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A.

Case Summary

Buddha Bar is one example of an International trademarks protected by the French


Convention. Buddha Bar is a trademark of France, it was first found in Paris in the year
1996.1 Raymond Visan) Buddha Bar Operating as a restaurant franchise trademark
registered in France on July 26, 1999.2) With the development of the age and legal
protection then there is called with the license used to expand its business and current
business not only in domestic but also overseas. 12 Years ago, the Buddha Bar which has
a unique interior of this already exist in many major world cities like London, New York,
Dubai, Sao Paolo, Kiev, Cairo, Beirut and Jakarta.3) Buddha Bar is defined as
"Enlightenment Bar" or "Bar Enlightening '.4)

1. Chronology of filing a business license and use of the brand.

Yosnita Ariyanti Renny (Renny Sutiyoso) has a desire to establish after visiting
Buddha Bar in Paris and are interested to open a branch in Jakarta. Renny then works
with Djan Faridz, owner of PT Nireta Vista Creative (NVC), to establish evening
entertainment business with the name of Buddha Bar in Jakarta. Djan Faridz is a
trademark license holder of Buddha Bar in Indonesia under a trademark license
agreement (trademark licensed trade agreement), signed on June 5, 2006. The name
Buddha Bar was first registered on July 18, 2007 with number IDM000189681
January 16, 2009 in class 43 for types of restaurant service with the protection of the
law which took effect on July 18, 2007, was first used at the restaurant with the
address / location in Jalan Teuku Umar No.1 Jakarta Pusat.5) PT NVC filed a license
application to the Culture and Tourism Office of Jakarta on January 29, 2008 and was
granted 10 months later the tourism sector in the form of a license with the name of
Buddha Bar restaurant, which means the pole or trestle.6). Buddha Bar in Jakarta
launched on November 28, 2008.7)

Representatives of Indonesian Buddhists (WALUBI) as a large organization among


Buddhists in Indonesia reject it. The rejection of the existence of Buddha Bar
affirmed the Central Board (DPP) WALUBI, who suspects that the use of Buddha's
name and symbols and ornaments used for business Buddhist is contrary to the
teachings of the Buddha himself, which sells liquor. Walubi rejection stated in the
letter DPP WALUBI No. 055/SRI/DPP-WALUBI/X/2008 November 11, 2008.
However, a day after a letter published WALUBI, Jakarta Tourism Office would
issue a permanent license No. tourism business. 3736/2008 dated 12 November 2008,
to a restaurant Buddha Bar. In fact, the rules on the administration of the restaurant
business has its own appropriate signs Pergub Corporation. No. 20 of 2006. In the
regulation issued by the Governor was decided, each operation of the restaurant
business must prevent the adverse social impacts. In fact, the establishment of
Buddha Bar caused a furor in the community. Not only from the Buddha, concerns
have also emerged from the late Gus Dur, Din Syamsuddin, Komaruddin Hidayat,
Franz Magnis-Suseno, Prof. Jimly Asshiddiqie, Adnan Buyung Nasution.8)

2. Chronology of the use of the building, Jl. Teuku Umar No. 1, Menteng, Central Jakarta
Provincial Government (Provincial) DKI felt responsible for the ex Jakarta Immigration
Office building that has sustained damage and lost many of its ornaments due to theft.
Therefore, in 2002, with the aim of saving heritage citizens of Jakarta, Jakarta
Government bought the building from a private company worth USD 28 billion. In 2003,
the Jakarta government through the Department of Tourism and Museum conservation
planed for the building to look like the original and searched for frames and ornaments to
the Netherlands. After that, during the years 2004-2006, conducted building conservation
by incorporating the existing frames and ornaments. Overall spending budget of Rp 5.1
billion taken from APBD DKI gradually from 2003-2006. Late in 2006, he continued, the
conservation was completed and reported to the Governor of Jakarta who, at that time,
was Sutiyoso. Then in early 2007 the utilization of the building was decided through a
contest. There are 4 partners Jakarta government following the contest, PT Tugu Hotels
Group, PT Supra Boga Lestari, Ted Sulisto Associatte, and PT Nireta Vista Creative.

PT Nireta Vista Creative (NVC), is owned Faridz Djan, the highest ranked and judged to
be a winner. This was notified to the deputy governor (then held Fauzi Bowo) and
disposition to the Head of Tourism and Museum Jakarta (then held Aurora Tambunan).
As a follow-up, on July 29, 2007, Aurora sent a letter to the Secretary of Province of
DKI, Ritola Tasmaya, to use the former immigration building. It contained, among
others, Deputy Governor agreed to be a cultural gallery and restaurant as a supporter, PT
NVC get the highest ratings from the competition and allows to manage the former
Immigration office building. Finally, the Jakarta government agreed PT NVC manage
these historic buildings with rental system for five years. Companies must pay USD
867.5 million per year for five years. Expiry of the lease in 2012. And can be reviewed
again for extension of the lease.9) (Kardim Sukardi Dedi, "Buddha Bar Already Under
Licensing Rules", March 24, 2009 source:
http://www.beritajakarta.com/2008/id/berita_detail.asp?nNewsId=33002

