LEGAL UPDATES BY BEPARTNERS
Trademark
Registration Mark for Electronic and Telematic Products as Part of After Sales Services
22 October 2020

After sales services has a very important role in sale and purchase of electronic and telematic products considering the rapid development of technology where producers must change the types of products according to the desires of the customers. In fulfilling the consumer’s rights, producers or sellers are fully responsible for the products obtained or purchased by the customers. One of the forms of responsibility in reassuring the customer is to provide compensation should the electronic or telematic product sold has factory defects or congenital defects resulting from the production process. With this in mind, the producers or sellers are to provide a warranty for the electronic products that is only valid for a certain period of time to the customers. In addition to the warranty, the manufacturer must also include instructions in regards to the use of the electronic products.

 

The provisions of the Instruction Manual and After Sales Services Warranty for Electronic and Telematic Products were previously regulated in the Ministry of Trade (“MoT”) Regulation No. 19/M/DAG/PER/5/2009 concerning Registration of Instruction Manuals and After Sales Services Warranties Card in Bahasa Indonesia for Telematic and Electronic Products ("MoT Regulation 19/2009"). However, in view of the need to increase effectiveness and consumer protection as well as to simplify licensing within the trade sector, the Indonesian government revoked the MoT Regulation No. 19/2009 and enacted MoT Regulation No. 38 of 2019 concerning Provisions on Instruction Manuals and After Sales Services Warranties for Electronic and Telematics Products (“MoT Regulation 38/2019”). Further to this, the Indonesian government amended the regulation through MoT Regulation No. 78 of 2019 concerning Amendments to the Ministry of Trade Regulation No. 38 of 2019 concerning Provisions on Instruction Manuals and After Sales Services Warranty for Electronic and Telematics Products ("MoT Regulation 78/2019").

 

This regulation aims to create a consumer protection system that contains elements of legal certainty and transparent information and access to information of the products. The provisions in the regulation also aims to raise awareness of business actors regarding the importance of consumer protection so that their attitudes are honest and responsible in doing business. Further, it is important for the business actors to increase the quality of goods to ensure the continuity of the business of producing goods, health, comfort, security and consumer safety.

 

Stipulated in MoT Regulation 38/2019, every producer or importer is required to equip each electronic product and telematic product with an instruction manual and after sales warranty card in the Indonesian language before trading them in domestic markets. The instruction manual is the information on ways to use the electronic and telematics products in the form of books and/or sheets. While the after-sales warranty card is a card stating guarantee on the availability of spare parts and facilities, and after sales services of electronic and telematic products. The instruction manual and after sales warranty card should contain the following information, such as:

 


In regards to the above, the instruction manual and warranty card must be affixed with a Registration Mark number. To obtain the Registration Mark, producers for domestic products and importers for imported products need to register the instruction manual and warranty card with the authorized officials of the MoT The procedures for registering instruction manual and after sales warranty card for electronic products and telematics products are as follows:

With the continuous onset of product development and increase in the demand for innovative products the launching of new products have been appearing at an ever-increasing pace. The complexity of the products has increased significantly to meet the increasing needs and expectations of consumers. Products degrade with age and/or usage and fail when they are unable to carry out their normal functions. Therefore, consumers need assurance that the product will perform satisfactorily over the useful life of the product and the business actors need to provide Registration Mark for the instruction manual and warranty card.

 

If there are any queries with regards to how this may affect your business, please contact us for further legal consultation.

 

This information does not, and is not intended to, constitute as legal advice; instead, all information, content, and materials are for general information only.

 

©2020. BE Partners. All Rights Reserved