Three

Examination

on

the

completenessofrequirements

registration of markArticle 13
Article 14
Part Four Period of receipt of Mark Registration Application
Article 15

1

forPart Five Amendment and withdrawal of Application for Mark Registration
Article 16
Article 17
CHAPTER IV REGISTRATION OF MARKSPart One Substantive Examination
Article 18
Article 19
Article 20
Part Two Announcement of application
Article 21
Article 22
Article 23
Part Three Objection and Rebuttal
Article 24
Article 25
Part Four Re-examination
Article 26
Article 27
Part Five Period of Protection of Registered Marks
Article 28
Part Six Appeal Petitions
Article 29
Article 30
Article 31
Article 32
Part Seven The Mark Appeal Commission
Article 33
Article 34
Part Eight Extension of Protection Period of a Registered Mark
Article 35
Article 36
Article 372

Article 38
Part Nine Change of Name and/or Address of a Registered Mark Owner
Article 39
CHAPTER V TRANSFER OF RIGHTS OF A REGISTERED MARKPart One Transfer of Rights
Article 40
Article 41
Article 42
Part Two Licensing
Article 43
Article 44
Article 45
Article 46
Article 47
Article 48
Article 49
CHAPTER VI COLLECTIVE MARKS
Article 50
Article 51
Article 52
Article 53
Article 54
Article 55
CHAPTER VII GEOGRAPHICAL INDICATION AND SOURCE OF ORIGIN
Part One Geographical Indications
Article 56
Article 57
Article 58
Part Two Source of Origin
Article 59
Article 60

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CHAPTER VIII NULLIFICATION AND CANCELLATION OF REGISTRATION OF A MARKPart One Nullification
Article 61
Article 62
Article 63
Article 64
Article 65
Article 66
Article 67
Part Two Cancellation
Article 68
Article 69
Article 70
Article 71
Article 72
CHAPTER IX ADMINISTRATION OF MARKS
Article 73
Article 74
CHAPTER X FEES
Article 75
CHAPTER XI SETTLEMENT OF DISPUTESPart One Lawsuit against Infringement of Mark
Article 76
Article 77
Article 78
Article 79
Part Two Procedure of a Lawsuit at the Commercial Court
Article 80
Article 81
Part Three Cassation
Article 82
Article 834Part Four Alternative Dispute Resolution
Article 84
CHAPTER XII PROVISIONAL DECISION BY THE COURT
Article 85
Article 86
Article 87
Article 88
CHAPTER XIII INVESTIGATION
Article 89
CHAPTER XIV CRIMINAL PROVISIONS
Article 90
Article 91
Article 92
Article 93
Article 94
Article 95
CHAPTER XV TRANSITIONAL PROVISIONS
Article 96
Article 97
Article 98
Article 99
CHAPTER XVI CLOSING PROVISIONS
Article 100
Article 101

5CHAPTER I GENERAL PROVISIONS
Article 1
In this Law
1. Mark shall mean a sign in the form of a picture, name, word, letters,
figures, composition of colors, or a combination of said elements, having
distinguishing features and used in the activities of trade in goods orservices.
2. Trade Mark shall mean a mark that is used on goods traded by a personor by several persons jointly or a legal entity to distinguish the goods
from other goods of the same kind.
3. Service Mark shall mean a mark that is used for services traded bya person or by several persons jointly or a legal entity to distinguishthe services from other services of the same kind.
4. Collective Mark shall mean a mark that is used on goods and/or services
having the same characteristics that are traded jointly by several persons
or legal entities to distinguish the goods and/or services from othersof the same kind.
5. Application shall mean the application for registration of a mark thatis filed in writing at the Directorate General.
6. Applicant shall mean the party that files an application.
7. Examiner shall mean the marks examiner who is an official who becauseof his expertise, is appointed by a Ministerial Decree and shall havethe duty to examine applications for registration of mark.
8. Proxy shall mean a consultant of intellectual property rights.
9. Minister shall mean the Minister, whose scope of duties andresponsibilities includes the guidance in the field of intellectual
property rights, including marks.
10.

Directorate

General

shall

mean

the

Directorate

GeneralofIntellectual Property Rights under the department presided over by the
Minister.
11. Filing Date shall mean the date of receipt of an application thathas fulfilled the administrative requirements.
12. Consultant of Intellectual Property Rights shall mean a person who
hasexpertise

in

the

field

of

intellectual

propertyrightsandspecifically provides services in filing and handling applications ofpatents, marks, industrial designs and other fields of intellectual
property rights and shall be registered as a Consultant of Intellectual
Property Rights at the Directorate General.
13. License shall mean a permission granted by the owner of a registered
mark to another party by means of an agreement based on the grant of right6

(not the transfer of right), to use the relevant mark, either for allor some of the kinds of goods and/or services that are registered fora certain period of time and certain requirements.
14. Priority Right shall mean the right of an applicant to file anapplication originating from a member country of the Paris Convention
for the Protection of Industrial Property or the Agreement Establishing
the World Trade Organization in order to get recognition that the filingdate of the country of origin to be the priority date in the country ofdesignation that is also a member country of the two agreements, provided
that the filing of the application is made during the period prescribedin the Paris Convention for the Protection of Industrial Property.
15. Day shall mean working day.

7

CHAPTER II SCOPE OF MARKSPart One General
Article 2Marks as regulated under this Law shall include trade marks and service
marks.
Article 3
The right to a mark is the exclusive right granted by the State to theowner of the mark which is registered in the General Register of Marksfor a limited period, in which he shall himself use the mark or grant
permission to another party to use it.
Part Two Marks that cannot be registered and marks that are refused
Article 4
A mark shall not be registered on the basis of an application by anapplicant having not good faith.
Article 5
A mark shall not be registered if it contains one of the following
elements:
a. In contradiction with the prevailing rules and regulation, moralityof religion, or public order;
b. Has no distinguishing features;c. Has become public property; ord. Constitutes information or related to the goods or services for which
registration is requested.
Article 6(1) An application for registration of a mark shall be refused by the
Directorate General if the relevant mark:a. Has a similarity in its essential part or in its entirety with a markowned by another party, which has previously been registered for the samekind of goods and/or services.
b. Has a similarity in its essential part or in its entirety with awell-known mark owned by another party for the same kind of goods and/or
services.
c. Has a similarity in its essential part or in its entirety with a known
geographical indication.

