When Foreign Brands Are Defeated By Local Brands

Yanuarius Viodeogo

JAKARTA — The scramble of foreign brands in the realm of trade to the green table is common. However, not necessarily foreign brands can cancel the brand of local entrepreneurs who have similar names and paintings.

Based on the Case Tracking Information System (SIPP) PN Central Jakarta, as many as 17 foreign companies sued domestic entrepreneurs from January to mid-July 2018, with a total of 34 cases.

The foreign brands wanted the court to order the Directorate General of Intellectual Property (DJKI) to cancel the brand of local businessmen who have similar names and paintings.

However, it is not uncommon for foreign brand owners—even familiar ones—not to continue their case at the trial stage in court.

One of the brand grabs that local entrepreneurs won was hugo boss trade mark management &co.

Lazuardi couldn't hide his delight. Lazuardi is the lawyer of local businessmen Anthony Tan, Eric Steven Tan, and Patty Legana who are being sued by Hugo Boss Trade Mark Management &Co.

"From the beginning I was [gugatan ditolak] convinced, that the brand said Hugo was not the exclusive property of the plaintiff [Hugo Boss] alone. It's a generic brand in accordance with article 22 of Law No. 20/2016 on Brands. Everyone has the right to apply for a brand by adding another word," Lazuardi said.

For a brand dispute over Hugo's name, the Panel of Judges rejected the lawsuit with consideration because the plaintiff (Hugo Boss) filed a direct lawsuit against three different legal subjects and different legal objects.

In the Hugo brand dispute, Hugo Boss's company was a little lucky because the judge rejected the plaintiff's exception instead of the subject matter. Meanwhile, in another case that happened to Samhwa Paints Ind Co. Ltd., a.1 South Korean paint manufacturer, the panel of judges rejected the plaintiff's case against indonesian paint collector, PT Futanluc Chemitraco.

The Panel of Judges rejected the lawsuit from Samhwa Paints because the brand of Samhwa is not necessarily known by the People of Indonesia.

Another consideration, because Indonesia adheres to the principle of first to file or registration of a brand is given to the first party or first submit a request for brand registration.

For other matters, Starbucks Corporations chose to make peace with the owner of the Lampung Coffee Expert (AKL) brand Abdillah Muhammad.

In fact, the global coffee shop chain from the United States had asked the Directorate of Brands and Geographical Indications to cancel their AKL in April 2017.

The coffee company, based in Washinton City, requested the cancellation of the AKL brand numbered agenda D002015027858 for the class of 30 that includes coffee-based beverages because according to Starbucks there are principal similarities with well-known brands in concentric circles and green colors on AKL's that are judged similar to the Starbucks logo.

FUNDAMENTALS
Director of Brand and Geo-graphic Indication Faturahman said, there are a number of fundamental things that are unknown to foreign brand owners when filing a lawsuit for brand cancellation in PN.

Attorneys, should check in advance that the brand to be sued, has been registered or not in the Director General of KI.

"HKI consultation exists and should lawyers and consultants know the principle of first to file in brand pendaf-taran in Indonesia."

In this case, lawyers can first check the brand that is considered the same to DJKI before suing because the owner who does not register the brand can not act legally prohibiting other products from selling similar products.

Meanwhile, according to Deputy Facilitation of Intellectual Property Rights and Regulation of the Creative Economy Agency Ari Juliano Gema, overseas brand lawyers have a chance of winning in his lawsuit as long as they can prove these three things.

First, in his evidentiary file, the lawyer was able to convince the judge that his client's brand was a well-known brand by showing brand certificates already registered in a number of countries.

Second, entrepreneurs from foreign brand owners in their evidence have incurred a huge investment cost to produce their products.

Lastly, a foreign brand-owning company can prove to have incurred a large cost in promoting its products in a number of countries.

Separately, Secretary General of the Indonesian Anti-Counterfeiting Society (MIAP) Justisiari Perdana Kusuma argued that local entrepreneurs should be active in finding out and being active that the brand is not similar to a foreign brand, if it does not want to be sued by foreign brand owners.

"Can see on social media, then next consult. Ask the djki brand inspector as a brand giver so as not to be sued," he said. (Indonesian Business)


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