INDONESIA INTELLECTUAL PROPERTY RIGHTS PROTECTION

The Indonesian intellectual property rights laws presently consist of a framework

for trademarks, patents, copyrights, industrial designs, layout-designs of integrated
circuits, undisclosed information and variety of plants. The relevant legislations will
legally protect the registered owner from any unauthorized use of their intellectual
property rights by other parties.

Indonesia has ratified international conventions that are related to intellectual

property rights, as follows:
1. Agreement on Establishing the World Trade Organization, which is consist of the
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs). (Law
No. 7 of 1994);
2. Paris Convention for the Protection of Industrial Property and Convention
Establishing the World Intellectual Property Organization (Presidential Decree No. 15
of 1997);
3. Patent Cooperation Treaty (PCT) and Regulations under the PCT (Presidential
Decree No. 16 of 1997);
4. Trademark Law Treaty (Presidential Decree Number 17 of 1997);
5. Berne Convention for the Protection of Literary and Artistic Works. (Presidential
Decree No. 18 of 1997) and
6. WIPO Copyright Treaty (Presidential Decree No. 19 of 1997).

Implementation following ratification of the above international conventions, the

Indonesian Government has amended laws regarding intellectual property rights.
Indonesia presently recognizes the following types of intellectual property rights, which
could divide into 2 categories:

I. Copyrights;

II. Industrial Property Rights, consist of:

1. Patents;
2. Trademarks/Service Marks;
3. Industrial Designs;
4. Layout-Designs (Topographies) of Integrated Circuits;
5. Protection of Undisclosed Information;
6. Variety of Plants.

1. Copyrights

The current Copyrights Law is Law No. 19 of 2002.

The Copyright is an exclusive right for Creator(s) or its Assignee to publish or to

reproduce his/her/their creations or to authorize others to do so. A Creation is every

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created work in a form that expresses its originality in the field of sciences, arts or
literature.

The following creation in the field of sciences, arts and literature can be protected under
the Copyrights Law:
a. Books, computer programs, pamphlets, layout of published written creation, and other
written creation;
b. Key-note Speech, university lectures, Speech and any other similar creation;
c. Model equipment which is used for educational and scientific purposes;
d. Created songs or music with or without text;
e. Play (drama) or musical drama, dancing, choreography, traditional puppet show
and pantomime;
f. Artistry in any kinds of paintings, drawings, engraved/carved arts, calligraphy,
sculpture, statue arts, collage, and applied arts;
g. Architectural designs;
h. Map;
i. Art of batik;
j. Photography;
k. Cinematography;
l. Translation, interpretation, adaptation, anthologies, database, and any other
creation of transformation results.

The period of protection of a published copyright is varied in accordance with the groups
of the creation. The protection may be given for a period of 20 years, 50 years or for an
indefinite period.

Directorate General of Intellectual Property Rights (DGIPR) organizing registration of

Creations and will record the registration in the General List of Creations which shall be
able to access by public.

Registration of creation into General List of Creations can be done with filing an
Application by Creator or Copyright Holder or Attorney to DGIPR which written in
Indonesian language and attached by sample of the creation or its substitute and receipt of
payment for the registration fee.

Toward the Application’s process DGIPR shall issue a decision within 9 months since the
date of acceptance of Application. Registration of creation considered done by the time of
the Application received by DGIPR completely and DGIPR will announce the
registration into the Official Gazette of Creation.

II. Industrial Property Rights

1. Patents

The new Patent Law is Law No. 14 of 2001.

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Patent is an exclusive right granted by the State to an Investor for his/her invention in the
field of technology (including methods or processes), during which in a certain period the
investor could personally exploit the invention or authorize another person to exploit it.

Utility Patent granted for invention in form of tangible equipment or product, which not
only has technically characteristic differences but also has a practical usage value from
the prior invention.

The protection of a Patent invention can be given for period of 20 years since the Date of
Acceptance and that period cannot be extended.

