PULUNGAN, WISTON & PARTNERS’ (PWP) depth and breadth of Indonesian legal experience and knowledge gives us the insight necessary to understand each client’s problems, ask the questions the client has not thought to ask and formulate appropriate solutions. Our expertise and judgment as legal practitioners play a vital role in helping our clients minimize risk and achieve their business goals in a practical manner.
Utilizing a significant network of contacts in government departments and agencies, and our extensive computerized data base of Indonesian laws, opinions, work products and trademark entries, we are able to advise clients on likely government policy positions when laws and regulations do not provide clear guidance.
In order to provide effective and comprehensive services to our clients, we maintain close relationships with major law firms in other jurisdictions.
Our priority is to provide the highest caliber legal services possible given the time requirements of our clients. We fully understand that either an incomplete answer rendered quickly or a perfect answer provided late may be of little use to our clients. We recognize that quality is an objective that must be pursued relentlessly.
Scope of Practice
We represent our local and international clients in the following areas:
PWP represents diverse clients in a wide variety of matters involving the acquisition, maintenance, utilization, protection and enforcement of intellectual property rights arising under the Indonesian patent, copyright, trademark, trade secret, industrial design and integrated circuit layout laws and those of other countries. PWP, by virtue of its partners’ long-standing international presence, is uniquely positioned to serve efficiently and effectively the needs of its clients on both a domestic and world-wide basis in maintaining and protecting their intellectual property rights.
PWP’s intellectual property practice includes (i) audit aspects — the taking of an inventory of intellectual property rights of a business to catalogue the status of all rights and to identify any necessary action to be taken; (ii) administrative aspects — the securing of registrations for patent and its annuity maintenance, trademark, copyright and industrial design rights in Indonesia and other countries as well as providing watch services; (iii) franchising and licensing; (iv) enforcement aspects — the monitoring of trademark registers and markets for infringing activity; (v) litigation aspects — the prosecution and defense of infringement claims in Indonesian and foreign courts, as well as opposition and cancellation proceedings; and (vi) deal-making or transactional aspects — such as contract negotiations in the transfer and licensing of intellectual property, including trademark, copyright, industrial design and patent, merchandising and publishing rights.
Clients of PWP’s intellectual property practice range from high technology companies to media concerns to prominent international manufacturers and merchandisers of high-end apparel and accessories bearing world famous trademarks, names and designs. PWP thus has considerable experience in protecting and enforcing the rights of patent, trademark, copyright and industrial design holders in Indonesia and abroad.
Capabilities and Experience
- Represent client in infringement actions.
- Represent and advise such companies and individual performers, authors and artists in contract negotiation.
- Negotiate and draft agreements involving intellectual property.
- Handle assignment, mergers and acquisitions of intellectual property. • Intellectual property audits and due diligence.
- Negotiate and draft franchise and licensing agreements as well as register the agreement to the authority.
Areas of Emphasis
- Procurement of Indonesian and foreign patents.
- Patent portfolio analysis, strategy development and counselling. • Patentability searches, analysis and opinions.
- Patent infringement analysis and opinions.
- Patent validity analysis and opinions.
- Due diligence for mergers and acquisitions.
- Patent licensing, technology transfer and product development strategies. • Patent and complex technology litigation.
- Patent enforcement counselling and protection.
Trademark and Copyright
Areas of Emphasis
- Domestic and international trademark counselling and registration.
- Enforcement and defence of trademark rights worldwide.
- Copyright counselling, registration and protection.
- Internet domain name and Web site issues.
- Legal counselling regarding advertising and promotion.
- Rights of publicity and privacy.
- Counselling involving unfair competition, false advertisement and trade disparagement.
- Copyright counselling and strategies for software, internet sites and traditional media.
- Prosecuting and defending oppositions, cancellations and appeals before the Appeal Board.
