indemnity
agreement is recommended to be entered into with founders/ individual controller of the Indonesian
Licensee .
This is because the courts are
still unwilling to consider use of an entity's own legally registered name as
trade mark infringement.
As long as a name is registered with the
Ministry of Law, either as a corporation or partnership, there is very little
that a brand owner can do and the avenue to sue the Ministry of Law for name
change has been difficult.
As such, it is recommended that the
individuals controlling the licensee separately undertake to its name.
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