Jakarta, July 2022. Leks&Co. has successfully defended its client, one of a leading consumer goods companies in Indonesia, on a geographical indication (GI) claim through the Commercial Court of Central Jakarta. The panel of judges decided to decline the claim for its entirety.
The basis of the claim is the violation of the GI under the Article 66 of the Law on Trademark and Geographical Indication. The Claimant argues that the Defendant has been using its registered GI. In contrast, the Defendant argues that they were using it but has stopped using it after it was formally registered.
The panel of judges concludes that (i) the Defendant has stopped producing and selling its product prior to the regstration of GI in Indonesia (ii) the Defendant has not used the GI any longer after it was formally registered in Indonesia and (iii) the use of GI in Defendant’s product has not misled the consumer from the perspective of GI. Ivor Pasaribu, one of the lawyers in the team says, “Unlike the protection of trademark, the protection of GKI starting from the registration date of GI, not the filing date. The important element to be proven is the ‘use of GI’ by unauthorized users, i.e. the production and/or marketing after the GI is protected. Therefore, if a third party has stopped the production and selling of its products before the GI is protected, then it cannot be considered as an infringement of GI, regardless on the existence of the product in the market.”
Leks&Co is recommended on commercial dispute resolution by Legal500, asialaw Profiles, and Benchmark Litigation. One Client said, as quoted by Legal500 2022, “Leks & Co team has a very committed team and they put their best effort.”
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