A Ministry of Law and Human Rights regulation concerning geographical indications (GIs) was enacted in Indonesia on 25 June 2019.  The regulation was prepared by the Ministry of Law and Human Rights as an implementation regulation to act in accordance with Indonesia’s Marks and Geographical Indications Law.

The regulation lays down specific rules regarding who can apply for registration, procedures, request for substantive examinations, term of protection, appointment of GI expert team, etc.

According to the regulation, there are two types of applicants who are eligible to apply for a GI:

1.  An institution that represents the community in the area where the products are produced.

2.  An authorized government institution.

The protection of GIs in Indonesia can also include foreign GI registrations, provided that such GI has been approved or registered in the country of original or in accordance with international agreements.

When applying for a GI, an applicant must submit to the following formality requirements:

1.   An application form, which consists of the following information:

• the name and address of the applicant
• the name and address of the applicant’s proxy (if application is filed through a proxy)
• the name of the GI
• the type of products to be registered as a GI
• the translation, transliteration and label of the GI

2.   Proof of payment of the official fee

3.   Two GI labels

4.   An abstract of the GI Description Document

5.   A copy of the certificate or approved document in the country of original for a foreign GI application

6.   Power of Attorney, if the application is filed through a proxy

7.   GI Description Document, which consists of the following information:

• the details of the applicant of the GI

   

• the name of the GI in the application for registration
• the name of the products to be protected under the GI
• the details of the characteristics and qualities of the products
• the details of the environmental impact in terms of geography and nature as well as human factors on the characteristics and qualities of goods
• the details of the area boundary and/or area map that is protected by the GI
• the details of the history and tradition in connection with the use of the GI to mark the products produced in the area, including testimonials from the community on the GI
• the details explaining the production process, the processing process and the making process that enable every producer in that area to produce, process or make the products concerned

   

• the details of the methods used for quality testing of the products concerned
• the labels of the products, showing the GI

8.   Electronic document for points (3) until (7) above

Request for a substantive examination can be filed within 10 (ten) days from the end of the publication period by paying an official fee.  The substantive examination will take for maximum 60 (sixty) days as of the date of the substantive request. 

If the application is proposed to be refused by the Directorate General of Intellectual Property, the Applicant may file a response within 3 (three) months as from the notification date. The respective response will be examined within 30 (thirty) days as from the receipt date of the response. If the application remains to be refused, the Applicant may file an appeal to the Mark Appeal Commission. 

Any interested party may file a request for the recordal of use on GI upon completion of the related formality requirements and obtaining recommendation from the right holder.

On 30 September 2019, the President of the Republic of Indonesia issued Presidential Regulation No. 63 of 2019 on the Use of Indonesian Language (“PR 63”), as the implementing regulation of Law No. 24 of 2009 on National Flag, Language, Emblem and National Anthem.

PR 63 sets out several situations where Indonesian language is required. One of those situations is the use of Indonesian language for trademarks that are owned by Indonesian citizens and/or Indonesian entities, except for foreign licensing trademarks and for trademarks with historical, cultural, customary and/or religious values in traditional or foreign languages. Nevertheless, the enforcement of this specific provision is still in question due to lack of penalties for failure to comply with its provision. Up to the present, the Directorate General of Intellectual Property still accepts all trademarks in foreign language filed by the Indonesian citizens and/or Indonesian entities.