accessed December 4, 2010). In terms of the lease contract PT NVC is responsible for
managing and maintaining the building for five years. For the conservation section in the
back of the building and liberation, PT NVC has issued Rp 100 billion. This is due to the
owner of this business is very loving and beautiful historic buildings. To park just spent $
1 miliar.10) (Asdur Hasan Rani, "Buddha Bar Already Under Licensing Rules", March
24, 2009source:http://www.beritajakarta.com/2008/id/berita_detail.asp?nNewsId= 3002
accessed December 4, 2010). Status leases PT NVC only effective for five years and the
agreement was binding of PT Jakarta government NVC to meet its obligations to
maintain the building's cultural heritage in accordance with Regulation No. 9 of 1999 on
Conservation and Utilization of Cultural Environment that outgoing Governor Decree
No. 1300 of 2007 on Appropriation Gallery and Restaurant, signed by Sutiyoso.11) (Arie
Budhiman, "Buddha Bar Already Under Licensing Rules", March 24, 2009 source:
http://www.beritajakarta.com/2008/id/berita_detail.asp ? nNewsId = 33 002 accessed
December 4, 2010).

3. Chronology of the formation of Forum against the Buddha Bar (FABB)

Once launched, although it still leaves the objection of WALUBI, Buddha Bar operating.
Buddhists do not give up, they continue to voice their objections and continued to build
support. To accommodate these aspirations, Forum against the Buddha Bar (FABB), was
formed in Jakarta on 22 February 2009. FABB is a forum for inter-Buddhist
organizations and individuals formed to articulate the aspirations of the Buddhists in
Indonesia who objected to the use of the word Buddha and Buddhist symbols in the
Buddha Bar.12)

Organization incorporated in the FABB which chaired by Kevin Wu (SIDDHI), among


others:

• SAGIN (SANGHA AGUNG INDONESIA)


• STI ( SANGHA THERAVADA INDONESIA)
• SMI (SANGHA MAHAYANA INDONESIA)
• WALUBI (PERWAKILAN UMAT BUDDHA INDONESIA)
• MBI (MAJELIS BUDDHAYANA INDONESIA)
• MAGABUDHI (MAJELIS AGAMA BUDDHA THERAVADA INDONESIA)
• MAJABUMI (MAJELIS AGAMA BUDDHA MAHAYANA INDONESIA)
• MAJELIS AGAMA BUDDHA TRIDHARMA
• HIKMABUDHI (HIMPUNAN MAHASISWA BUDDHIS INDONESIA)
• SIDDHI (SARJANA DAN PROFESIONAL BUDDHIS INDONESIA)
• SEKBER PMVBI
• ADOPTABI (ASOSIASI DOSEN PERGURUAN TINGGI AGAMA BUDDHA
INDONESIA
• PERSATUAN BUDDHIS BANTEN
• KUSALA NITISENA
• VIHARA TANDA BHAKTI
• VIHARA EKAYANA GRAHA
(source: http://fabb.info/ accessed December 5, 2010). In his petition FABB states: 13)
("Petition Anti Buddha Bar", source: http://fabb.info/petisi anti-buddha -bar accessed
December 5, 2010) Buddha which is the name of religion which we believe, our highest
level of purity is also called the Buddha, the people we called the Buddha, our great
Master called the Buddha. Therefore, the use of Buddha's name for commercial activity
in this case the Buddha Bar which is located on Jl. Teuku Umar No. 1 Menteng, Central
Jakarta is hurting the hearts of Buddhists all over Indonesia. It is an insult and desecration
of Buddhism. The use of the name of religion in the commercial business is certainly
inappropriate and unacceptable by any religion, so we also believe that all religious
communities in Indonesia also supports our steps. Based on the above matter, hereby
FABB urges matters as follows:

1. Ask the Buddha Bar to no longer use the name of Buddha as the name of it
commercial activity. Use of the Buddha's name has been tarnished and is an insult
towards Buddhism, a violation of Article 156a of the Criminal Code on religious
desecration and PNPS No. I Year 1965, which has been converted into Law No. 1 Year
1965 on the prevention of abuse and / or desecration of religion. If the party does not
heed the Buddha Bar and meet our demand, then we will take legal action against the
Buddha Bar.

2. Ask the owner of Buddha Bar and Restaurant Bar to apologize to the Forum against

the Buddha Bar and all Buddhists in Indonesia over the use of Buddha's name to
businesses in the bar & restaurant on Jl. Teuku Umar No. 1 Jakarta Centre for this. The
apology must be contained in the print and / or electronic media so that it can be seen by
all Buddhists. For this, both media, content and scale excuse the ad must be approved by
the Forum against the Buddha Bar before it was published in the mass media.

