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Disputes over what a business owns but cannot hold.

Trademarks, contracts, corporate rights — and the constitutional questions underneath them when the ordinary route stops working.

Core Practice

Intellectual Property

Indonesia is a first-to-file jurisdiction that does not recognise prior use abroad. A mark built over decades elsewhere can be held here by whoever filed first. We act on both sides of that problem — securing portfolios and unwinding registrations that should never have issued.

  • Trademark prosecution, opposition and appeal before the DGIP
  • Cancellation on grounds of bad faith — Article 76 with Article 21(3)
  • Deletion for non-use — Article 74, post Decision 144
  • Well-known mark protection and evidence building
  • Patent, industrial design and copyright disputes
  • Trade secret protection for manufacturing supply chains
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Core Practice

Trademark Litigation

Indonesian trademark cases are decided on evidence, and the Commercial Court applies its procedural rules strictly — a defect in a filed claim cannot be cured. Published decisions show more claims failing on procedure than on the merits. We settle the route and the evidentiary position before anything is filed.

  • Commercial Court proceedings, Central Jakarta and regional
  • Choosing between deletion and cancellation at the outset
  • Market survey design, and challenge to an opponent’s survey
  • Evidence of genuine use: invoices, tax records, marketplace histories, product approvals
  • Token-use defences and how to pre-empt them
  • Cassation and civil review before the Supreme Court
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Commercial Litigation

  • Contract and distribution disputes
  • Shareholder and joint-venture conflicts
  • Enforcement and asset recovery
  • Court-annexed mediation
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Corporate & Commercial

  • IP clauses in distribution and supply agreements
  • Licensing and technology transfer
  • IP due diligence in acquisitions
  • Cross-border document validity
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Constitutional Law

  • Judicial review before the Constitutional Court
  • Statutory interpretation opinions
  • Regulatory challenge strategy
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Trade & Digital Commerce

  • Marketplace takedown and counterfeits
  • Cross-border seller brand protection
  • Platform liability and enforcement limits
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Mediation

  • Mediation conducted by a certified mediator of the firm
  • Commercial and IP settlement
  • Pre-litigation resolution
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Research & Training

  • PKPA materials on IP procedural law
  • In-house counsel briefings
  • Academic and journal publication
About the firm

Before You Instruct

Three questions worth settling first

These are the questions we ask at the start of every trademark matter. Having answers ready shortens the engagement and sharpens the advice.

  1. What is the wrong you are complaining of? That the registrant filed in bad faith, or that it has not used the mark? They are different claims with different clocks, and the answer determines everything that follows.
  2. What can you prove today, without further investigation? Indonesian courts decide on evidence. A strong story with thin documents is a weak case, and it is better to learn that before filing than after.
  3. What is the commercial outcome you actually need? A cancelled registration, a coexistence agreement, an assignment, or simply the ability to launch. The cheapest route to that outcome is not always litigation.

Discuss a matter

Enquiries from brand owners, in-house counsel and overseas firms seeking Indonesian co-counsel are handled directly by a partner of the firm.

Request a consultation Our Constitutional Court matter

ask@lexaeternalawfirm.com  ·  WhatsApp +62 882-9613-7090
Jl. Danau Sunter Utara No. 7A, Sunter Agung, Jakarta Utara 14350  ·  Mon–Fri 09.00–17.00 WIB

Sending an enquiry does not create a lawyer-client relationship. Please do not send confidential case details until an engagement is in place.