The protection of a patent can be done with filing an Application to DGIPR. Each
Application form can only be filed for one Invention or some Inventions which parts of
one Invention (as a unity). The Application shall be written in Indonesian language and
attached with the picture/sketch/drawing and receipt of payment for the registration fee.

If the Application is filing with Priority Right it shall be file to DGIPR within 12 months
since the first date of acceptance for patent’s application in any country which a member
of Paris Convention for Protection Of Industrial Property or a member of Agreement
Establishing the World Trade Organization.

DGIPR will announce the complete Application within 18 months since the Date of
Acceptance for a patent or 18 months since the Date of Priority if the Application is filing
with Right of Priority both for period of 6 months in the Official Gazette of Patent.

Application for substantive examination shall be filing to DGIPR in written and attached
with receipt of payment for examination fee with not more than 36 months since the Date
of Acceptance.

DGIPR shall giving its decision to approve or to reject the Application for patent in
period of 36 months since the date of acceptance for the application for substantive
examination or since the end of the period of announcement if the application for
substantive examination was filed before the period of announcement due.

Utility Patent
Every invention constitutes a new object, product or equipment, which has a practical
usage value to the form, configuration, construction or composition can be given
protection in the form of utility patent.

The protection of a Utility Patent can be given for period of 10 years since the Date of
Acceptance and that period cannot be extended.

The protection of a utility patent can be done with filing an Application to DGIPR. Each
Application form can only be filed for one Invention of a tangible product or tangible
equipment but can be seized for several claims. The Application shall be written in
Indonesian language and attached with the picture/sketch/drawing and receipt of payment
for the registration fee.

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The announcement for utility patent is within 3 months since the Date of Acceptance, for
period of 3 months in the Official Gazette of Patent.

The application for substantive examination of utility patent can be done in the same time
with the filing of the Application or within 6 months since the Date of Acceptance with
imposing an application for substantive examination fee.

DGIPR shall give its decision to approve or to reject the Application for utility patent
within period of 24 months since the Date of Acceptance.

2. Trademarks/Service Marks

The new Trademark Law is Law No. 15 of 2001. The current Law is stipulating
Trademarks and Service Marks.

Trademark is a sign in the form of a picture, name, word, letters, figures, color
composition or a combination of such elements, as long as such mark possesses
distinguishing features and is used in the trade of goods or services.

The Indonesian Government has explicitly stated that its emphasis is on better protecting
well-known trademarks against duplications made in bad faith, especially to take
advantage of the fame of the well-known trademark. The new law even specifically
provides for holders of well-known trademarks to claim for the Indonesian Government
to revoke registration of an infringing mark.

The application for trademarks registration shall be in written in Indonesian language and
filed to DGIPR. The applicant must sign a declaration letter stating that the applicant is
the owner of the trademark to be applied for and that the trademark is not an imitation of
any other mark, wholly or principally and samples of the trademark to be registered.

An application with Priority Rights shall be submitted within 6 months since the first date
of acceptance of trademark in any country which a member of Paris Convention for the
Protection of Industrial Property or a member Agreement Establishing the World Trade
Organization.

The Application for 2 classes of goods/services or more can be filed in one Application
with mentioning the types of goods and/or services that included in class, which is the
Application, submitted.

If the Application is approved, in no longer than 10 days since the approval date to be
submitted, the Application shall be announced in the Official Gazette of Marks for 3
months.

If there is no objection, DGIPR issues and gives Marks Certificate in 30 days since the
due date of the announcement period.

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If there is an objection, then there shall be re-examination and be settled in no longer than
2 months since the end of the announcement period.

If the objection is refused, then the Application will be approved to be registered in

General Register Marks and the DGIPR will issue and give Trademarks Certificate in no
longer than 30 days since the approval date of such Application to be listed in the General
Register Marks.

3. Industrial Designs

Industrial Designs are stipulated in Law No. 31 of 2000 regarding Industrial Designs.