Areas of Emphasis
- Domestic and international design counselling, registration and protection • Enforcement and defence of design rights worldwide
- Prosecuting and defending oppositions and cancellations
Lay-out Design of Integrated Circuits
Areas of Emphasis
- Counselling, registration and protection for Lay-out Design of Integrated Circuits • Prosecuting and defending cancellations
The Protection of Plant Variety
Areas of Emphasis
- Counselling, registration and protection for Plant Variety
- Prosecuting and defending oppositions, cancellations and appeals before the Appeal Board
Securities and Financial Law
PWP works closely with clients in the structuring and development of new transactions in the Indonesian financial market.
Representation includes counsel on banking and securities regulations, negotiation, drafting and structuring of credit agreements.
Corporate and Commercial Law
PWP offers a broad scope of corporate and commercial services for both established and new business.
PWP’s corporate work includes corporate restructuring, mergers and acquisitions, joint venture and international transactions.
The Employment Law Practice of PWP comprises lawyers who advise clients on local and transnational employment law matters.
The lawyers in our Employment Law Practice advise both corporate and individual clients on expatriate and local employee issues, including:
- employment contracts: negotiation, drafting, revising and termination • termination (wrongful and otherwise).
- executive compensation and termination.
- severance and other entitlements.
- collective labour agreement.
- employment litigation and administrative cases, including before local courts and labour boards.
- legal compliance audits.
- obtaining and renewing visas and work permits.
In all of these matters, to provide a swift smooth service, members of the Group work closely with agents and government offices.
Civil and Commercial Litigation
Reputation in this field is earned through successful activity in the major, complex cases. There are a number of leading legal firms with a strong presence in this field. We seek to win business, in this as in other areas of litigation practice, by offering a more commercial approach to each matter and by providing a more senior level service at the right price.
Business people need to know that if they are entering into a process of litigation, they have done so for the right reasons. Long term commercial implications need to be fully evaluated and every potential avenue must be explored. Frequently, matters must be handled with very great speed.
Our lawyers seek to play an integral role in your management team, supporting decisions with clear, unambiguous advice. Our breadth of experience allows us to be unequivocal – rather than simply presenting a range of possibilities and leaving the clients without a clear route forward.
Acting in major issues around the world, frequently managing strategy in an overseas jurisdiction, PWP seeks to provide one of the world’s most effective commercial litigation practices.
Foreign capital investments
Legal services to be rendered in relation to the establishment of a foreign investment company in Indonesia shall cover the following:
- Preparing, revising, reviewing and finalizing a joint venture agreement to be entered into
- Submitting an application to the Investment Coordinating Board (Badan Koordinasi Penanaman Modal or BKPM).
- Preparing, revising, reviewing and finalizing the draft of a deed of establishment incorporating the articles of the association of the PMA Company, both in the Indonesian and English languages.
- Registering the Establishment Deed in the Company Register.
- Preparing, revising, reviewing and finalizing any legal instruments as may be required by any founder (shareholder) of the PMA Company and/or by any Indonesian government authority in support of the submission of applications in order to obtain approvals.
ABU DHABI NATIONAL OIL COMPANY FOR DISTRIBUTION (ADNOC)
ACE HARDWARE INDONESIA, PT
ACCPAC INTERNATIONAL INC.
ADICIPTA BOGA INTIPRIMA, PT
ADP NORTH OF AMERICA INC.
AQUA SOLUTION INC.
ARNOTT’S INDONESIA, PT
ASTRA HONDA MOTOR, PT
ASTRA KOMPONEN INDONESIA, PT
ASTRA OTOPARTS, PT, TBK.
ASURANSI SINAR MAS
AUTOMATIC DATA PROCESSING
AVENTIS INDONESIA, PT
AYRTON SENNA PROMOCOES
BANK OCBC NISP, TBK, PT
BANGKOK CYCLE INDUSTRIAL CO.
BESTFOOD NUSANTARA, PT
BICC KWO KABEL GMBH
BINTANG TOEDJOE, PT
BIOENGINEERING COMPANY LTD.