8

(2) The provision as referred to in paragraph (1) letter b is also
applicable to goods and/or services, which are not of the same kind,provided that it fulfils certain conditions that will be regulated further
by Government Regulation.
(3) An application for registration of a mark shall also be refused by
the Directorate General if:
a. It constitutes or resembles with the name of a famous person, photograph,or the name of a legal entity belonging to another party, except witha written consent from the entitled party;b. It constitutes an imitation or resembles with a name or abbreviationof a name, flag or coat of arms or a symbol, or an emblem of a state,
or of a national or international institution, except with a writtenconsent from the competent authority;c. It constitutes an imitation or resembles with an official sign or sealor stamp used by a state or a government institution, except with a writtenconsent from the competent authority.

9CHAPTER III APPLICATION FOR REGISTRATION OF MARKPart One Requirements and Procedure of Filing
Article 7(1) An application shall be made in writing in the Indonesian language
to the Directorate General by statinga. The date, month and year;
b. Complete name, nationality and address of the applicant;c. Complete name and address of the proxy, if the application is filed
through one;d. Colors, if the mark uses color elements;e. Country and filing date of the original application, if the application
is filed with priority right.
(2) The application shall be signed by the applicant or his proxy.
(3) The applicant as referred to in paragraph (2) may comprise of a personor several persons jointly together or a legal entity.
(4) The application shall be furnished with the receipt of payment offee.
(5) In the event the application is filed by more than one person who
are jointly entitled to the mark, the name of the persons shall be included
by choosing one address as their address.
(6) In the event of the application as referred to in paragraph (5), theapplication shall be signed by one of the applicants entitled to the markand be furnished with a written consent from them.
(7) In the event the application as referred to in paragraph (5) is filed
through a proxy, the power of attorney for this purpose must be signedby all parties entitled to the relevant mark.
(8) The proxy as referred to in paragraph (7) shall be a Consultant ofIntellectual Property Rights.
(9) Further provisions regarding the requirements for the appointment
as a Consultant of Intellectual Property Rights shall be regulated byGovernment Regulation whilst the procedure of appointment shall be

10regulated by Presidential Decree.
Article 8(1) An application for 2 (two) or more classes of goods and/or services
may be filed in a single application.
(2) The application referred to in paragraph (1) shall mention the kindsof goods and/or services that are covered by the class applied forregistration.
(3) The classes of goods or services referred to in paragraph (1) shallbe further regulated by Government Regulation.
Article 9
Further provisions regarding the requirements and procedure of filingshall be regulated by a Government Regulation.
Article 10(1) An application that is filed by an applicant who resides or permanently
domiciles outside the territory of the Republic of Indonesia must be filed
through a proxy in Indonesia.
(2) The applicant as referred to in paragraph (1) shall state and choose
the residence of his proxy as his legal domicile in Indonesia.
Part Two Application for registration of mark with priority right
Article 11
An application with a priority right shall be filed within a period of
6 (six) months at the latest, commencing from the first filing date of
the application in another country, which is a member of the Paris
Convention for the Protection of Industrial Property or a member of theWorld Trade Organization.
Article 12(1) In addition to fulfilling the provisions as referred to in Part Oneof this Chapter, an application with a priority right must also becompleted with an evidence of the receipt of the application for the firsttime which gives rise to said priority right.
(2) The evidence of priority right as referred to in paragraph (1) shall11

be translated into the Indonesian language.
(3) In the event the provisions as referred to in paragraphs (1) and (2)have not been fulfilled within a period of at the latest 3 (three) months
after the expiry of the right to file an application with a priority rightas referred to in Article 11, the application shall be processed withouta priority right.
Part

Three

Examination

on

the

completenessofrequirementsforregistration of markArticle 13(1) The Directorate General shall conduct an examination of thecompleteness of requirements for registration of a mark as referred toin Article 7, Article 8, Article 9, Article 10, Article 11, and Article
12.
(2) If in fact there are deficiencies in the completeness of requirements
as referred to in paragraph (1), the Directorate General shall requestthat such deficiencies be remedied within a period of at the latest 2(two) months from the date of dispatch of the letter from the Directorate
General requesting the completion of such deficiencies.
(3) Where such deficiencies pertain to the requirements referred to in
Article 12, the period for remedying the deficiencies in said requirements
shall be at the latest 3 (three) months from the date of expiry of theperiod of filing of an application with a priority right.
Article 14(1) Where deficiencies in the requirements are not corrected within the
period as referred to in Article 13 paragraph (2), the Directorate Generalshall notify the applicant or his proxy in writing that the application
is deemed withdrawn.
(2) Where an application is deemed withdrawn as referred to in paragraph(1), all fees that have been paid to the Directorate General cannot be
reimbursed.

12

Part Four Period of receipt of Mark Registration Application
Article 15(1) In the event all administrative requirements as referred to in Article
7, Article 8, Article 9, Article 10, Article 11, and Article 12 have been
fulfilled, the application shall be given a filing date.
(2) The filing date of the application as referred to in paragraph (1)shall be recorded by the Directorate General.
Part Five Amendment and withdrawal of Application for Mark Registration
Article 16
Amendment of an application shall only be allowed for the change of name
and/or address of the applicant or his proxy.
Article 17(1) As long as an application has not been decided by the Directorate
General, it can be withdrawn by the applicant or his proxy.
(2) Where the withdrawal of the application as referred to in paragraph(1) is made by the proxy, it must be made on the basis of a special powerof attorney for the purpose of said withdrawal.
(3) Where an application is withdrawn, all fees that have been paid tothe Directorate General cannot be reimbursed.

13

CHAPTER IV REGISTRATION OF MARKSPart One Substantive Examination
Article 18(1) The Directorate General shall conduct a substantive examination ofan application within a period of 30 (thirty) days at the latest fromthe filing date as referred to in Article 15.
(2) The substantive examination as referred to in paragraph (1) shallbe conducted with due regard to the provisions of Article 4, Article 5,
and Article 6.
(3) The substantive examination as referred to in paragraph (1) shallbe finished no later than 9 (nine) months.
Article 19(1) The substantive examination shall be conducted by the examiner at
the Directorate General.
(2) The examiner shall be the official who, due to his skills andqualifications, is appointed and dismissed as functional official by the
Minister on the basis of certain requirements.
(3) The examiner shall be given a functional rank and allowances in
addition to other rights in accordance with prevailing laws andregulations.
Article 20(1) Where the examiner concludes the result of the substantive examinationthat an application can be approved for registration, the Directorate
General with the approval of the Director General shall announce theapplication in the Official Gazette of Marks.
(2) Where the examiner concludes the result of the substantive examinationthat an application cannot be registered or shall be refused, theDirectorate General with the approval of the Director General shall notify
in writing the applicant or his proxy stating the reasons therfor.
(3) Within a period of 30 (thirty) days at the latest from the date ofreceipt of the notification, the applicant or his proxy may submit an14

