Statement by the Delegation of the Republic of Indonesia at the 39th Session of the SCT

April 27, 2018 Intellectual Property

Mr. Chair,
My delegation would like to congratulate you for your re-election, allow us to express our confidence in your ability and skills for another productive session of the SCT. We would also like to convey our appreciation to the WIPO Secretariat for the preparation of this meeting.
Mr. Chair,
Indonesia attaches great significance to intellectual property as an important catalyst to socio-economic and technological development. In today’s globalized economic environment, adding value is critical, that includes the design, the reputation, and the brand of a product.  The work of this committee is important in maintaining the equilibrium between innovation, competition, and overall economic development.
Mr. Chair,
Regarding the Design Law Treaty, the proposed treaty should address the important issue of capacity building within the Intellectual Property Regimes of the Developing Countries and LDCs. We believe that if this committee have a mutual understanding on the importance of technical assistance and capacity building; it is not easy for us to see any reason not to have such provision in the proposed Design Law Treaty.We hope to see a decision on this matter through consensus and to the satisfaction of all Member States.
Regarding the principle of disclosure of source that has an impact on the appearance of an industrial design. We believe that Member States should have the flexibility to include as part of the design eligibility criteria, components that are deemed important to complete the formalities for protection of industrial designs within their jurisdiction.
Indonesia is aware of the decision taken at 2017 WIPO GA, that Member States will continue to consider in the 2018 GA, the convening of a diplomatic conference for the adoption of a design law treaty.
However, we believe that agreement on pending issues needs to be explored as soon as feasible. A gap will remain a gap if we are not willing to allow some time and efforts to discuss and try to bridge the gap toward a mutually acceptable solution.  Indonesia stands ready to engage constructively towards complete resolution of the outstanding issues, especially bridging of position gaps pertaining to Article 3(1)(a)(ix) and Article 22 of the draft treaty.
This delegation believes Mr. Chair, that it is possible to find a solution on this matter at the earliest opportunity feasible.
Mr. Chair
With regard to Geographical Indications, we would like to also express our strong interests to see progress on the issue of Geographical Indications based on the agreed work programme. Indonesia strongly believes in the fact that behind products names, often lies centuries of respected culinary practices, agrarian and artisan traditions, and local expertise. Geographical indications is one of the ways to protect these practices, while at the same time boosting economic development, contributing to job creation, as well as improving the social strength of communities.
Indonesia hopes that this session will be able to agree on the questionnaire, referring to the agreed SCT workplan on Geographical Indications.
We thank the secretariat for the preparation of document SCT/39/7 on the survey existing state of play of geographical indications, country names, and other geographical terms in DNS.
Mr. Chair
Indonesia looks forward to the successful convening of the Information Session on Country Names. We believe the information sessions will further enhance common understanding. My delegation will contribute and participate actively in the information session.
There is a need for international action to prevent the undue registration or use of country names as trademarks. Indonesia supports the proposal by the delegation of Jamaica for the development and future adoption of a Joint Recommendation by the SCT. We have seen ample examples, on the use of country names as word marks, which demonstrates the fact that country names seem not to be offered sufficient protection in practice.
My delegation welcomes the proposal by the delegation of Peru concerning nations brands and the proposal by the Delegations of Georgia, Iceland, Indonesia, Italy, Jamaica, Liechtenstein, Malaysia, Monaco, Peru, Senegal, Switzerland, and United Arab Emirates concerning the protection of country names and geographical names of national significance and look forward to engaging constructively in the discussion on these proposals.
Mr. Chair
In concluding, allow us to once again reiterate our commitment  for constructive discussion and productive result(s) in the deliberations (during)  this Session of the SCT.
With these words, I thank you once again.

Geneva, 27 April 2018