Trademark Coexistence Agreement: A Comparative Analysis between Indonesia and Singaporean Law
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Abstract
A rise in registration of trademarks on one hand provides protection of marks, and benefits the economy especially SMEs that plays a crucial role for Indonesia’s economy. However, on the other hand, such a rise may lead to higher forms of collisions between brands. Singapore has grown to become an IP hub in Asia and is regarded worldwide for its business-friendly nature. Although Indonesia and Singapore had ratified similar international conventions regarding intellectual property, Singapore had reached higher success than Indonesia ever had. The findings of this research constructed that Singapore has a very strict and specific form of protection towards trademarks, be it preventive or repressive forms of protection. Furthermore, Singapore had created forms of exception towards the application of marks that contain similarities. The main contrast between Singapore and Indonesia is Singapore’s regulation that addresses Trade Coexistence Agreements, and its regulations upon it. Singapore had managed to create a system in which similar marks are allowed to coexist, with the requirement that is highly rigid, and evaluated case-by-case. As Indonesia has larger amounts of registered trademarks than Singapore, this urges Indonesia further to regulate the legal gap of similar trademarks within the economy.
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