objection or a comment, stating the reasons therfor.
(4) In the event the applicant or his proxy does not submit any objection
or comment as referred to in paragraph (3), the Directorate General shalldecide on the refusal of the application.
(5) In the event the applicant or his proxy submits an objection or acomment as referred to in paragraph (3) and the examiner concludes thatsuch objection or comment can be accepted, the Directorate General withthe approval of the Director General shall announce the relevant
application in the Official Gazette of Marks.
(6) In the event the applicant or his proxy submits an objection or acomment as referred to in paragraph (3) and the examiner concludes thatsuch objection or comment cannot be accepted, the Directorate Generalwith the approval of the Director General shall refuse the application.
(7) The refusal as referred to in paragraphs (4) and (6) shall be notified
in writing to the applicant or his proxy, stating the reasons therfor.
(8) Where an application is refused, all fees that have been paid to the
Directorate General cannot be reimbursed.
Part Two Announcement of application
Article 21
Within a period of at the latest 10 (ten) days as of the date of approval
for registration, the Directorate General shall announce the applicationin the Official Gazette of Marks.
Article 22
The announcement shall last for 3 (three) months and be conducted bya. Placement in the Official Gazette of Marks that is publishedperiodically by the Directorate General, and/or
b. Placement in a special medium, which can be easily and clearly seen,
provided by the Directorate General.
c. The date of commencement of the announcement shall be recorded by the
Directorate General.
Article 23
The announcement shall be made by mentioning:15

a. The full name and complete address of the applicant, as well as thefull name and address of the proxy;b. The class and kind of goods and/or services for which registrationof the mark has been requested;c. The filing date of the application;d. The name of the country and the filing date of the first application,
if the application is filed with a priority right.
e. A sample of the mark label, including information concerning its colors,and if the mark label uses a foreign language and/or letters other thanthe Latin alphabet and/or numerals which are not commonly used inIndonesian language, it must be furnished with its translation in theIndonesian language, using the Latin alphabet or numerals which arecommonly used in Indonesian language, as well as its pronunciation in
the Latin spellings.
Part Three Objection and Rebuttal
Article 24(1) During the period of announcement as referred to in Article 22, any
person or legal entity may file an objection to an application, in writing
to the Directorate General.
(2) The objection as referred to in paragraph (1) may be filed where there
is sufficient reason accompanied by evidence that the mark for which
registration is requested is a mark, which under this Law shall not beregistered or shall be refused.
(3) In the case of an objection as referred to in paragraph (1), theDirectorate General shall within a period of at the latest 14 (fourteen)days from the date of receipt of the objection send a copy of the lettercontaining said objections to the applicant or his proxy.
Article 25(1) The applicant or his proxy shall be entitled to file a rebuttal tothe objection as referred to in Article 24 at the Directorate General.
(2) The rebuttal as referred to in paragraph (1) shall be filed in writing
within a period of at the latest 2 (two) months from the date of receiptof the copy of the objection sent by the Directorate General.

16Part Four Re-examination
Article 26(1) In the case of an objection and/or rebuttal, the Directorate Generalshall use the objection and rebuttal as additional material for there-examination of the application that has been announced as referred
to in Article 21.
(2) The re-examination of the application as referred to in paragraph(1) shall be completed within a period of 2 (two) months from the dateof expiry of the announcement.
(3) The Directorate General shall notify in writing to the party thathas filed the objection about the result on re-examination as referred
to in paragraphs (1) and (2).
(4) Where the examiner concludes the result of examination that theobjection can be accepted, the Directorate General shall notify theapplicant in writing that the application cannot not be registered oris refused; and in such a case, the applicant or his proxy may file arequest for an appeal petition.
(5) Where the examiner concludes the result of examination that theobjection cannot be accepted, with the approval of the Director General,
the application shall be registered in the General Register of Marks.
Article 27(1) Where there are no objections as referred to Article 24 paragraph(1), the Directorate General shall issue and grant a Mark Certificate
to the applicant or his proxy within a period of 30 (thirty) days at thelatest from the date of expiry of the announcement period.
(2) In the case that an objection cannot be accepted as referred to Article
26 paragraph (5), the Directorate General shall issue and grant a Mark
Certificate to the applicant or his proxy within a period of 30 (thirty)
days at the latest commencing from the date the relevant application wasapproved for registration in the General Register of Marks.
(3) The Mark Certificate as referred to in paragraph (1) shall contain:
a. The full name and address of the owner of registered mark;b. The full name and address of the proxy, where the application is filed

17based on Article 10;c. The date of application and date of filing;d. The name of country of and the first filing date, where the application
is filed with priority rights;
e. The specimen of registered mark, including the illustration of thecolors if the mark uses color elements, and if the mark uses a foreign
language and/or letters other than Latin and/or figures that are notcommonly used in the Indonesian language, it shall be furnished with thetranslation in the Indonesian language, using Latin letters and figuresthat are commonly used in the Indonesian language, and the spelling in
Latin.
f. Number and date of registration;
g. Class and type of goods and/or services of the registered mark; andh. Period of validity of the mark registration.
(4) Any person may file a request for the official excerpt of a Mark
Certificate that is recorded in the General Register of Marks.
Part Five Period of Protection of Registered Marks
Article 28
A registered mark shall have legal protection for a period of 10 (ten)years from the filing date and the protection period can be extended.
Part Six Appeal Petitions
Article 29(1) A petition for appeal may be filed against the refusal of an
application on the grounds of substantive matters as referred to in
Article 4, Article 5, or Article 6.
(2) A petition for appeal shall be filed in writing to the Mark Appeal
Commission by the applicant or his proxy and a copy thereof shall be sent
to the Directorate General, with a payment of fee.
(3) An appeal petition shall be filed by describing in detail the objection
to the refusal of the application as the result of substantive
examination.
(4) The grounds as referred to in paragraph (3) must not constitutecorrections or completions of the refused application.