CHINA MEDICAL CENTRE
CUSSONS INDONESIA, PT
DEPO TEKNIK, PT
DEWATA BEACH HOTEL BALI
EDWARD KELLER, PT
EL BAIK FOOD SYSTEMS CO SA
EXCELSO MULTIRASA, PT
ETIENNE AIGNER A.G.
FRESENIUS KABI DEUTSCHLAND GMBH GALVA CORPORATION, PT
GLOBAL DIGITAL NIAGA, PT
GRAND INDONESIA, PT
GUNAWAN ELECTRINDO, PT
HALLA CLIMATE CONTROL CORP.
HARTONO ISTANA ELEKTRONIK, PT
HONDA MOTOR CO. LTD.
HYUNDAI HEAVY INDUSTRIES
INDO INTERNET, PT
INNER MONGOLIA YILI INDUSTRIAL GROUP CO, LTD
INTI DRAGON SURYATAMA, PT
JOHN GALLIANO, SA
JOHN ROBERT POWER
KAPAL API, PT
KAWAN LAMA SEJAHTERA, PT
KAWASAKI JUKOGYO KABUSHIKI KAISHA KALBE FARMA, PT
KIRANA PACIFIK LUAS, PT
KOLMAR LABORATORIES INC.
KOREA TOBACCO & GINSENG CO.
KUMHO TIRE CO. LTD.
KWANG YANG MOTOR CO., LTD
LIMA PUTRA CONTRINDO, PT
MANAJEMEN QOLBU, PT
MARTINA BERTO, PT
MEASAT BROADCASTING NETWORK SYSTEM SDN BHD
MEDIFARMA LAB INC., PT
MILLIMAN USA INC.
MITSUBISHI MATERIALS CORPORATION
NEWLONG MACHINE WORK LTD.
OCEAN GLASS PUBLIC CO. LTD.
OCEAN SASAKI GLASS CO. LTD.
ORANG TUA GROUP
PETROLIAM NASIONAL BERHAD (PETRONAS) PERI- WERK ARTUR SCHWORER GMBH
PERMATA BANK, TBK
PLASTIPAK PACKAGING, INC.
POINTMAS CEMERLANG, PT
PRUDENTIAL LIFE INSURANCE, PT
RHONE POULENC SILICONES
SALIM TOYS COMPANY
SANBE FARMA, PT
SANDVIK INDONESIA, PT
SANGHIANG PERKASA, PT
SENSORMATIC INDONESIA, PT
STADA ARZNEIMITTEL AG
SUCOFINDO PRIMA INT’L, PT
TERAOKA SEIKO CO., LTD
TOYOTA ASTRA MOTOR, PT
TRESNO JOYO, PT
URSUS VODKA HOLDING N.V.
YUPI INDO JELLY GUM, PT
and many more..
Amris Pulungan, S.H.
Graduated from Faculty of Law, University of Tujuh Belas Agustus in 1995. Amris Pulungan has a license to practise before any courts within Indonesian Territory since 1997 with license No. A.97.10393 from the Indonesian Advocates Association. In addition to the above, he has been registered as an IP Consultant by Decree of Minister of Law and Human Rights of the Republic of Indonesia No. M.19-
HT.04.02/2006 dated June 30, 2006, and a Consultant of the Protection of Plant Variety by Decree of Minister of Agriculture of the Republic of Indonesia dated December 11, 2006 under Appointment No. 16/K.PVT/2006. His expertise includes intellectual property, civil and commercial litigation, business law and general legal matters.
Amris has experience in handling all intellectual property works and related issues as well as litigation. He has more than 18 years of experience in intellectual property, business law and civil and commercial litigation.
Previously worked for George Widjojo & Partners (formerly Oei Tat Hway Cs) as a Senior Lawyer for 14 years.
