Government Discusses the Separation of Law on Trademark and Geographical Indications

The government is currently preparing the Third Amendment Draft of Law No. 20 of 2016 on Trademarks and Geographical Indications (Merek dan Indikasi Geografis– “ MIG ”), as last amended by Regulation of the Government in Lieu of Law No. 2 of 2022 on Job Creation (collectively referred to as “ Law 20/2016 ”). This draft is targeted to be included in the 2025–2029 Medium-Term National Legislation Program (Prolegnas). Hermansyah Siregar, Director of the Directorate of MIG, the Directorate General of Intellectual Property (Direktorat Jenderal Kekayaan Intelektual– “ DJKI ”), the Ministry of Law, stated that the revision is being proposed to modernize the trademark protection system, making it faster and more aligned with global developments.

“There are several substantive points being revised, ranging from accelerating the trademark registration process, which currently takes around six months, to separating the regulation of MIG into different legal frameworks,” Hermansyah told Hukumonline.

According to him, the separation of regulations into different legal frameworks will clarify the provisions ranging from the underlying concepts and ownership (brands that are private, communal geographical indications), to the period of protection. This approach is in accordance with Decision of the Constitutional Court No. 144/PUU-XXI/2023 (“ Decision 144/2023 ”), regarding the amendment of period of deletion of unused registered trademarks for 3 to 5 consecutive years and expanding the grounds for non-use of trademark to include force majeure conditions.

“It is currently under discussion between the DJKI and the Directorate General of Laws and Regulations (DJPP),” he added.