18

Article 30(1) A petition for appeal shall be filed within a period of not longer
than 3 (three) months from the date of notification of refusal of theapplication.
(2) In the event the period provided in paragraph (1) has lapsed without
an appeal petition, the refusal of the application shall be deemed
accepted by the applicant.
(3) Where the refusal of the application has been deemed accepted as
referred to in paragraph (2), the Directorate General shall record thisin the General Register of Marks.
Article 31(1) The decision of the Mark Appeal Commission shall be made within nolater than 3 (three) months as of the date of receipt of the appeal
petition.
(2) In the event the Mark Appeal Commission accepts the appeal petition,
the Directorate General shall conduct the announcement as referred toin Article 21 except for applications that have already been announced
in the Official Gazette of Marks.
(3) In the event the Mark Appeal Commission refuse the appeal petition,
the applicant or his proxy may bring an action to the Commercial Court
within a period of 3 (three) months at the latest from the date of receiptof the refusal.
(4) Against the decision of the Commercial Court as referred to inparagraph (3), may only be filed an appeal to Supreme Court.
Article 32
The procedure for the appeal petitions and examinations as well as thesettlement of appeals shall be regulated further by a Presidential Decree.
Part Seven The Mark Appeal Commission
Article 33(1) The Mark Appeal Commission is a special independent body under the
department responsible for intellectual property rights.

19

(2) The Mark Appeal Commission comprises a chairman who is also acting
as a member, a deputy chairman who is also acting as a member, members
comprising some experts in the necessary field, and senior examiners.
(3) The members of the Mark Appeal Commission as referred to in paragraph(1) are appointed and dismissed by the Minister, for a service term of
3 (three) years.
(4) The Chairman and deputy chairman are elected from and by members of
the Mark Appeal Commission.
(5) To examine appeal petitions, the Mark Appeal Commission shall forma council in an odd number of at least 3 (three) people, one of whom isa senior mark examiner that has not conducted a substantive examinationon the application.
Article 34
The structure of organization, duties and functions of the Mark Appeal
Commission shall be regulated further by Government Regulation.
Part Eight Extension of Protection Period of a Registered Mark
Article 35(1) The owner of a registered mark may file a request for the extensionof the protection period for additional periods of the same duration.
(2) The request for extension as referred to in paragraph (1) shall be
filed in writing by the owner or his proxy within a period of 12 (twelve)months before the expiry of the protection period of said registered mark.
(3) The request for extension as referred to in paragraph (2) shall be
submitted to the Directorate General.
Article 36
A request for the extension of the protection period shall be approved
if:a. The relevant mark is still used on the goods or services as statedin the Mark Certificate; andb. The goods or services as referred to in (a) are still produced andtraded.

20

Article 37(1) A request for the extension of the protection period shall be refusedby the Directorate General if it does not fulfill the provisions as
referred to in Article 35 and Article 36.
(2) A request for the extension of protection period shall be refusedby the Directorate General, if the relevant mark has similarities in its
essential part or its entirety with a well-known mark of another person,
taking into account the provisions as referred to in Article 6 paragraph(1) letter b and paragraph (2).
(3) The refusal of a request for the extension of the protection period
shall be notified in writing to the mark owner or his proxy, stating thereasons therfor.
(4) Any objections on the refusal as referred to in paragraphs (1) and(2) may be filed at the Commercial Court.
(5) Upon the decision of the Commercial Court as referred to in paragraph(3) may only be filed a cassation.
Article 38(1) An extension of the period of protection of a registered mark shallbe recorded in the General Register of Marks and announced in the Official
Gazette of Marks.
(2) The extension of the period of protection of a registered mark shallbe notified in writing to the mark owner or his proxy.
Part Nine Change of Name and/or Address of a Registered Mark Owner
Article 39(1) A request for the change of name and/or address of a registered markowner to be recorded in the General Register of Marks shall be filed at
the Directorate General, with a payment of fee and accompanied by a valid
copy of the evidence of said change.
(2) The change of name and/or address of a registered mark owner which
has been recorded by the Directorate General shall be announced in the
Official Gazette of Marks.

21

CHAPTER V TRANSFER OF RIGHTS OF A REGISTERED MARKPart One Transfer of Rights
Article 40(1) The rights of a registered mark may be transferred by:a. Inheritance;
b. Will;c. Legacy;d. Agreement; ore. Other reasons justified by law.
(2) The transfer of rights to a registered mark as referred to in paragraph(1) must be filed at the Directorate General to be recorded in the General
Register of Marks.
(3) The transfer of rights of a registered mark as referred to in paragraph(1) shall be accompanied by supporting documents.
(4) The transfer of rights to a registered mark which has been recordedby the Directorate General shall be announced in the Official Gazetteof Marks.
(5) The transfer of rights of a registered mark which is not recordedin the General Register of Marks shall have no legal consequences to any
other party.
(6) The transfer of rights of a mark as referred to in paragraph (1) shallbe recorded with a payment of fee as regulated in this Law.
Article 41(1) A transfer of rights of a registered mark may be accompanied by thetransfer of fame, reputation or other things related to the mark.
(2) The right of a registered service mark that cannot be separated fromthe ability, quality, or skills of the party rendering the service canbe transferred provided that there is a guaranty on the quality of service
to be rendered.
Article 42
The transfer of rights to a registered mark may only be recorded by the22

Directorate General if it is accompanied with a written statement fromthe receiver of rights that the relevant mark will be used for trade ofgoods and/or services.
Part Two Licensing
Article 43(1) The owner of a registered mark shall be entitled to grant a license
to another person with an agreement that the licensee will use the markeither all or parts of the kinds of goods or services.
(2) A license agreement shall be valid for the entire territory of the
Republic of Indonesia, unless agreed otherwise, for a period not exceeding
the period of protection of the registered mark concerned.
(3) The recording of a license agreement must be requested at the
Directorate General with the payment of a fee and the legal consequencesof the recording of the license agreement shall apply to all parties
concerned and to any other third party.
(4) A license agreement referred to in paragraph (3) shall be recordedby the Directorate General in the General Register of Marks and shallbe announced in the Official Gazette of Marks.
Article 44
The owner of a registered mark who has given a license to another person
as referred to in Article 43 paragraph (1) shall continue to be allowed
to use by himself or to give a license to another third party to use thesaid mark, unless agreed otherwise.
Article 45
A license agreement may provide that the licensee may give further
licenses to third parties.
Article 46
The use of a registered mark in Indonesia by a licensee shall be deemed
the same as the use in Indonesia of the said mark by the owner of themark.
Article 47(1) A license agreement shall be prohibited to contain provisions, which23may directly or indirectly give rise to effects which damage theIndonesian economy or to contain restrictions that obstruct the abilityof the Indonesian people to master and develop the technology in general.
(2) The Directorate General must refuse any request for the recordingof a license agreement, which contains prohibited provisions as referred
to in paragraph (1).
(3) The Directorate General shall notify the owner of the mark or his
proxy and the licensee in writing of the refusal as referred to inparagraph (2), stating the reasons therefore.
Article 48(1) A good faith licensee of a mark that is subsequently cancelled on
the basis of a similarity in principle or in its entirety with anotherregistered mark shall be entitled to continue carrying out the license
agreement until the expiry of the period of said license agreement.
(2) A licensee as referred to in paragraph (1) shall no longer be obligatedto continue the payment of royalties, which would still properly be dueto the licensor of the cancelled mark, but instead shall be obligatedto make the payment of royalties to the owner of the mark that has notbeen cancelled.
(3) Where a licensor has already received royalties as a lump sum fromthe licensee, the said licensor shall be obligated to surrender a portionof the royalties he has received to the owner of the mark that has notbeen cancelled, in proportion to the remaining period of the license
agreement.
Article 49
The provisions regarding requirements and procedure of filing the request
for the recording of a license agreement and further provisions regarding
license agreements as referred to under this Law shall be regulated bya Presidential Decree.