His other professional affiliations include membership in the International Trade Mark Association (INTA), Asian Patent Attorneys Association (APAA), Indonesian Intellectual Property Society (IIPS) and Indonesian Bar Association.
Neneng Sri Wiyanti, SE., SH., M.H.
Neneng Sri Wiyanti, SE., SH. has been officially admitted to practice before the Directorate General of Intellectual Property Rights of Indonesia.
As an Intellectual Property Consultant, she advises clients on a wide range of intellectual property issues. Her more than ten years of experience in intellectual property rights gave her a strong ground and network in this field. She speaks English and Indonesian fluently.
She is registered as a Certified IP Consultant based on Official Decree of Minister of Law & Human Rights of the Republic of Indonesia Number M.166.HT.04.02. She is a member of IPR Consultant Association (AKHKI).
She also holds a license from the Indonesian Advocates Association to practise before the court in Indonesia.
Rizky Dwi Amalia Pulungan, SH.
Graduated from Faculty of Law, Universitas Indonesia. Ms. Pulungan has been supporting our Trademark and Patent Department. She speaks English and Indonesian fluently.
Novita Sari Pulungan, SH.
Graduated from Faculty of Law, Universitas Indonesia, Jakarta. Ms. Pulungan has been supporting our Trademark and litigation Department. She speaks English and Indonesian fluently.
Ahmad Syarifuddin, SH.
Graduated from Faculty of Law, Universitas Islam As-syafi’iyah, Jakarta. Mr. Syarifuddin has been supporting our Trademark Department. He speaks English and Indonesian fluently.
Achmad Najmuddin, SH.
Graduated from Faculty of Law, Universitas Islam, Jakarta. Mr. Najmuddin has been supporting our Trademark Department. He speaks English and Indonesian fluently.
Diah Fajar Pertiwi, SP.
Graduated from Faculty of Agriculture, Universitas Borobudur, Jakarta. Ms. Pertiwi has been supporting our Trademark Department. She speaks English and Indonesian fluently.
Debby Rahmadani Fitri Pulungan, SS.
Graduated from Faculty of Language and Art, Universitas Negeri Medan, Medan. Ms. Pulungan has been supporting our Trademark Department. She speaks English and Indonesian fluently.
Akbar Nur Setyawan, BBA
Graduated from Swinburne University of Technology, Faculty of Business, majoring in Accounting. Mr. Setyawan has been supporting our overseas prosecution department. He speaks English and Indonesian fluently.
Lalan Prasetiya, SH. Graduated from Faculty of Law, Universitas Islam As-syafiiyah. Mr. Prasetiya has been supporting our overseas prosecution department. He speaks English and Indonesian fluently.
Rafi Irwansyah, SHum. Graduated from LIA Institute of Foreign Language, Jakarta. Mr. Irwansyah has been supporting our Patent Department. He speaks English, Indonesian and Spanish fluently.
Reynaldi Iswara Siregar, SH. Graduated from Faculty of Law, Universitas Islam As-syafiiyah. Mr. Siregar has been supporting our Patent Department. He speaks English and Indonesian fluently.
Graduated from Gunadarma University in 1994 majoring in Informatics Management. Mr. Kurnia has been assisting and mantaining our database. He speaks English and Indonesian fluently.
Hesty Putranti, S.E.
Graduated from the Faculty of Economy, University of Trisakti in 2000 majoring in Accounting. Ms. Putranti has been assisting our Accounting Department. She speaks English and Indonesian fluently.
Tri Nur Oktafiyanti
Graduated from Accounting Academy of YAI. Ms. Oktafiyanti has been assisting our Accounting Department. She speaks English and Indonesian fluently.
Toto Suprianto, S.S.
Graduated from the faculty of cultural science, University of Indonesia in 1996 majoring in French. Mr. Suprianto has been successfully prosecuting many patent, trademark, copyright and industrial design applications. He speaks French, English and Indonesian fluently. He is now handling the business development aspects of the firm and maintaining firm’s websites.