TRADEMARK SETTINGS IN ASEAN ECONOMIC COMMUNITY IN CONNECTION WITH THE AMENDMENT OF THE LAW NO. 20 OF 2016 ON TRADEMARK AND GEOGRAPHICAL INDICATIONS

Delfiyanti, Delfiyanti TRADEMARK SETTINGS IN ASEAN ECONOMIC COMMUNITY IN CONNECTION WITH THE AMENDMENT OF THE LAW NO. 20 OF 2016 ON TRADEMARK AND GEOGRAPHICAL INDICATIONS. In: -.

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Abstract

ASEAN Eonomic Community aims at creating a single, production-based market which is stable, prosperous, highly competitive, and economically integrated by an effective facilitation of the traffic flows of goods and services as stated on both ASEAN Charter and ASEAN Economic Community Blueprint. Moreover, in a framework of liberalization, particularly in intellectual property right, the ASEAN member states have agreed ASEAN Intellectual Property Right Action Plan (ASEAN IPR Action Plan) of years 2011-2015. The three instruments come to be legal bases of protecting and regulating intellectual property rights in ASEAN, one of which is trademark. The attention paid to trademarks is one of ASEAN’s measures of protecting the trademarks existing in ASEAN member states. Disputes in intellectual property rights, particularly trademarks-related, have a significant inclination to happen among ASEAN member states. Therefore, it needs a legal instrument for resolving them. Indonesia has participated in the three ASEAN agreements. As a consequence, Indonesia has amended an old law to enact Law No. 20 of 2016 on Trademark and Geographic Indications. The new law has stipulated some new provisions on trademark, e.g., by including non-conventional trademarks, that is, three-dimensional, audio, and hologram marks to the new law, as well as containing special provisions on geographic indication. These were intended to be in conformity with the provisions of relevant international communities, particularly ASEAN. For Indonesia, this is certainly a challenge as well as an opportunity to implement the new Trademark Law and in the same time to use the Agreement properly and to harmonize the new trademark provisions with ones in ASEAN.

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