24

CHAPTER VI COLLECTIVE MARKS
Article 50(1) An application for registration of a trade mark or a service markas a collective mark shall only be accepted if it is clearly stated insaid application that the mark would be used as a collective mark.
(2) In addition to the affirmation on the use of a collective mark as
referred to in paragraph (1), the said application must be accompanied
by a copy to the regulation on the use of said mark as a collective mark,signed by all relevant mark owners.
(3) The regulation on the use of a collective mark as referred to inparagraph (2) must contain, at least:a. The nature, the general characteristics, or the quality of the goods
or services to be produced and traded;b. Provisions for the owner of the collective mark to conduct effective
supervision of the use of the said mark; andc. Sanctions for violations of the regulation on use of the collectivemark.
(4) The provisions as referred to in paragraph (3) shall be recorded in
the General Register of Marks and announced in the Official Gazette ofMarks.
Article 51
An application for registration of a collective mark shall be subject
to an examination of the completeness of requirements as referred to in
Article 7, Article 8, Article 9, Article 10, Article 11, Article 12, andArticle 50.
Article 52
The substantive examination on the application for registration of acollective mark shall be conducted in accordance with the provisions ofArticle 18, Article 19, and Article 20.
Article 53(1) Any change in the regulation on the use of a collective mark mustbe filed at the Directorate General for record, accompanied by a valid
copy evidencing said change.

25

(2) The change as referred to in paragraph (1) shall be recorded in the
General Register of Marks, and announced in the Official Gazette of Marks.
(3) The change in the regulation on the use of a collective mark shallapply to any third parties after it has been recorded in the General
Register of Marks.
Article 54(1) The rights to a registered collective mark may only be transferred
to recipients capable of conducting effective supervision in accordancewith the regulation on the use of the collective mark.
(2) The transfer of rights to a registered collective mark as referred
to in paragraph (1) must be filed to the Directorate General forrecordation, with a payment of fee.
(3) The transfer of rights as referred to in paragraph (2) shall berecorded in the General Register of Marks and announced in the Official
Gazette of Marks.
Article 55
A registered collective mark may not be licensed to any other third party.

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CHAPTER VII GEOGRAPHICAL INDICATION AND SOURCE OF ORIGIN
Part One Geographical Indications
Article 56(1) Geographical indication shall be protected as a sign which indicatesthe place of origin of goods, which due to its geographical environment
factors, including the factor of the nature, the people or the combinationof the two factors, gives a specific characteristics and quality on the
goods produced therein.
(2) Geographical indication shall be protected after registration, basedon an application filed by:a. An institution that represents the society in the area, which produces
the goods concerned, which consists of:
1. Parties who undertake business on goods of natural products or natural
resources;
2. Producers of agricultural products;
3. People who make handicraft or industrial products; or
4. Merchants who sell the goods concerned;b. An institution that is given the authority to do so; andc. Groups of consumers of the goods concerned.
(3) The provisions concerning the announcement referred to in Article
21, Article 22, Article 23, Article 24, and Article 25 shall also apply
mutatis mutandis to the announcement of application for registration ofgeographical indication.
(4) An application for the registration of a geographical indication shallbe refused by the Directorate General, if the sign concerned:
a. is against morality of religion, public order, likely to deceive or
mislead people as to the characteristics, such as features, quality,source of origin, process of production or use;b. is not qualified to be registered as a geographical indication.
(5) An appeal petition may be filed against the refusal as referred toin paragraph (4).
(6) The provisions on appeal petitions in Article 29, Article 30, Article
31, Article 32, and Article 33, and Article 34 shall apply mutatis mutandis
to any appeal petitions as referred to paragraph (5).

27

(7) A registered geographical indication enjoys a legal protection, which
persists as far as the features and/or the quality on which the protection
has been conferred still exist.
(8) If prior to or on the date of application for registration of ageographical indication, a sign has been used in good faith by anotherparty who has no right to register pursuant to the provisions as referred
to in paragraph (2), the party who has been acting in good faith may
continue to use the sign concerned for a period of 2 (two) years as fromthe date of its registration as a geographical indication.
(9) Further provisions concerning the procedures for registration ofgeographical indication shall be regulated by Government Regulation.
Article 57(1) The holder of right on geographical indication may file a lawsuit
against an unrightful user of the geographical indication, in the formof claim for damages and an order for stopping the use as well as disposalof labels of the geographical indication concerned which has been
unlawfully used.
(2) To prevent any further loss on the party whose right has been infringed,a judge may order the infringer to cease any activities of producing,
multiplying, and may order to destroy labels of the geographicalindication which have been unrightfully used.
Article 58
The provisions regarding the provisional decision by the Court as referred
to in CHAPTER XII of this Law shall apply mutatis mutandis to theimplementation of the rights on geographical indication.
Part Two Source of Origin
Article 59
Source of origin shall be protected as a sign which:a. complies with the provisions of Article 56 paragraph (1), but has notbeen registered; orb. solely indicates the origin of certain goods or services.
Article 60
The provisions as referred to in Article 57 and Article 58 shall apply

28

mutatis mutandis to the holder of rights on source of origin.