3. Request DKI Jakarta Provincial Government to revoke the operating license Buddha
Bar, if such person does not immediately change its name. We also request the Provincial
Government of DKI Jakarta is no longer an operating permit issued to any business entity
which intends to use the name of religion as a commercial business.

4. Request IPR Director General not to accept the registration as a registered trademark
Buddha Bar in Indonesia. The petition was submitted to the Governor for further action.
In response to the vigorous protests submitted FABB, the DPRD DKI Jakarta to try to do
mediasi.14) ("Buddha Bar Restaurant Equipment Permitted Operations", March 18, 2009
source: http://www.beritajakarta.com/2008/id/berita_detail.asp ? nNewsId = 32 934
accessed December 5, 2010)

After going through tough negotiations, the Directorate General of the Ministry of
Religious Guidance Buddha (Buddha's Religious Affairs Directorate General Guidance)
to ensure Buddha Bar Restaurant in Jalan Teuku Umar No. 1, Menteng, Central Jakarta
still allowed to operate without any sealing. Director General of Religious Affairs
Guidance Buddhist Affairs, Budi Setiawan, said the restaurant Buddha Bar still be
allowed to operate. He asked the Buddhists are not easily provoked by a certain group
interests ahead of the election. Should Buddhists solve their own internal problems. He
also appealed to the Buddha Bar restaurant owners to recommend a change of name to
France. Party Buddha's Religious Affairs Directorate General Guidance also has appealed
to the Governor of Jakarta to review the permit remains Buddha Bar trading business by
letter on January 15, 2009.

Meanwhile, Chairman of the Board of Trustees of the Young Buddhist Indonesia


(Gemabudhi), Lieus Sungkharisma, stating that the refusal wing Theravada Buddhists
who objected to the presence of statues of Buddha at Buddha Bar Restaurant is
unreasonable. Buddha statue on display in the restaurant was a statue of Buddha is
celebrated Mahayana Buddhists wing. He considered understanding Buddhist youth who
march was very narrow and deplore the attitude of Buddhist youth who threatened to take
action which is greater if the Buddha Bar is closed. Responding to the results of these
negotiations, an official letter posted to the Minister of Justice and Human Rights by the
Executive Council No. Theravada Buddhism. 194/MT PP/KUSJ/III/2009 March 23, 2009
regarding Letter Mandat.15)

Meanwhile, in a hearing attended by the Head of Department of Tourism and Culture


Establishments Arie Budhiman, Director of NVC Asdur Rani Hasan, and Chairman of
the Board of Trustees Julius Gema Indonesian Buddhist, Commission B DPRD DKI, said
restaurant Buddha Bar does not infringe aturan.16) ("Licensing Buddha Bar Already
Under Rules ", March 24, 2009 source:
http://www.beritajakarta.com/2008/id/berita_detail.asp?nNewsId=33002n accessed
December 5, 2010).

On the other hand, the letter of the Central Governing Council of Theravada Buddhism
taken by the Directorate General of Intellectual Property in the Letter of the Director of
the Directorate General of Intellectual Property Brand (Herdwiyatmi, SH).
HKI.4.HI.06.06.45/2009 April 6, 2009 (Appendix 1) which basically explained that in
accordance with article 5 (a) Law no. 15 of 2001 on Marks determined that the brandcan
not be registered if the conflict with legislation in force, the morality of religion, morals,
or public order. Thus, if the use of the term or word Buddha considered to have violated
the religious morality and public order will not be registered as merek.17) The reason for
granting permission by the name of Buddha Bar Brand Director General of IPR is
because at the time of filing the trademark application for a permit, the Directorate
General of Intellectual Property in states less rigorous in article 5 which states do not use
symbols or the name of a particular religious belief or used in the brand. He stated if the
Buddha Bar brand because it has been registered with the IPR through administrative
checks and substance of which the Buddha Bar brand has never been used. Then use the
name of Buddha after the trace has been widely used in various countries. DG-party IPR
have also been announced on the website for three months but no response from the
community about the name of Buddha Bar. So it is assumed people do not mind the
name.18) DG IPR finally pulled back the certificate on April 6, 2009.19) With the
withdrawal of a certificate, FABB sued PT NVC (first defendant) as the owner of Buddha
Bar, the Governor of DKI (Second Defendant), Culture and Tourism Office Province of
DKI Jakarta (third defendant) for using names, symbols and ornaments of Buddha in their
efforts. Formal lawsuit filed by its coordinator, Kevin Wu who is registered with the
registration No. 09/PDT.G/2D10/PN.JKT.PST. The plaintiffs demanded that the court
declare the defendants committed acts against the law, sue the second defendant and third
defendant to stop operating the Buddha Bar. In addition, they also demanded the removal
ITUP No.3736/2008 of 12 November 2008 the defendant's I. The plaintiff also demanded
compensation to the defendants amounted to USD 500 million of material and immaterial
amount of Rp 500 million and asked for assurance confiscation of land and buildings
throughout the restaurant Buddha Bar concerning religion Budha.20)