Industrial Design is a creation of shape, configuration, or composition of line or color, or

line and color, or lines and color altogether in form of three dimension or two dimension
which give an aesthetical value and can be materialization into three dimension pattern or
two dimension; also can be used to produce a product, goods, industrial commodity, or
handy-crafts.

Protection to Industrial Design is given for period of 10 years since the Date of
Acceptance. The grant of protection is registered in the General List of Industrial Designs
and announced in the Official Gazette of Industrial Designs.

Industrial Design Right can be done by filing an Application in written form in

Indonesian Language to DGIPR attached with physical sample or draw or picture and
description of the design; with pay registration fees and signed by the Applicant or
Attorney.

Application using Priority Rights shall be submitted within 6 months since the first date
of acceptance of industrial designs in any country which a member of Paris Convention
for the Protection of Industrial Property or a member Agreement Establishing the World
Trade Organization.

Each Application only can be submitted for one industrial design or some industrial
designs as a unity or have same class.

4. Layout-Designs (Topographies) of Integrated Circuits

Layout-Designs (Topographies) of Integrated Circuits are stipulated in Law No. 32 of

2000 regarding Layout-Designs (Topographies) of Integrated Circuits.

Right of Layout-Designs (Topographies) of Integrated Circuits is an exclusive right

granted by State of Republic of Indonesia to Designer for his/her/their creation for
current period to accomplish by himself/herself/themselves, or authorize other to
accomplish the right.

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The protection of Layout-Designs (Topographies) of Integrated Circuits is given for
period of 10 years. The grant of protection is registered in the General List of Layout-
Designs (Topographies) of Integrated Circuits and announced in the Official Gazette of
Layout-Designs (Topographies) of Integrated Circuits.

The Right of Layout-Designs (Topographies) of Integrated Circuits can be done by filing

an Application in written form in Indonesian Language to DGIPR with impose an
application fee.

Each Application can only be submitted for one Layout-Designs (Topographies) of

Integrated Circuits.

The Right of Layout-Designs (Topographies) of Integrated Circuits is given for original

design to the designer since the first time the design was commercially exploited in
anywhere, or since the Date of Acceptance of application. In the event that the design
was commercially exploited, the Application shall be submitted within 2 years since the
first date of the relevant topography is exploited.

Within period of 2 months since the administration stipulation is completed, DGIPR

issues the Certificate for Layout-Designs (Topographies) of Integrated Circuits.

5. Protection of Undisclosed Information

Protection of Undisclosed Information is stipulated in Law No. 30 of 2000 regarding

Undisclosed Information.

Undisclosed Information received protection if the information have economic value in

trade activity and classify from public in field of technology and/or business. The
protection covering production method, manufacture method, sell method, or any other
information in field of technology and/or business that have economic value and not a
public knowledge.

The owner of Undisclosed Information has rights to:

a. Use his/her/their own undisclosed information;
b. Give a license to or prohibit other party to use the undisclosed information or
exploit the undisclosed information to third party for commercial interest.

In any form of those right transitions shall be registered to DGIPR with impose
registration fees.

6. Variety of Plants
The Protection for Variety of Plants is a special protection granted by the State and
executed by Officer of Protection for Variety of Plants for plants produced from
examination and experiment or activity of invention and development of variety,
according standard methods to produce new variety and to maintain the genuineness of
produced variety’s seed.

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Variety of Plants will be given protection if the plant is new, unique, alike, steady, and
named. The protection is given for period of 20 years for seasonal plants and 25 years for
yearly plants since the date of right for variety of plants is given.
Application for right of variety of plants can be done with filing to the Office of
Protection for Variety of Plants which written in Indonesian language and impose
application fee. Each application for right of variety of plants can only be submitted for
one variety.
Application using Right of Priority shall be filing within 12 months since the first date of
acceptance of application for right outside Indonesia.
The Office of Protection registers the Date of Acceptance in General List of Variety of
Plants for Variety of Plants.
.

