The Indonesian government has implemented mandatory halal certification to protect its predominantly Muslim population. To ensure halal standards, the government has issued several key regulations, including Law No. 33 of 2014 concerning Halal Product Assurance, Government Regulation No. 42 of 2024 concerning Implementation of Halal Product Assurance, and specifically for imported products, Decision of the Head of Halal Product Assurance Agency (BPJPH) No. 90 of 2023 concerning Procedures of Implementing Foreign Halal Certificate Registration. Compliance Deadlines The government has established statutory deadlines for products and services to obtain halal certification under Government Regulation No. 39 of 2021 concerning Implementation of Halal Product Assurance. The deadline for imported food, beverages, and slaughtering products and services to comply with halal certification was extended to October 17, 2026 (from October 17, 2024, originally) with the issuance of Government Regulation No. 42 of 2024. Other product categories have varying deadlines: October 17, 2026: Natural drugs, quasi-drugs, health supplements, cosmetics, chemical products, genetically engineered products, clothing and accessories, household supplies, prayer equipment, stationery, and class A medical devices October 17, 2029: Over-the-counter drugs and class B medical devices October 17, 2034: Prescription drugs (excluding psychotropics) and class C medical devices SHLN Registration for Imports To simplify the halal certification process for imported products, BPJPH offers a foreign halal certificate registration (Registrasi Sertifikat Halal Luar Negeri, or SHLN registration) pathway. This allows eligible imported products to obtain halal certification without filing the standard national halal certification procedure. Under the Halal Law, imported products are not required to apply for national halal certification if their halal certificate is issued by a foreign halal institution that has entered into a mutual recognition agreement (MRA) with BPJPH. Currently, 89 foreign halal institutions from countries (including the United States, South Korea, Thailand, and the United Kingdom) have entered into

As in many other countries, registered trademarks in Indonesia that are not used for a given period of time can be canceled. A recent decision (Decision No. 144/PUU-XXI/2023) from the country’s Constitutional Court has extended the non-use cancellation period from three years to five years, applicable from July 30, 2024. This ruling could have a major impact on trademark holders in the country. Background of the Case Article 74 of Indonesia’s Trademark Law of 2016 specifies that trademarks can be canceled if they go unused in the trade of goods or services for three consecutive years from the date of registration or last use. This provision is aligned with the Paris Convention and the TRIPs Agreement. On October 27, 2023, an Indonesian individual named Ricky Thio asked the Constitutional Court to examine the constitutionality of Article 74, arguing that it opened a pathway for third parties to eliminate trademarks owned by small and medium-sized enterprises (SMEs), and did not provide certainty to his registered trademark in terms of the period of protection. Additionally, he argued that the period of three consecutive years was burdensome for SMEs, and asked the court to void Article 74 and add force majeure circumstances—such as Covid-19—as an exemption to non-use cancellation. Mr. Thio submitted this request while he was defending his trademark registration from a non-use cancellation request filed by Zhejiang Dahua Technology Co., Ltd. In his defense to that cancellation request, Mr. Thio explained that the non-use of the trademark was due to the Covid-19 pandemic. The cancellation case followed a different judicial pathway, and was under appeal before the Supreme Court at the time Mr. Thio filed his request for judicial review with the Constitutional Court. Mr. Thio’s case also attracted the submission of an amicus brief—a relatively new trend in Indonesia—from

Intellectual property experts from Tilleke & Gibbins were engaged by ARISE+ IPR, a regional support program funded by the European Union and implemented by the European Intellectual Property Office, to craft a series of IP enforcement guides for Southeast Asian countries, aimed at raising local awareness of the importance of IP protection. The five-year, EUR 5.5 million ARISE+ IPR program supports regional integration through IP cooperation and aims to upgrade national IP systems for creation, protection, utilization, administration, and enforcement to be in line with international best practices and standards and the strategic objectives of the ASEAN Intellectual Property Rights Action Plan 2016-2025. The guides were developed by Tilleke & Gibbins’ lawyers in cooperation with the IP offices of each participating country, and cover issues related to trademarks, industrial designs, and geographical indications. Each guide was produced in a compact leaflet form in English as well as the local language, and is considered an official publication of the respective national IP office. The guides can be accessed from the ARISE+ IPR site (under “Leaflets, brochures and booklets”), or by clicking on the links below: Cambodia: English | Khmer Indonesia: English | Bahasa Indonesia Thailand: English | Thai Vietnam: English | Vietnamese