The recognition and protection of well-known trade marks in Indonesia

Faced with a colonial jurisprudential inheritance, substantial economic and political pressures and an enterprising, commercial sector, Indonesia was always likely to face problems when seeking to provide relief in a narrow, technical area of law such as the protection of well-known foreign trade marks. The difficulties faced in protecting well-known marks required attention being paid not merely to substantive issues of law but also to local procedural issues.
This article demonstrates the sensitivity with which Indonesia has sought to strike a balance between the interests of internationally-established foreign traders and the needs of local industry, drawing particularly on that country’s increasingly accessible case law.