Januar Jahja & Partners

Indonesia to join Madrid Protocol effective 2 January 2018

Indonesia has now officially deposited its instrument of accession to the Madrid Protocol and local brand owners can begin filing international applications under the Madrid system starting on 2 January 2018. It is expected that at some point shortly thereafter, foreign brand owners will be able to use the Madrid system to file for trademark protection in Indonesia.

 Indonesia became the 100th country to join the Madrid system and the 8th member of the Association of Southeast Asian Nations (ASEAN) to do so.

 Indonesia’s deposit also included declarations under Article 5(2)(b) of the Protocol—extension of refusal period will be 18 months—and Rule 20bis(6)(b) of the Common Regulations—recording of licenses in the International Register will have no effect in Indonesia.

 In accordance with Article 52 of the Indonesian Trademark Law no. 20 of 2016, it is now expected that implementing regulations will be issued in the near future, which will provide further detail about the Indonesian Intellectual Property Office’s plans for the administration of International Applications filed in Indonesia through the Madrid System.