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Intellectual property rights: A challenge for Indonesian trademark law

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Abstract

It is a need of international community to have a standard international law in the field of Intellectual Property Rights. It is therefore the contracting parties of TRIPs Agreement must comply with the provisions of TRIPs Agreement which create the way of the standard legal protection of Intellectual Property Rights among the member countries. The Madrid protocol offers a trademark owner the possibility to have his trademark protected in several countries by simply filing one application directly with his own national or regional trademark office. An international trademark so registered is equivalent to an application or a registration of the same trademark effected directly in each of the countries designated by the applicant. The protection provided by an international registration is the same as that of a national registration issued by a designated country. The centralized nature of the international filing system can provide considerable benefits in convenience and cost over the filing of separate national applications. So far the Indonesian Law No. 15 of 2001 on Trademark provides no provisions for international registration of a trademark. It means that the Law No. 15 of 2001 is of less interest for the trademark owners. It is therefore necessary for Indonesia to amend the Law No. 15 of 2001 in view of the content of the Madrid Protocol relating to international registration of trademark, so that the harmonization of Indonesian trademark law with the Madrid protocol will benefit not only the trademark owners but also the government of Indonesia.

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