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 The Procedures for Trademark Registration in Indonesia

A. Registration

1. File 4 copies of the Application forms, which are available from the
DGIPR Office. The Application shall be in written in Indonesian language and filed
to DGIPR, contain the following:
a. The date, month and year of the application;
b. The full name, citizenship and address of the applicant;
c. The Power of Attorney (the full name and address of the attorney if the applicant
appointed an attorney);
d. The color of the trademark or service mark, if such color is one of the
characteristic of the trademark; and
e. The name of the country and date of the first application, when the application is
lodged based on the priority right.

2. The Application shall be signed by the Applicant or by his/her/their

Attorney;

3. The Application attached with receipt of payment for the registration fees;

4. A declaration letter signed by the owner of the trademark or service mark

is stating that the applicant is the owner of the trademark to be applied for and that the
trademark is not an imitation of any other mark, wholly or principally. The
declaration letter must be in the Indonesian language or have attached to it an
Indonesian translation if the declaration letter is made in another language. The
declaration shall be in the stamped letter required;

5. 25 samples of the trade mark to be registered. If the samples use a foreign

language or numerals that are unknown in Indonesia, they shall have attached to them
an Indonesian translation or numerals used in Indonesia. The samples shall be a
minimum 2x2 cm and maximum 9x9 cm in size;

6. In the event of the Application filed by more than one Applicant that
altogether have the rights of such Marks, every Applicant’s names are include by
choosing one of the addresses as their address;

7. In the event of such Application is signed by one of the Applicant who has
the rights of such Marks by attaching a written approval from the other Applicants;

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 8. In the event of such Application lodged by their Attorney, then the Power
of Attorney shall be signed by all parties who have the rights of such Marks;

9. In the event of the Applicant is a legal entity, shall be attached with the
official copy of Deed of Establishment or copy of such Deed that legalized by the
Notary;

10. The Application that submitted by the Applicant who domiciled or has
permanent residence outside the territory of Republic of Indonesia shall be filed
through his/her/their Attorney in Indonesia, shall state and choose the Attorney’s
domicile as his/her/their legal domicile in Indonesia;

11. A copy of Applicant’s Identity Card;

12. The Application for 2 (two) goods class or more and/or services can be
filed in one Application with mentioning the types of goods and/or services that
included in class, which is the Application, submitted.

B. Verification of the Completion of Marks Application Requirements

1. The completion of all the requirements shall be fulfilled in 2 (two) months,

2. If all the administrative requirements are fulfilled, the Acceptance Date is given in
the Application.

C. Substantive Verification and Announcement of Application

1. Conducted in no longer than 30 (thirty) days since the Acceptance Date

and shall be settled in no longer than 9 (nine) months;

2. If it is approved to be submitted, in no longer than 10 (ten) days since the

approval date to be submitted, the Application shall be announced in Official Gazette
of Marks for 3 (three) months and any other party may give an objection in written
with fees;

3. If there is an objection, the Applicant/Attorney has the right to give

rebuttal statement in writing in no longer than 2 (two) months since the acceptance
date of such copy of objection.

D. Re-examination

1. If there is no objection, DGIPR issues and gives Marks

Certificate in 30 (thirty) days since the due date of the announcement period;

2. If there is an objection, then shall be re-examination and be

settled in no longer than 2 (two) months since the due date of the announcement
period;

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 3. If the objection is refused, then the Application will be approved
to be registered in General Register Marks and the DGIPR will issue and give Marks
Certificate in no longer than 30 (thirty) days since the approval date of such
Application to be listed in General Register Marks.

E. Appeal Application

1. The application for Appeal can only be submitted for objection

of Applications, which related to substantive matters;

2. Submitted in written to the Marks Appellant Commission with

impose fee and submitted in no longer than 3 (three) months since the notice of such
objection of the application;

3. The decision of the Marks Appellant Commission is given in no

longer than 3 (three) months, if it is granted then the DGIPR will execute the
announcement, if it is rejected then can be submitted an appeal to the Commercial
Court and to such decision of the Commercial Court only a cassation can be
submitted.

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