29

CHAPTER VIII NULLIFICATION AND CANCELLATION OF REGISTRATION OF A MARKPart One Nullification
Article 61(1) The nullification of mark registration from the General Register ofMarks may be made by the Directorate General either at its own initiative
or at the request of the owner of the mark concerned.
(2) The nullification of a mark registration on the initiative of the
Directorate General may be made if:
a. the mark which has not been used for 3 (three) consecutive years intrade of goods and/or services from the date of registration or of thelast use, except there is an excuse which is acceptable to the Directorate
General; orb. the mark is used for the kind of goods and/or services, which is notin pursuant to the kind of goods, or services for which the markapplication for registration was filed, including the use of mark, which
is not in accordance with the registered mark.
(3) The reasons as referred to in paragraph (2) letter a are:a. import prohibition;b. the prohibition related to the permit for the distribution of goods
using the mark concerned or any temporary decision from the competentauthority;c. other similar prohibitions imposed by Government Regulation.
(4) The nullification of mark registration as referred to in paragraph(2) shall be recorded in the General Register of Marks and announced in
the Official Gazette of Marks.
(5) Any objection against the decision on the nullification of a markregistration as referred to in paragraph (2) may be submitted to theCommercial Court.
Article 62(1) A request for the nullification of registration of a mark by the markowner or his proxy, either for all or for part of the kinds of goods and/or
services, shall be submitted to the Directorate General.
(2) Where the mark as referred to in paragraph (1) is still bound by a30

valid license agreement, the nullification may only be made with a writtenconsent of the licensee.
(3) Exception as to the consent of the licensee as referred to in paragraph(2) may only be made possible where the licensee clearly agrees to waive
such consent in the license agreement.
(4) The nullification of registration of a mark as referred to in paragraph(1) shall be recorded in the General Register of Marks and announced in
the Official Gazette of Marks.
Article 63
Any third party shall also be able to file a request for the deletionof the registration of a mark on the grounds as referred to in Article
61 paragraph (2) letter a and letter b in the form of a claim filed at
the Commercial Court.
Article 64(1) Upon the decision of the Commercial Court as referred to in Article
63 may only be filed an appeal to the Supreme Court.
(2) The decision of the Court as referred to in paragraph (1) shall be
forwarded by the Clerk of the Court concerned to the Directorate General
after the date on which the decision is made.
(3) The Directorate General shall execute the deletion of the markconcerned from the General Register of Marks and announce it in the
Official Gazette of Marks where the decision of the Court as referred
to in paragraph (1) has been awarded and has been legally binding.
Article 65(1) The nullification of the registration of a mark shall be carried out
by the Directorate General by crossing out the mark concerned in the
General Register of Marks and noting the reasons for and the date of said
deletion.
(2) The nullification of the registration of a mark as referred to inparagraph (1) shall be notified in writing to the mark owner or his proxy,stating the reasons therefore and stressing that as of the date of deletionfrom the General Register of Marks, the relevant Mark Certificate shallbe declared to be null and void.

31

(3) The nullification of registration of a mark shall cause thetermination of the legal protection on the relevant mark.
Article 66(1) The Directorate General may nullify the registration of a collective
mark on the basis of:a. a request from the owner of collective mark with a written consent
from all users of the collective mark;b. sufficient evidence that the collective mark has not been used forthree years consecutively from the date of registration or from the dateof the last use, except there is an excuse acceptable to the Directorate
General;c. sufficient evidence that the collective mark is being used for thekind of goods and/or services which is not in pursuant to the kind ofgoods and/or services applied for in the registration; ord. sufficient evidence that the collective mark has not been used inaccordance with the regulation on the use of the collective mark.
(2) The request for the nullification of registration of a collective
mark as referred to in paragraph (1) letter a shall be filed at the
Directorate General.
(3) The deletion of registration of a collective mark as referred to inparagraph (2) shall be recorded in the General Register of Marks andannounced in the Official Gazette of Marks.
Article 67
A request for the deletion of registration of a collective mark can also
be filed by any third party in the form of a lawsuit at the Commercial
Court on the grounds as referred to in Article 66 paragraph (1) letterb, letter c, and letter d.
Part Two Cancellation
Article 68(1) A lawsuit for the cancellation of a registered mark may be filed byany interested party based on the grounds as referred to in Article 4,
Article 5 or Article 6.
(2) An owner of unregistered mark may file a lawsuit as referred to inparagraph (1), after filing an application at the Directorate General.

32

(3) The lawsuit for cancellation as referred to in paragraph (1) shallbe filed at the Commercial Court.
(4) Where the plaintiff or the defendant resides outside the territoryof the Republic of Indonesia, the lawsuit shall be filed at the Commercial
Court in Jakarta.
Article 69(1) A lawsuit for cancellation of the registration of a mark shall be
filed within a period of 5 (five) years after the date of markregistration.
(2) A lawsuit for cancellation may be filed without a time limit if themark concerned is contrary to morality of religion, ethics and publicorder.
Article 70(1) Upon the decision of the Commercial Court as referred to in Article
68 paragraph (4) may only be filed a cassation to the Supreme Court.
(2) A copy of the decision of the Court as referred to in paragraph (1)shall be forwarded by the Clerk of the Court concerned to the Directorate
General after the date on which the decision is made.
(3) The Directorate General shall execute the cancellation of the markconcerned from the General Register of Marks and announce it in the
Official Gazette of Marks where the decision of the Court as referred
to in paragraph (1) has been awarded and has been legally binding.
Article 71(1) The cancellation of the registration of a mark shall be carried out
by the Directorate General by crossing out the mark concerned in the
General Register of Marks and noting the reasons for and the date of said
cancellation.
(2) The cancellation of registration of a mark referred to in paragraph(1) shall be notified in writing to the owner of mark or his proxy, stating
the reasons therfor and stressing that as of the date of deletion fromthe General Register of Marks, the Mark Certificate concerned shall bedeclared to be null and void.

33

(3) The crossing out of the registration of a mark in the General Registerof Marks referred to in paragraph (1) shall be announced in the Official
Gazette of Marks.
(4) The cancellation and the crossing out of a mark registration shallcause the termination of the legal protection on the relevant mark.
Article 72
In addition to the grounds as referred to in Article 68 paragraph (1),a request for the cancellation of registration of a collective mark may
also be filed at the Commercial Court, if the use of the collective markis contrary to the provisions as referred to in Article 50 paragraph (1).

34

CHAPTER IX ADMINISTRATION OF MARKS
Article 73
The Directorate General shall conduct the administration of marks asregulated under this Law.
Article 74
The Directorate General shall implement a national network system of markdocumentation and information, which is capable of providing information
to the public as widely as possible.

35

CHAPTER X FEES
Article 75(1) A fee, the amount of which shall be regulated by a Government
Regulation, shall be paid upon the filing of an application or a request
for the renewal of a mark, a request for excerpt of the General Registerof Marks, a request for the recording of the transfer of right, a request
for the amendment of name and/or address of owner of a registered mark,a request for the recording of a license agreement, a request for theobjection on an application, a request for an appeal petition, and othermatters regulated in this Law.
(2) Further provisions regarding the requirements, periods and methodsof payment of fees as referred to in paragraph (1) shall be regulated
by a Presidential Decree.
(3) The Directorate General with the approval from the Minister and theMinister of Finance may use the income originating from the fees asreferred to in paragraphs (1) and (2) in accordance with the prevailingrules and regulations.

