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Trademark strategy: compensating lack of unfair competition protection in Indonesia

Given the complex legal landscape in Indonesia for unfair competition, developing a strong portfolio of trademarks may be an effective way of safeguarding one’s brand’s identity.

(Photo by Pixabay / pexels.com)

 

According to the World Intellectual Property Organization (WIPO), Indonesia’s Commercial Courts processed 146 IP matters in 2022, with trademark cases accounting for more than 70% of the total. This is the most trademark disputes in Indonesia in the last five years. In Indonesia, it’s important to understand that dealing with unfair competition in the legal context can be quite complex and challenging. The use of trademarks carries significant implications. If you diverge from the registered trademark, you run the risk of facing challenges from third parties, which could potentially invalidate it. Furthermore, if your trademark doesn’t align with how it’s actually used, it may not serve as an effective defence in infringement cases. To successfully manoeuvre through this intricate legal landscape, we highly recommend taking a prudent approach by obtaining trademark registrations that precisely align with your intended use, even including specific colours.

 

It is strongly advised to register not only trademarks that are presently in use in Indonesia, but also those that you want to use in the future and those that you wish to protect against unauthorized use in the Indonesian market. By doing so, you can build a strong portfolio of trademarks that not only strengthens your brand’s protection but also helps solve the constraints given by the country’s lack of unfair competition and passing-off actions. This strategic strategy offers complete brand security as well as legal safeguards for your company.

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