On 29 June 2026, the European Commission sent the Council its proposals to sign and conclude the EU–Indonesia Comprehensive Economic Partnership Agreement (CEPA) and a separate Investment Protection Agreement. For brand owners, the CEPA’s intellectual property chapter is the part to read: it gives direct protection to 221 EU and 72 Indonesian geographical indications and sets common rules on trade marks, designs, copyright, trade secrets and border enforcement. It matters to European and Latin American companies that produce in, source from or sell to South-East Asia.
Key takeaways
- The agreement is not yet in force: the Council must authorise signature, the European Parliament must consent and Indonesia must complete its own ratification.
- The published list of EU geographical indications includes 35 Spanish names, such as Rioja, Cava and Queso Manchego, and 25 Portuguese ones, such as Porto and Vinho Verde.
- Bad-faith trade mark applications will be liable to invalidation, and customs must accept applications covering multiple shipments.
- Indonesia already belongs to the Madrid System and the PCT, so trade mark and patent protection can be planned today without waiting for the CEPA.
What did the Commission send to the Council on 29 June 2026?
According to the Commission’s announcement of 29 June 2026, the two agreements will remove import duties on 98.5% of tariff lines, open investment in sectors such as electric vehicles, electronics and pharmaceuticals, and ensure “the respect and fair compensation” of IP rights, including the protection of 221 EU GIs. The next steps are Council approval of signature, the consent of the European Parliament and conclusion, while Indonesia runs its own internal procedures.
Negotiations, launched in July 2016, were finalised on 23 September 2025, when the Commission published the texts of the agreements “for information purposes only”. They may still change through legal revision and become final on signature.
Which geographical indications does the EU–Indonesia CEPA protect?
The Commission’s summary of key elements confirms direct protection for 221 EU and 72 Indonesian GIs (geographical indications: names that identify a product as originating in a place whose quality or reputation is linked to it). The Iberian names in Annex 12-C include wines (Rioja, Ribera del Duero, Jerez-Xérès-Sherry, Douro, Alentejo), spirits (Brandy de Jerez, Pacharán navarro), cheeses (Queso Manchego, Queijo S. Jorge), hams (Jamón de Teruel, Jabugo), olive oils and products such as Turrón de Alicante and Pêra Rocha do Oeste.
The IP chapter (Chapter 12) sets a high level of protection. Listed GIs are protected against misuse, imitation or evocation even if the true origin is indicated or the name is translated or accompanied by words such as “style”, “type” or “imitation”, and they cannot become generic (Article 12.33). New names can be added later by the Trade Committee after an opposition procedure (Article 12.32).
For trade mark owners, Article 12.35 is the key provision. A trade mark whose use would breach that protection must be refused if filed after the GI’s protection date, which for the initial list is the entry into force of the agreement. Earlier trade marks applied for, registered or established by use in good faith may continue to be used and renewed alongside the GI.
What else does the EU–Indonesia CEPA intellectual property chapter change?
| Area | CEPA provision | Practical effect |
|---|---|---|
| Bad faith | A trade mark applied for in bad faith is liable to be declared invalid (Art. 12.25) | A clearer route against squatters and former distributors |
| Well-known marks | Both parties apply the 1999 WIPO Joint Recommendation (Art. 12.22) | Recognised criteria to prove reputation |
| Non-use | Revocation after at least three years without genuine use (Art. 12.24) | Registrations must be used, or they can be challenged |
| Designs | Registered protection of at least ten years from filing (Art. 12.27) | A minimum term in both markets |
| Copyright | Life of the author plus 70 years (Art. 12.14) | Aligned terms for creative works |
| Border enforcement | Written applications to customs, an electronic system, applications for multiple shipments and ex officio action (Art. 12.59) | Customs can stop counterfeits on arrival |
| Exhaustion | Each party sets its own regime (Art. 12.4) | Parallel imports still depend on national law |
On treaties, each party must make the PCT and the Madrid Protocol available (Article 12.8). According to WIPO Lex, Indonesia joined the Madrid Protocol on 2 January 2018 and the PCT in 1997, but it does not appear among the contracting parties of the Hague Agreement for designs; the CEPA only asks for “all reasonable efforts” to accede to its Geneva Act.
What this means for your business
- File trade marks in Indonesia now, through a Madrid designation or nationally. The CEPA does not register marks for you.
- If you produce a listed GI product, check how your brand and labels coexist with the GI rules and whether your trade marks pre-date the protection date.
- If your brand evokes a European place name, review it before entry into force.
- Prepare customs applications so that you can use them once the border measures apply.
For corridor clients, we treat Indonesia as an extension of the Europe–Latin America–Africa strategy, through Madrid and coordinated local correspondents. Our multi-jurisdiction IP strategy team can map the routes.
When to bring in an adviser
- A distributor or manufacturer in Indonesia has filed your mark in its own name.
- Your products carry a name that may evoke a protected GI, such as a “Rioja-style” or “Manchego type” label.
- You rely on a Madrid registration whose basic mark is still within its five-year dependency period.
- You are planning a launch timed to the agreement’s entry into force.
Frequently asked questions
When will the EU–Indonesia CEPA enter into force?
There is no date yet. On 29 June 2026 the Commission asked the Council to approve signature and conclusion. The European Parliament must then give its consent and Indonesia must complete its own ratification. The GI protection and the IP chapter will only apply from entry into force.
Do I need to register my trade mark in Indonesia if the CEPA protects IP?
Yes. The CEPA sets standards each country must apply; it does not create trade mark rights. You still need a registration in Indonesia, which you can obtain by designating Indonesia in a Madrid international registration or by filing nationally through a local representative.
Can IP Global Guard protect our brand in Indonesia?
Yes, as an extension of a corridor strategy. We prepare and coordinate the Madrid designation, acting before WIPO and the EUIPO directly where our professionals are entitled and otherwise through qualified representatives, and coordinate local correspondents for searches, responses and customs, with a single point of contact.
How IP Global Guard can help you plan for Indonesia
IP Global Guard, the IP services line of META Channel Corporation Limited, manages trade marks, designs and brand strategy across more than 25 jurisdictions in Europe, Latin America and Africa, and extends that work to markets such as Indonesia for its clients through the Madrid System and local correspondents.
Tell us which marks you sell or source in South-East Asia and whether any product carries a European GI. We will check the Indonesian register and plan the filings before the agreement applies. Contact our team about Indonesia.
This article is general information, not legal advice, and reflects the position on the date of publication.
Sources
- European Commission (DG Trade), Commission presents Council with ambitious Indonesia agreements (29 June 2026)
- European Commission, Key elements of the EU–Indonesia agreements (23 September 2025)
- European Commission, Texts of the EU–Indonesia agreements (23 September 2025)
- EU–Indonesia CEPA, Chapter 12, Intellectual property (published text, 23 September 2025)
- EU–Indonesia CEPA, Annex 12-C, Geographical indications (published text, 23 September 2025)
- WIPO Lex, Indonesia member profile (treaty memberships)
- WIPO Lex, Hague Agreement contracting parties (database)
