The dispute between BYD and PT Worcas Nusantara Abadi over the “Denza” trademark, as outlined in our article published on 7 March 2025, has reached a critical point in the legal proceedings. BYD, a major electric vehicle manufacturer, has been using the “Denza” trademark for its EV brand. However, the trademark had already been registered in Indonesia by PT Worcas Nusantara Abadi under Class 12 for vehicles. In response, BYD filed a lawsuit on 3 January 2025 with the Central Jakarta District Court, asserting that it is the rightful owner of the Denza trademark and alleging bad faith in PT WNA’s registration. BYD requested the annulment of WNA’s registration and the removal of the mark from official records.
However, the court ruled against BYD. In Decision No. 1/Pdt.Sus-HKI/Merek/2025/PN.Niaga.Jkt.Pst, it was stated that PT WNA had already transferred the legal rights to the Denza trademark to another company, PT Raden Reza Adi, on 10 September 2024 (officially recorded on 11 September), prior to the lawsuit. Consequently, the court found that PT WNA was not the correct party to sue (“error in persona”) and declined to examine the substance of BYD’s claims, including alleged similarities between the trademarks. The court also ordered BYD to pay court fees amounting to IDR 1,070,000.00.
Key Takeaways
Transfer of Trademark Rights
Article 41 of Law No. 20 Year 2016 on Trademarks and Geographical Indications governs the transfer of rights to a registered trademark in Indonesia. It stipulates that trademark rights can be transferred through inheritance, testament, waqf, grant, agreement, or other methods permitted by law. Importantly, if the owner holds several similar or identical trademarks for related goods or services, all such marks must be transferred to the same recipient.
Recording the transfer is essential. Transfers must be registered with the Ministry of Law and Human Rights, supported by necessary documentation, and published in the Trademark Gazette. Unrecorded transfers have no legal effect on third parties.
The process is further detailed in Ministerial Regulation No. 67 of 2016, as amended by Regulation No. 12 of 2021. Required documents include the deed of grant or relevant legal instrument, the trademark certificate, and applicant identification. Applications may be submitted electronically or manually, and processing takes up to 15 days, with corrections allowed within three months. Once approved, the transfer is recorded within six months and published. Transfers may also occur during the application stage. Upon completion, all rights and obligations are passed to the new owner.
Error in Persona
“Error in persona” refers to a mistake in identifying the correct party in a lawsuit. In civil law, this can involve suing a party without legal standing or omitting a necessary party to the dispute. Legal scholar M. Yahya Harahap outlines several forms:
- Disqualification in Person – Where the plaintiff has no legal right to bring the claim.
- Incorrect Defendant – Suing someone who cannot legally be held responsible.
- Lack of Necessary Parties (Plurium Litis Consortium) – Failing to include all required parties to the dispute.
In BYD’s case, the second type applied. Since PT WNA had legally transferred the trademark before the lawsuit, it was no longer a relevant party and could not be held liable. The court dismissed the case on procedural grounds without examining the merits of BYD’s trademark ownership claim.
Conclusion
The dismissal of BYD’s lawsuit due to error in persona highlights key lessons for trademark owners in Indonesia. Identifying the correct legal party and ensuring all trademark transfers are properly recorded is essential. This case also underlines the importance of understanding Indonesia’s trademark transfer and litigation procedures.
For businesses and brand owners navigating trademark disputes or transactions, working with a trusted Indonesia IP Consultant or IP law firm in Indonesia can be crucial. Whether it’s Indonesia trademark registration, Indonesia patent search, or Indonesia trademark litigation, having the right legal partner ensures compliance and protection.
At Am Badar & Am Badar, our team of highly experienced professionals is ready to assist you. As a leading Patent Law Firm in Indonesia, we also offer services in Indonesia copyright law, litigation lawyer services in Jakarta Indonesia, and support for copyright infringement Indonesia matters.
For legal assistance, feel free to reach out to us at ambadar@ambadar.co.id. Let us help you secure and protect your intellectual property in Indonesia.
Written and Reviewed by Nabil Argya
