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[BS3125] Entrepreneurship in Life Sciences

Trademark &
Copyrights
 1. Trademarks
Presentation 2. Copyrights
Outlines
“Trademarks”
A trademark is a distinct word, phrase, or symbol that legally sets
one product or service apart from all others of its type.
 Items Protected Under Trademark Law
Anything can be a trademark if it indicates the source of goods and services.
Names, slogans - words, letters, abbreviations, numerical
Design (logos) - color, shape, graphically sign
Characters/ Mascots
Types of Trademarks
There are four categories that indicates how strong the
protection of a mark is

Generic Suggestive

4 types of
trademark

Descriptive Arbitrary
 Types of Trademarks
Generic Descriptive Suggestive Arbitrary

A term or phrases that only describe the attributes
Common term used to name a product or service
of a product or offer to describe it
Unique mark that does not explicitly identify the A term or picture that has a well-established
product, but rather makes references to certain meaning, yet it has nothing to do with the product
aspects of it it is associated with.

No protection at all No protection at all 10 years 10 years

e.g. Coke e.g. Coca-Cola e.g. Netflix e.g. Apple

Items are excluded from
trademark
Names and logos that are similar to Trademarks that are misleading/
an existing trademark deceptive
Cause confusion not in accordance with the fact

Generic terms and phrases

Inventions and creative works
Not recognized as a brand
protected by patents and copyrights, respectively

Personal names, common surnames

Not recognized as a brand Others:
Merely descriptive words
Merely decorative features
Geographical terms Disparaging words, names
Government flags, coats of Arms
only describe an aspect of the product/ service
How to Obtain a
Trademark in Indonesia
According to Law No. 20 of 2016 “New Trademark and Geographical Indication Law”

1. 2. 3. 4.
Registration of the Examination by the DJKI Publication of the Registration and
trademarks in Bahasa with a maximum of 15 application issuance of certificate
Indonesia to the ministry days
 Trademark Infringement
Trademark infringement occurs when someone uses a trademark in a way
that may cause confusion, deception, or mistake about the source of
goods or services.

Trademark owners have the right to enforce their exclusive rights through legal
action.
As a preliminary step, trademark owners often send cease and desist letters to
alleged infringers, requesting them to cease the infringing activities.
Individuals found guilty of willful trademark infringement may face fines and
imprisonment.
According to Law No. 20 of 2016, the fine ranged from Rp200.000.000,- to
Rp5.000.000.000,- with a maximum of 10 years imprisonment.
Copyright
refers to the rights in copying the work (arts) of an
owner, which sometimes may give economic
rights (Magalla , 2015).

Items protected under copyright law (Original works)

Authorship Artistic Works

literary poetry
dramatic novels
musical movies
songs
computer software
architecture
Things that Excluded from
Copyright Protection
Previously
registered works
Facts

Non-fixed works e.g. calendars, height and weight

charts, tape measures and rulers,
e.g. choreographic works that have Excluded etc
not been notated or recorded,
improvisational speeches or from Copy
performances that have not been
Right Familiar symbols
written or recorded
or designs
e.g. a “Stop” sign, simple
Ideas geometrical shapes; and mere
variations of typographic
e.g. procedure, process, system, ornamentation, lettering or coloring
method of operation, concept,
principle, or discovery
How to Obtain Copyright
Protection in Indonesia
According to Law Number 28 of 2014 “Copyright Law”

1. 2. 3. 4.
Registration of the Recording of the Attaching the statement Make payment to any
works and products product of ownership of works required fee
Directorate General of
Intellectual Property’s
website
Deliver a Access the
Sending a After receiving a verification email, the
Request of “Copyright
recording of applicant will obtain a username and a
Registration Registration”
copyright password to access E-Copyright
Letter column

The applicant’s data will be verified by the Approval Staff Pay for the Filling all of
of the Directorate General of Intellectual Property of the application the required
Ministry of Law and Human Rights fee data
Copyright Infringement
Occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed,
or made into a derivative work 𝙬𝙞𝙩𝙝𝙤𝙪𝙩 𝙩𝙝𝙚 𝙥𝙚𝙧𝙢𝙞𝙨𝙨𝙞𝙤𝙣 of the copyright owner.

1. 2. 3. 4.
Copyright laws are Copyright holder have File criminal charges Prison sentences and
broken legal authority against infringers fines ranging from 500
mil - 2 bil rupiah
Legal Remedies against
Copyright Infringement

Claim for compensation Claim for injunction

Against the infringers To the commercial court
Injuction from
commercial court
Prevent entry WIthdraw distribution Secure evidence Cease the infringement

Any goods suspected to

Confiscate goods that are
be the result of an Prevent the
suspected the result of Stop further loss and
copyright infringement or dissapearance of
copyright infringement or damage
neighboring rights into the evidence by the infringers
neighboring rights
commercial trade routes
 References
Magalla , A. B. (2015). The true meaning of copyright. ResearchGate.
https://www.researchgate.net/publication/283015654_THE_TRUE_MEANING_OF_COPYRIGHT

Official Gazette of the Republic of Croatia. (2023). TRADEMARK LAW Part One BASIC PROVISIONS.
https://www.wto.org/english/thewto_e/acc_e/hrv_e/WTACCHRV57_LEG_11.pdf

Nurhayati, Y., Ifrani, I., Barkatullah, A. H., & Said, M. Y. (2019). The issue of copyright infringement in 4.0 Industrial
Revolution: Indonesian case. Jurnal Media Hukum, 26(2). https://doi.org/10.18196/jmh.20190128

Rachman, A. F., Prandhita, A. A. D. P., Soeharto, D. K., & Wibowo, N. (2019, July 31). Copyright infringement and
remedies in Indonesia. Lexology. https://www.lexology.com/library/detail.aspx?g=fb9ee143-bd4d-48d7-b178-
ac1ed5c865ee

UU No. 20 Tahun 2016. Database Peraturan | JDIH BPK. (n.d.). https://peraturan.bpk.go.id/Details/37595/uu-no-20-

tahun-2016

Kline, D., & Kappos, D. (n.d.). 4.4 the four types of trademarks - introduction to intellectual property. OpenStax.
https://openstax.org/books/introduction-intellectual-property/pages/4-4-the-four-types-of-trademarks
Thank you!