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Intellectual Property Rights
I
ndonesia has ratified the “Protocol Relating to the Madrid
Agreement Concerning the International Registration of Mark”
on September 30, 2017. Consequently, as of January 2, 2018
Indonesia will become the 100th member of the Madrid System
of trademark protection (“Madrid System”). As of that day,
foreign trademark owners can use the Madrid System to protect
their trademarks in Indonesia and Indonesian trademark owners
to protect their trademarks in a member jurisdiction of the
Madrid System. According to the Madrid System, the owner of
a trademark application or registration in a member jurisdiction
(“basic application or registration”) can obtain an international
registration for its trademark with the World Intellectual Property
Organization (“WIPO”).
Based on this international registration, the trademark owner
can extend the trademark protection to one or more member
jurisdiction. That means that additional local trademark
applications in different countries may not be necessary.
However, one possible disadvantage of the Madrid System is
that in case of any refusal, withdrawal or cancellation of the
basic application or registration, such refusal, etc. will affect the
international registration in the same way. Therefore, it should
Ratification of the Madrid Protocol
be reviewed in each case whether the Madrid System should
be used for the application and registration respectively, or
whether a local application/registration in the foreign country is
preferable.
Dr. Mario Feuerstein, MBA
Partner
+68 21 6219 8370
Schulz Noack Bärwinkel
Schulz Noack Bärwinkel (SNB) is a German law firm based in Hamburg,
which was established in 1929. Over the years we developed a strong
focus on the Asian markets, especially China, Vietnam and Indonesia.
Today SNB maintains offices in China and Southeast Asia with an
international team led by highly experienced German attorneys.
Through our partnership with a leading Indonesian commercial
and corporate law firm, we provide our clients with high quality legal
services. Our team consists of German-speaking attorneys with
substantial Asia experience and language skills, combined with a
thorough understanding of the Indonesian business environment.
Schulz Noack Bärwinkel
German Attorneys-at-Law
SITC, Suite 2302
2201 Yan An Road (West)
200336 Shanghai – China
Phone : +86 21 6219 8370
Fax
: +86 21 6219 6849
Email
:
Website :
