Januar Jahja & Partners, a boutique intellectual property firm based in Jakarta, Indonesia with over 25 years experience in handling all aspects of IP law, was ranked by Asia IP for its “Patent Contentious”
In its Special Report on the development of intellectual property rights in Indonesia, Asia IP extensively quoted JJP lawyers Januar Jahja, Walter Simandjuntak and Prudence Jahja on a wide variety of IP-related topics. Mr. Jahja, the Firm’s Managing Partner with over 37 years experience practicing IP law in Indonesia, was quoted on the potential for the newly created IP Arbitration Board to establish itself as a viable alternative to IP-related litigation brought in the civil courts of Indonesia. As quoted by Asia IP, Mr. Jahja called the IP Arbitration Board “a novel idea” with the potential to “provide a competent and cost-efficient way to resolve various issues related to IP protection in Indonesia.” However, he cautioned that the limited scope of the Arbitration Board and the lack of an arbitration culture in Indonesia posed real hurdles to the efficacy of the Board. Mr. Jahja, whose practice focuses on trademark matters and IP-related litigation, was also quoted on the particularities of Indonesian trademark law, particularly where it sometimes diverges from the provisions of the Paris Convention, to which Indonesia is a member.
Mr. Simandjuntak, a former Director of Patents (1997-2001) and of Copyright and Industrial Design (2001-2005) at the Indonesian Intellectual Property Office who is now a partner at JJP, was quoted on the status of two revised versions of IP laws that would affect the every day practice of IP law in Indonesia. On the topic of the proposed new trademark bill, Mr. Simandjuntak was quoted as saying that it would focus on changes that would potentially alleviate some of the pressure on the Indonesian Trademark Office. Asia IP quoted him as saying that he did not expect the bill to be implemented soon due to the fact that it still “must pass through various Ministries and the House of Representatives before it can be enforced.” Mr. Simandjuntak was also quoted on the status of a revised copyright bill, but noted that it is so far from being enacted that it would be “premature”
Ms. Jahja, an associate at the Firm who received her LL.M. in IP from the Munich Intellectual Property Law Center (MIPLC), was quoted on the ever-important topic of trademark squatting in Indonesia. Ms. Jahja, whose practice focuses on trademark and patent matters, including related litigation, noted that such a problem is to be expected in a first-to-file system such as Indonesia’s and that “foreign brands who are not proactive in filing and protecting their marks in Indonesia can reasonably expect to find themselves initiating cancellation proceedings before the Jakarta Commercial Court.” Ms. Jahja was also quoted by Asia IP as saying that the Jakarta Commercial Court has improved considerably in recent years and has shown “a real intention to protect well-known marks,” which is an important development as the Court “plays a vital role in ensuring the integrity of Indonesia’s trademark system.”
About Januar Jahja & Partners
Januar Jahja & Partners (http://www.jahja.com) is a boutique intellectual property law firm based in Jakarta, Indonesia. The Firm has over 25 years experience handling all aspects of intellectual property law, including IP-related litigation, and provides legal services and counsel to well-known international businesses as well as leading Indonesian companies.
About Asia IP
Asia IP (http://www.asiaiplaw.com) is a specialist monthly magazine that provides in-depth and indispensable coverage of the key IP challenges that companies can face when investing and doing business in Asia, and the solutions that are available.