36

CHAPTER XI SETTLEMENT OF DISPUTESPart One Lawsuit against Infringement of Mark
Article 76(1) The owner of a registered mark may file a lawsuit against any otherparty that unlawfully uses a mark for goods and/or services which hassimilarity in its essential part or its entirety with his mark, in theform of:a. claim for compensation, and/or
b. the termination of all acts that are related to the use of the relevantmark.
(2) The lawsuit referred to in paragraph (1) shall be filed at theCommercial Court.
Article 77
The lawsuit against the infringement of mark as referred to in Article
76 may also be filed by a licensee of a registered mark either by himself
or together with the owner of the relevant mark.
Article 78(1) Upon a request of the owner of a registered mark or the licensee ofa registered mark as the plaintiff, a judge may order the defendant tocease the production, distribution and/or trade of goods or services which
use the said mark without right thereto during the hearings and to prevent
greater damages.
(2) Where the defendant is also demanded to surrender the goods which
use the mark without right thereto, a judge of the Commercial Court mayorder that the surrender of the goods or the value of the goods be carriedout after the decision of the Court has become final and legally binding.
Article 79
Upon the decision of the Commercial Court may only be filed an appeal
to Supreme Court.
Part Two Procedure of a Lawsuit at the Commercial Court
Article 80(1) A lawsuit for the cancellation of registration of a mark shall be37filed to the Head of Commercial Court within the legal jurisdiction inwhich the defendant lives and domiciles.
(2) Where the defendant domiciles outside the territory of the Republicof Indonesia, the lawsuit shall be filed to the Head of Commercial Courtof Central Jakarta.
(3) The Clerk of the Court shall register the lawsuit for cancellationon the date it is filed and produce a receipt signed by him with the samedate with the registration date of the lawsuit.
(4) The Clerk of the Court shall deliver the lawsuit to the Head ofCommercial Court at the latest 2 (two) days after the registration dateof the lawsuit.
(5) Within the period of 3 (three) days at the latest after theregistration date, the Commercial Court shall study the lawsuit anddetermine the date for a hearing.
(6) The examination on a lawsuit shall be conducted within the periodof 60 (sixty) days after the registration date of the lawsuit.
(7) The summons of parties concerned shall be made by the confiscation
clerk at the latest 7 (seven) days after the registration date of thelawsuit.
(8) A decision on the lawsuit shall be made at the latest 90 (ninety)
days after the registration date of the lawsuit and may be extended at
the latest for 30 (thirty) days with the approval of the Head of Supreme
Court.
(9) The decision as referred to in paragraph (8), which contains a complete
legal reasoning as the basis of the decision, shall be stated in a court
session which is open to the public and may be implemented in advance,
although a legal action is filed on the decision.
(10) The decision as referred to in paragraph (9) shall be delivered by
the confiscation clerk to the parties at the latest 14 (fourteen) days
after the date of issuance of the decision.

38

Article 81
The procedure for filing a lawsuit as provided for in Article 80 shallalso apply mutatis mutandis to any lawsuit as provided for in Article
76.
Part Three Cassation
Article 82
Upon the decision of the Commercial Court as referred to in Article 80
paragraph (8) may only be filed a cassation to the Supreme Court.
Article 83(1) The request for cassation as referred to in Article 82 shall be madeat the latest 14 (fourteen) days after the date of the decision, byregistering with the Clerk of the Court that has made a decision of thelawsuit.
(2) The Clerk of the Court shall register the request for cassation on
the date it is filed and produce a receipt signed by him, with the samedate with the registration date.
(3) The applicant for cassation shall deliver the brief of the cassation
to the Clerk of the court within a period of 7 (seven) days commencing
from the date of filing of request for cassation as referred to inparagraph (1).
(4) The Clerk of the Court shall deliver the request for cassation andthe brief of the cassation as referred to in paragraph (3) to the defendantof the cassation at the latest 2 (two) days after the request is filed.
(5) The defendant of the cassation may submit a counter against thecassation to the clerk of the court at the latest 7 (seven) days after
the date the defendant received the brief of cassation as referred toin paragraph (4), and the clerk of the court shall deliver the counter
against the cassation to the applicant of the cassation at the latest
2 (two) days after he received the said counter.
(6) The Clerk of the Court shall deliver the request for cassation, thebrief of cassation and the counter against the cassation as well as therelevant documents to the Supreme Court at the latest 7 (seven) days after
the termination of the period as referred to in paragraph (5).

39

(7) The Supreme Court shall study the request for cassation as referred
to in paragraph (6) and determine the date for a hearing at the latest
2 (two) days after the request was received.
(8) The examination hearing on the request for cassation shall be
conducted at the latest 60 (sixty) days after the date on which the Supreme
Court received the request.
(9) A decision on cassation shall be made at the latest 90 (ninety) days
after the date on which the Supreme Court received the request.
(10) The decision on cassation as referred to in paragraph (9) that
contains a complete legal reasoning as the basis of the decision shallbe stated in a court session that is open to the public.
(11) The Clerk of the Supreme Court shall deliver the decision of cassation
to the Clerk of the Commercial Court at the latest 3 (three) days after
the decision was made.
(12) The confiscation clerk of the court shall deliver the decision of
cassation as referred to in paragraph (11) to the applicant of thecassation and the defendant of the cassation at the latest 2 (two) days
after the decision was received.
Part Four Alternative Dispute Resolution
Article 84
In addition to the settlement of disputes as referred to in Part One ofthis Chapter, the parties concerned may settle their dispute through anarbitration or an alternative dispute resolution.

