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The Importance of Brand Protection for Startups

As the economy in Indonesia continues to grow to this very day, the number of new startups in Indonesia are growing rapidly. Most of them are engaging in digital products or services business, even though some of them are engaging in conventional business. As the result, there are 5 unicorns  born in Indonesia in 2019. These startups are definitely creating and developing so many brands as the identity of their products. Nevertheless the growth of business must be followed by brand protection in order to protect the business as well.

However, there are still many startups do not register their trademark to DGIP in conducting the business. They might not be aware of the importance of brand protection. Or they are just realized when a trademark dispute is arised! The brands also shall be protected from potential infringement such as unauthorised use or brand counterfeiting.

Before launching a product to market, it is recommended to register a trademark for such goods or services to Directorate General of Intellectual Property Rights of Republic of Indonesia (DGIP). As of August 2019, Indonesia has enacted e-filling system to file a trademark application at DGIP which applies for local and foreign applicant. E-filling system helps anyone to file a trademark application online, which makes the system easier and simpler.

Once the trademark is registered, it is protected under Law No. 20 year 2016 on Trademark and Geographical Indications for 10 years as of the filling date.
The registration of trademark also protect the brands as one of the company asset, and to obtain legal clarity in operating the business. If the trademark is registered, the brand owner will have more leverage to enforce its rights against such infringement. The protection under the law would be main legal basis for law enforcement.

 Written by: Threeas Novayanti
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