From fake to facts: Taking action against trademark infringement in Indonesia

31 May 2025

Have you ever found products imitating your trademark being sold on the market without your permission? Or even worse, your trademark suddenly being registered by someone else? Unfortunately, such incidents still frequently occur in Indonesia. Our country has once again been placed on the Watch List in the 2025 Special 301 Report released by the United States Trade Representative (USTR), indicating that intellectual property enforcement, including that of trademarks, remains a concern for the international community.

However, that doesn’t mean there’s nothing you can do. Here are concrete solutions you can take if your trademark is being misused in Indonesia:

Ensure your trademark Is registered. The first and most crucial step is to ensure your trademark is officially registered with the Directorate General of Intellectual Property (DGIP). Without registration, legal protection for your trademark is extremely limited. If it hasn’t been registered yet, immediately file a trademark application. If it has, ensure you have the registration documents and certificate(s) in hand.

Gather evidence of infringement. If you discover your trademark is being used without authorization, collect as much evidence as possible:

Photos of counterfeit or fake products;

Links to online shops or marketplaces selling illegal products;

Proof of purchase (if available); and

Screenshots of ads or promotions using your trademark.

The more comprehensive your evidence, the stronger your legal position will be.

Use reporting mechanisms on marketplaces and social media. Many ecommerce platforms and social media in Indonesia now provide dedicated channels to report IP violations. If you find counterfeit products or infringing content, you can take the following actions:

Fill out the IP infringement report form (trademark);

Attach your trademark certificate and evidence of infringement; and

Request removal of the content or account.

These steps usually can be processed more quickly and do not require going to court.

Contact a registered IP consultant for taking further legal action(s). Dealing with trademark infringement can be a complex and time-consuming process. That’s why working with a licensed IP consultant is highly recommended. They can assist you with:

Developing the right legal protection strategy;

Supporting the filing of damages claims, infringement lawsuits or negotiations; and

Coordinating with relevant authorities, such as the DGIP or the police, when necessary.

About the author

Emirsyah Dinar

Emirsyah Dinar (Em) is the managing partner at AFFA Intellectual Property Rights Indonesia & East Timor and is a registered intellectual property consultant in Indonesia. He obtained his bachelor’s degree from Victoria University of Wellington (New Zealand) and later graduated from Gadjah Mada University (Indonesia). Dinar has assisted both national and international clients from various fields with their IP needs in Indonesia, East Timor and the Pacific islands. Dinar’s work covers a wide array of cases from luxury brands, entertainment, automotive and FMCG. His expertise lies in anti-counterfeiting procedures where he has assisted various global brands to protect their businesses in Indonesia.

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