40

CHAPTER XII PROVISIONAL DECISION BY THE COURT
Article 85
On the basis of an adequate evidence, the party whose rights have been
infringed may request to the judge at he Commercial Court to issue aprovisional decision regarding:a. the prevention of entry of goods related to infringement of the rightof mark;b. the keeping of evidence relating the infringement of relevant mark.
Article 86(1) The request for a provisional decision shall be filed in writing at
the Commercial Court by:a. enclosing/attaching evidence on the ownership of mark;b.

enclosing/attachingevidenceonastrongindication

of

the

infringement of mark;c. stating clearly the goods and/or documents requested, sought,collected and kept for the purpose of evidencing;d. stating a doubt or worry that the party allegedly committed theinfringement of mark will be able to easily eliminate evidence; ande. paying insurance in the form of cash or bank guarantee.
(2) Where the provisional decision as referred to in Article 85 has been
implemented, the Commercial Court shall immediately notify the party
affected by the action and grant a chance to be heard.
Article 87
Where the Commercial Court has issued a provisional decision, a Judgeat the Commercial Court who has examined the relevant dispute shall decide
whether to amend, cancel or reaffirm the injunction as referred to in
Article 85 within the period of 30 (thirty) days at the latest as of thedate of issuance of the relevant provisional decision.
Article 88
Where a provisional decision has been:a. affirmed, the insurance money that has been paid shall be returnedto the party that has filed for the decision and the party may file alawsuit as referred to in Article 76;b. canceled, the insurance money party that has been paid shall be given
to the party affected by the action as a compensation for the provisional
decision.

41

CHAPTER XIII INVESTIGATION
Article 89(1) In addition to investigating officers at the State Police of the
Republic of Indonesia, certain civil servants at the Directorate Generalshall be granted special authority as investigators as referred to in
Law No. 8 of 1981 on Criminal Proceedings, to conduct an investigationof criminal offences in the field of marks.
(2) The civil servant investigator as referred to in paragraph (1) shallbe authorized:
a. to conduct examination of the truth of reports or information relatingto criminal offences in the field of marks;
b. to conduct examination of persons or legal entities suspected ofcommitting criminal offences in the field of marks, based on theaccusation as referred to in (a);c. to collect information and evidence from persons or legal entities
in connection with incidents of criminal offences in the field of marks;
d. to conduct examination of books, records and other documents relatingto criminal offences in the field of marks;
e. to inspect locations on which evidence, books, records, and otherdocuments to be found, as well as to confiscate materials and goods
resulting from infringements which can be used as evidence in the criminal
trials in the field of marks;
f. to request expert assistance in the scope of carrying out the duties
of investigation of criminal offences in the field of marks.
(3) The civil servant investigators as referred to in paragraph (1) shallinform the investigating officers at the State Police of the Republicof Indonesia about the initiating and the result of an investigation.
(4) The civil servant investigator as referred to in paragraph (1) shallforward the results of an investigation to the Public Prosecutor throughthe investigating officers at the State Police of the Republic ofIndonesia in view of the provision of Article 107 of Law No. 8 of 1981
on Criminal Proceedings.

42

CHAPTER XIV CRIMINAL PROVISIONS
Article 90
Whosoever deliberately and without right uses a mark which is similar
in its entirety to a registered mark of another party for the same kindof goods and/or services produced and/or traded shall be sentenced to
imprisonment for a maximum period of 5 (five) years and/or a fine of a
maximum amount of Rp. 1,000,000,000.00 (one billion rupiahs).
Article 91
Whosoever deliberately and without right uses a mark which is similar
in its essential part to a registered mark of another party for the samekind of goods and/or services produced and/or traded shall be sentenced
to imprisonment for a maximum period of 4 (four) years and/or a fine ofa maximum amount of Rp. 800,000,000.00 (eight hundred million rupiahs).
Article 92(1) Whosoever deliberately and without right uses a mark which is similar
in its entirety to a geographical indication of another party for thesame kind of registered goods shall be sentenced to imprisonment for a
maximum period of 5 (five) years and/or a fine of a maximum amount of
Rp. 1,000,000,000.00 (one billion rupiahs).
(2) Whosoever deliberately and without right uses a mark which is similar
in its essential part to a geographical indication of another party forthe same kind of registered goods shall be sentenced to imprisonment fora maximum period of 4 (four) years and/or a fine of a maximum amount of
Rp. 800,000,000.00 (eight hundred million rupiahs).
(3) The representation of actual origin of goods, which result from an
infringement, or words, which indicate that the goods concerned are theimitation of registered goods and protected under geographical indication
shall not prejudice the applicability of provisions referred to inparagraphs (1) and (2).
Article 93
Any person who deliberately and without right uses a sign which isprotected under source of origin of goods or services that are likely
to deceive or mislead people as to the origin of the goods or services
concerned shall be sentenced to imprisonment for a maximum period of 4
(four) years and/or a fine of a maximum amount of Rp. 800,000,000.00 (eight

43

hundred million rupiahs).
Article 94(1) Whosoever trades goods and/or services that are known or shall beknown as goods and/or services resulted from the infringement as referred
to in Article 90, Article 91, Article 92, and Article 93 shall be sentenced
to imprisonment for a maximum period of 1 (one) year and/or a fine ofa maximum amount of Rp. 200,000,000.00 (two hundred million rupiahs).
(2) The criminal offences as referred to in paragraph (1) shall be
infringement.
Article 95
The criminal offences referred to in Article 90, Article 91, Article 92,
Article 93, and Article 94 shall be offence that warrants complaint.

44

CHAPTER XV TRANSITIONAL PROVISIONS
Article 96(1) Any application, the extension of the protection period of aregistered mark, the recordation of the transfer or right, the recordationof the change of name and address, the request for the deletion or thecancellation or a registered mark that has been filed on the basis of
Law No. 19 of 1992 regarding Marks as amended by Law No. 14 of 1997 however
has not been finished on the date of effect of this Law, shall be finishedin accordance with the provisions under said Law.
(2) All marks that have been registered on the basis of Law No. 19 of1992 regarding Marks as amended by Law No. 14 of 1997 and are still valid
on the date of effect of this Law shall continue to be valid for the restof the registration period.
Article 97
Upon a mark as referred to in Article 96 paragraph (2), a claim forcancellation may still be requested at the Commercial Court as referred
to in Article 68, based on the grounds as referred to in Article 4, Article
5 and Article 6.
Article 98
All disputes on marks that are still being processed in the Court by thetime this Law becomes effective shall be processed based on Law no. 19
of 1992 as amended by Law no. 14 of 1997 regarding Marks, until it isgranted a decision that is legally binding.
Article 99
All implementing regulations issued on the basis of Law No. 19 of 1992
as amended by Law No. 14 of 1997 regarding Marks in existence on theeffective date of this Law shall be declared to be valid as long as they
are not in contradiction to this Law or have not been replaced by newones on the basis of this Law.

45

CHAPTER XVI CLOSING PROVISIONS
Article 100
Upon the effectiveness of this Law, Law No. 19 of 1992 as amended by Law
No. 14 of 1997 regarding Mark shall be declared to no longer be valid.
Article 101
This Law shall take effect on the date of its promulgation.
In order that every person may know of it, the promulgation of this Law
is ordered by placement in the State Official Gazette of the Republicof Indonesia.

46