INTELLECTUAL PROPERTY IN INDONESIA
Intellectual property protection system was first introduced to the territory region back in the early decades of the 20th Century, when what is now known as Indonesia was still a Dutch colony under the name of Dutch East Indies. Following ratification of Bern and Paris Conventions at the end of 19th century, the Colonial Government thus enacted Patent Law (Octrooiwet) in 1910, followed by Trademark (Reglement Industriele Eigendom) and Copyright (Auteurswet) both in 1912).
Following Indonesian independence in 1945, the colonial laws on IPR were gradually replaced by national laws, first with Law on Commercial Mark in 1961, Copyright Law in 1982 , and Patent Law in 1989. Amendment was made to the Copyright Law 1982 by introducing a new law in 1987, whereas a new trademark law was also introduced in 1992 to replace the 1961 law.
Indonesia joined the WTO in 1994, which include Indonesia's ratification to the TRIPs Agreement. Consequently, major changes were made to the existing IPR laws with the amendments issued in 1997. In 2000, to conform with TRIPs, four new regimes of IPR protection were introduced with the promulgation of laws on Plant Variety Protection Rights, Trade Secrets, Industrial Designs and Integrated Circuit Layout Design. The TRIPs-based reforms didn't stop there, however, as in new laws on Patent and Trademark were enacted in 2001, followed by Copyright in 2002.
Government Regulation on Geographical Indications was issued in 2007. The latest, in September 2012, the Indonesian parliament has approved the bill for a new copyright law replacing the 2002 law.
In late 2014 Indonesia once again embarked on a series of IPR reforms, marked by the issuance of Law no. 28 of 2014 concerning Copyright. This was followed two years later by the Law no. 13 of 2016 concerning Patent and the Law no. 20 of 2016 concerning Mark and Geographical Indications. Legislation process of a new Industrial Design Law is currently underway.
Except for the Plant Variety Protection Rights under the PVP Office of the Ministry of Agriculture, all IPR regimes in Indonesia are administered by the Directorate General of Intellectual Property Rights of the Ministry of Laws and Human Rights.
Below are some brief and non-binding information regarding Indonesian IPR system in Indonesia. If you need more detailed information as well as professional assistance thereto, including legal proxy that is required to represent every non-Indonesian applicant to Indonesian IPR applications, please consult our affiliated registered IPR Consultant.
Patent protection in Indonesia is provided for technological invention that offers solution to a technical problem. The invention itself must meet the requirement of novelty, inventive steps and industrial applicability.
Exempted from patent protection are inventions that are against the law, norms and public orders; methods of examination, treatment, medication or surgery applied to humans and animals (modification to swiss-style claims is however allowable); scientific or mathematical theorems/methods; and all living organisms as well as essential biological processes related to living organisms, except for micro-organisms. Aesthetic creation; schemes; rules and methods on mental, gaming, or business activities; computer software; as well as presentation of information; are also not qualified as patentable inventions.
Indonesia is a member to both Paris Convention and the PCT. For PCT, deadline to enter national phase in Indonesia is 31 months from the earliest priority date for both Chapter 1 and Chapter 2. National filing date (NFD) for PCT-based applications would follow that of the International Filing Date. Unintentional late entry to the National Phase is allowable up to 1 year from the actual deadline, subject to payment of certain fees.
Each application would be published soon after 18 months from the NFD. Filing request for substantive examination is mandatory by no later than 36 months from the NFD, otherwise the application would be deemed as void. Substantive examination would run up to 30 months from the filing of the request. In many instances, successful results from corresponding application filed in other countries could help in facilitating the Indonesian examination process.
The new Law no. 13 of 2016 on Patent introduced post-grant opposition for the first time into the Indonesian patent protection system. In this regards, any interested party may challenge the granting of a patent to the DGIP within 6 (six) months after the granting thereof. Afterwards, all challenges may only be launched via cancellation action to the Commercial Court.
Once granted, the patentee becomes subject to mandatory annual maintenance fee payment. Failure to attend to the payment in three consecutive years would result in the revocation of the patent.
Patent protection lasts for 20 years from the NFD. No extension is allowed.
Indonesian mark protection system - to both trademarks and service marks alike - are provided to two dimensional marks in the form of image(s), word(s), name(s), phrase(s), sentence(s), letter(s), number(s), color configuration, or combination thereof, that are distinctive and applied in the trade of the respective goods and/or services. Protection to three-dimensional marks, sound marks, and hologram are also available, as introduced under the new Law no. 20 of 2016 concerning Mark and Geographical Indications.
Application must not acceptable if the application is filed in bad faith, the mark is against the law or public order, the mark not distinctive enough, the mark is too generic, or the mark is descriptive of the applied goods/services. Application must also be rejected if the mark is identically or substantially similar with any existing registered mark for similar kinds of goods and/or services belongs to other; or similar to a well-known mark belong to other.
Priority rights of 6 months is acknowledged through the Paris Convention. Steps are already taken to prepare for joining the Madrid Protocol in near future.
No later than 15 (fifteen) days after obtaining Filing Date, an application for mark registration will be published for two months of Publication stage, during which the public may file opposition against the application, which the applicant is also entitled to respond. In 30 (thirty) days after the end of the Publication stage or after the deadline for filing response to an opposition, The application would then undergo Substantive Examination, which must be concluded in no later than 150 days.
Protection of mark lasts for 10 years from the Filing Date, and can be continuously extended for another 10-years term. Request for extension can be filed from as early as 6 (six) months from the expiration date of the registration, up to 6 (six) months after the expiration.