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Kantor Hukum Yustisia Laksana
Office in Surabaya, serves Lamongan, Indonesia

Founded in 2024
11 people in their team
Indonesian
English
Kantor Hukum “Yustisia Laksana Attorneys & Counsellors at Law" menangani berbagai perkara hukum secara umum (pidana, perdata, perseroan, bisnis, tata usaha negara, dan keluarga, dll.) melalui litigasi maupun non-litigasi. Kami memberikan pendekatan yang berbeda: mendengarkan tanpa menghakimi,...
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Where Lamongan IP disputes are handled and what enforcement involves

In Lamongan, disputes may involve copied product labels, confusingly similar business names, reproduced photographs or designs, or misuse of confidential manufacturing information. Local businesses may sell through shops, markets, distributors, and online platforms, so evidence can come from both physical sales and digital listings.

Civil intellectual-property claims are heard by a designated Commercial Court, rather than a separate IP court in Lamongan. For East Java matters, the Commercial Court at Surabaya District Court is generally the relevant venue, but the proper court depends on the claim and parties.

Enforcement can include a demand to stop the conduct, settlement discussions, a civil claim for remedies, or a report to law enforcement where the alleged conduct may be a criminal offence. The right strategy depends on the type of IP, who owns it, and the evidence available.

When a lawyer can help with an IP dispute in Lamongan

  • A Lamongan business finds another seller using a brand name or packaging that buyers could confuse with its registered trademark.
  • A batik maker, designer, photographer, or food producer finds its original work reproduced in local sales materials or online listings without permission.
  • A business receives a warning or lawsuit alleging that its product name, design, advertising, or other material infringes someone else’s rights.
  • A manufacturer or former business partner is suspected of using confidential recipes, supplier terms, production methods, or customer information.
  • A seller needs to preserve evidence of copied goods or online sales before listings change, stock is sold, or relevant records disappear.
  • A business wants to resolve a dispute with a distributor or online seller while limiting disruption to its Lamongan operations and sales.

Indonesian laws relevant to IP disputes

Law No. 20 of 2016 on Trademarks and Geographical Indications governs trademark registration, protection, and infringement claims. It was promulgated on 25 November 2016. Trademark rights generally depend on registration, so a business name or logo alone does not establish a registered trademark right.

Law No. 28 of 2014 on Copyright governs protection of works such as photographs, writing, music, and certain designs. It was promulgated on 16 October 2014. Copyright generally arises when a qualifying work is created; recording it with the government is not usually a condition of protection.

Law No. 30 of 2000 on Trade Secrets protects qualifying confidential business information that has economic value and is kept confidential. It was promulgated on 20 December 2000. Businesses should be able to show both the information’s confidential character and steps taken to protect it.

Frequently asked questions

Do I need a lawyer to respond to a suspected infringement?

A lawyer is not required for every initial discussion, but legal advice can help identify the right owner, applicable right, and remedy. Advice is particularly useful before sending a formal demand, making a police report, or responding to a court filing.

Can a Lamongan business file an IP case in Lamongan District Court?

Many civil IP infringement claims belong in a designated Commercial Court, not an ordinary district court. For East Java, the Commercial Court at Surabaya District Court is generally the relevant venue, but counsel should confirm jurisdiction for the specific claim.

Do I need to register my work before taking action?

Trademark rights generally require registration, while copyright protection generally arises when an eligible work is created. Trade-secret protection depends on the information meeting legal requirements and being kept confidential, not on registration.

What evidence should I preserve?

Keep dated photographs, product samples, receipts, invoices, packaging, correspondence, and records showing when the right was created or registered. For online material, preserve the page address, screenshots, dates, seller details, and transaction records; a lawyer can advise whether additional verification is needed.

Can I act against a seller using my brand online?

Potentially, if you can establish the relevant right and show conduct that infringes it. Preserve the listing and seller information, then consider a platform complaint, a legal demand, or court action with advice on the appropriate route.

Can a person or small business bring a claim?

Eligibility depends on the right and the claimant’s legal relationship to it. A trademark claim generally requires the registered owner or another person legally entitled to act, while copyright and trade-secret claims require evidence of ownership or other qualifying rights.

How long does an IP dispute take?

There is no single timeline for every dispute. A negotiated resolution may take weeks or longer, while court proceedings and any related enforcement steps can take several months or more depending on the case and appeals.

How much does an IP lawyer cost in Lamongan?

Fees vary with the lawyer, urgency, evidence, and whether the matter involves negotiation, court proceedings, or criminal enforcement. Ask for a written scope and fee proposal that separates professional fees from court charges, evidence expenses, and other disbursements.

Should I send a demand letter before going to court?

A demand letter may clarify the complaint and create an opportunity to resolve it without litigation. It is not suitable in every case, especially where urgent action or evidence preservation is important, so have counsel assess timing and wording.

Is a similar name automatically an infringement?

No. The answer depends on factors such as the registered mark, the goods or services, similarity, and the likelihood of consumer confusion. A lawyer can check the registration and compare the actual marketplace use before recommending action.

Can an IP dispute lead to criminal proceedings?

Some conduct covered by Indonesian IP laws may also be subject to criminal enforcement, but criminal liability is not automatic in every dispute. The applicable offence, evidence, and any complaint requirements should be assessed before making a report.

Official resources for IP matters

  • Directorate General of Intellectual Property (DJKI): The national authority for IP administration, including trademark and copyright services and access to official IP information.
  • Commercial Court at Surabaya District Court: The East Java court venue generally relevant to civil IP claims; confirm the proper venue for the particular case before filing.
  • Lamongan Resort Police (Polres Lamongan): A local police authority for reporting suspected criminal conduct. Whether an IP matter can proceed through criminal enforcement depends on the right and facts.

Steps to find and hire an IP dispute lawyer

  1. Identify the right and the immediate problem. In one or two days, gather registrations, design files, contracts, invoices, product samples, and any warning letters or court papers.
  2. Preserve evidence before contacting the other side. Save dated online listings, messages, sales records, and photographs as soon as possible; ask a lawyer whether formal evidence verification is appropriate.
  3. Check official IP records. Use DJKI information to verify relevant registrations or records, and note the owner, status, goods or services, and dates.
  4. Consult lawyers who handle Indonesian IP disputes. Within the next few days, ask about comparable matters, the proposed route, the likely court venue, and any urgent deadlines.
  5. Compare written fee proposals. Confirm what is included for advice, demand letters, negotiation, court work, and any police-report assistance, plus separate costs and payment stages.
  6. Agree on a strategy and scope in writing. Decide whether to seek a negotiated resolution, court remedies, or an enforcement report, and identify who will approve key decisions.
  7. Set a follow-up schedule. Ask for a written list of next actions, responsible persons, expected milestones, and updates; timelines depend on the evidence, response, and chosen process.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.