Government Regulation Number 35 of 2024 Officially Replaces Government Regulation Number 42 of 2007: Enhancing Business Fairness Through New Franchising Rules in Indonesia
The Government of the Republic of Indonesia has officially issued Government Regulation Number 35 of 2024 concerning Franchising (“GR 35/2024”), which has come into effect on September 2, 2024. This regulation officially revokes and declares Government Regulation Number 42 of 2007 concerning Franchising (“GR 42/2007”) as no longer applicable. GR 35/2024 was issued to achieve […]
Resale Price Maintenance (RPM): is it Allowed or Prohibited Under Business Competition Law?
Resale Price Maintenance (RPM) refers to the business practice where upstream entities, such as manufacturers, producers, or suppliers, control the price at which their products are resold. This practice involves an agreement between two or more business actors operating at different levels of the production or distribution chain.1 This practice has significant implications within the […]
Legal Consequences For Companieson Software Copyright Infringement By Employees
A. Introduction Software can be defined as a collection of instructions (computer programs) that, when executed, provide various desired features, functions, and performance (Pressman, 2012). Software is generally used to control hardware, perform calculations, interact with other basic software (such as operating systems and programming languages), and more (Rusydi, 2022). Software is part of Intellectual […]
Restitution Rights: Legal Protection for Victims of Human Trafficking Crimes
A. Introduction Human Trafficking is a form of crime that is currently rampant in Indonesia. It is necessary to reflect together on the modus operandi of Human Trafficking, which targets low-income, less educated communities, and those from low social backgrounds by promising large incomes to the victims. The Indonesian National Police recorded that in 2023, […]
Cartel Activities in Indonesia: The Role of Indirect Evidence in Proving Illegal Cartel Activities
A. Introduction Laws regulating business competition are needed to ensure that freedom of competition in the economy can take place without hindrance and on the other hand also functions as signs to guard against unhealthy economic practices. Those became background to the creation of Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices […]
World Intellectual Property Office (WIPO) Statistical Report on Trademark Registrations in Indonesia
In the fast-paced world of intellectual property, trademarks serve as crucial identifiers, distinguishing products, and services in the bustling marketplace. By exploring the statistical report on trademark registrations in Indonesia, released by the World Intellectual Property Office (WIPO) as of December 2023, <https://www.wipo.int/edocs/statistics-country-profile/en/id.pdf>, we gain valuable insights into the nation’s changing commercial landscape. WIPO has […]
Trademark Registration in Indonesia: Language Considerations and Translation Practices
With the growing market share, many foreign brands are interested in registering their trademarks in Indonesia. One type of trademark that can be registered is a word mark. A trademark can be registered as long as it is not descriptive (for example, ” kursi kualitas top diproduksi oleh….” in the trade of chairs (English translation: […]
Mickey Mouse Has Transitioned into the Public Domain as per Copyright Law
As of January 1, 2024, the iconic Disney character, beloved by generations worldwide, officially entered the public domain in accordance with US copyright law. Under this law, rights to characters expire 95 years after their publication (for works published or registered before 1978). This significant change signifies that the creation is no longer under intellectual […]
Recordation of Intellectual Property at the Directorate General of Customs and Excise: Registration Procedures and Legal Protection Explained
According to the Priority Watch List (PWL) issued by the United States Trade Representative (USTR) in 2023, Indonesia remains on the list of countries assessed by the United States as having significant intellectual property (IP) violations1. The rapid expansion of free trade and the increasing number of trade agreements ratified by Indonesia have made the […]
ALTERNATIVE DISPUTE RESOLUTIONS THROUGH LAPS SJK: ARRANGEMENTS OF CONSUMER DISPUTES IN THE FINANCIAL SERVICES SECTOR IN INDONESIA
INTRODUCTION Dispute resolutions recognized in the Indonesian legal system do not always have to go to the court. As an alternative to resolving disputes outside of court, there are mediation and arbitration processes. Definition of mediation may refer to Article 1 point 1 of Regulation of the Supreme Court of the Republic of Indonesia No.1 […]