Review on the Law No. 20 of 2016 Concerning Marks and Geographic Indication in relation with the Registered Tequila Brand from Mexico under World Intellectual Property Organization (WIPO)

By: AMO Lawyers

Contributors:

1. Drafted by Azizah Mutia Karim, S.H.

2. Reviewed by Noverizky Tri Putra, S.H., LL.M. (Adv)

The Republic of Indonesia has currently enacted the Law of 20/2016 Concerning Marks and Geographic Indication (“Law 20/2016”), that supersedes the previous Law of 15/2001 Concerning Marks. As a Member State of World Trade Organization (“WTO”) and World Intellecutal Property Organization (“WIPO”)[1], the Government of Indonesia believed that the role of Marks and Geographic Indication is very essential to achieved a professional business competition.[2] According to Preamble point C of Law 20/2016, it is stated that the previous Law of 15/2001 are deemed as inadequate and could not accomodate society’s needs in the Trademark and Geographical Indications sector, and it’s not sufficent to ensure the protection of local and national economy, and therefore it needs to be replaced.

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