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Intellectual Property Protection in Indonesia

IP rights are territorial in nature and registrations in Hong Kong are not automatically enforceable in another jurisdiction like Indonesia. Hong Kong companies are advised to register their IP rights as soon as practical. Indonesia’s IP framework was ranked 30th out of 43 jurisdictions in the 5th Global IP Index Report (2016) by Taylor Wessing.

The Directorate General of Intellectual Property (DGIP) of the MOLHR oversees the IP framework in Indonesia. The key information on the main IP rights (Patents, Designs, Trademarks and Copyright) is provided in the table below.

Overview of IP Rights in Indonesia

Patents

Scope

A patentable invention can be a product or a process that gives a new technical solution to a problem, a new method of doing things, the composition of a new product, or a technical improvement on how certain objects work.

The laws and regulations surrounding patents were updated in 2016 and can be viewed on the website of DGIP (in Indonesian).

Duration

20 years from the filing date with annual fees required.

Registration and Fees

Application for a patent can be made directly to DGIP through the completion of a Patent Application Form (electronic applications can be filed). A schedule of fees is also available on the DGIP website.

Indonesia is a member of the following international conventions regulating patents: Paris Convention, Patent Cooperation Treaty, ASEAN Patent Examination Co-operation (ASPEC) and the Global Patent Prosecution Highway (GPPH). Time and resource could be saved by processing patent applications through these routes.

Trademark and Geographical Indication (GI)

Scope

A trademark protects signs, symbols, logos, words or sounds. A GI protects names or signs used on certain products which correspond to a specific location, where the quality or reputation of the goods is essentially attributable to its place of origin.

The laws and regulations on trademarks and GIs were updated in 2016 and can be found on the website of DGIP (in Indonesian).

Duration

Both GIs and trademarks are valid for 10 years from the initial filing date. Protection can be indefinite provided that the necessary renewal fees are paid after each 10-year period, and that the mark is being used correctly.

Registration and Fees

An application for a trademark can be made directly to DGIP through the completion of a Trademark Application Form or GI Application Form (electronic applications for trademarks can also be filed). A schedule of fees is also available on the DGIP website.

In October 2017, Indonesia became the 100th member of the Madrid Protocol, after carrying legislative reform of its trademarks regime. Effective from January 2018, international applications for trademarks can be processed through the Indonesian’s IP office.

Copyright

Scope

Copyright protects works such as novels, computer programmes, plays, sheet music and paintings. Generally, the author of a copyright work has the right to reproduce, publish, perform, communicate and adapt his work.

The laws and regulations surrounding copyright were updated in 2014 and can be viewed on the website of DGIP (in Indonesian).

Duration

The term for copyright protection varies depending on the nature of the work:

  • 70 years after author’s death – literary, music and artistic works
  • 50 years from first publication – computer programmes, cinematographic and photographic works, databases and adaptations
  • 50 years from date of performance or production – performing rights and recording rights
  • 20 years from date of first broadcast – broadcasting rights

Registration

Copyright is an automatic protection and there is no need to file for registration. However, DGIP allows voluntary registration and a Copyright Application Form can be completed (an electronic application can be filed as well). This is for a fee of a maximum of 500 IDR (about US$1) and a schedule of fees is also available on the DGIP website.

Industrial Design

Scope

Industrial design is a creation of the shape, configuration, or composition of lines or colours, or lines and colours, or a combination thereof in a three- or two-dimensional form that gives the impression of aesthetics.

In Indonesia, there is a priority application procedure in place for applicants who have filed an earlier application for the same design in another Paris Convention country or a World Trade Organisation (WTO) member country, although the Indonesian application must be filed within six months from the date of the first filing.

The laws and regulations on industrial designs were last updated in 2005 and can be found on the website of DGIP (in Indonesian).

Duration

Valid for 10 years from the filing date.

Registration and Fees

An application for a trademark can be made directly to DGIP through the completion of an Industrial Design Application Form (electronic applications can also be filed). A schedule of fees is also available on the DGIP website.

Enforcement of IP Rights

Enforcement of IP rights remains an issue for Indonesia. Despite adequate intellectual property laws, enforcement remains limited. There are two main IP enforcement routes (civil and criminal enforcement) but trademark, patent and copyright legislation requires a rights-holder complaint for investigations.

Indonesian Customs does not record or perform registration of IP rights. Custom officials have the power to suspend a consignment if they have reason to believe that it contains counterfeit goods. In practice, however, they do not make seizures, mainly due to the lack of procedure in place to contact the rights owners even if counterfeits are suspected.

For more information on the enforcement of IP it is recommended to contact DGIP.

 

A Practical Guide to Doing Business in Indonesia

  1. Regulatory Environment
  2. Establishing a Presence
  3. Intellectual Property Protection
  4. Staff Recruitment
  5. Tax Considerations
  6. Import/Export Procedures
  7. Further Information


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