INTELLECTUAL PROPERTY RIGHTS
IN INDONESIA

Intellectual Property Rights (IPR/HAKI) licenses, on the other hand, to ensure the legal protection of trademarks, patents, and copyrights associated with the business. These licenses are tailored for safeguarding the intellectual property rights during its use and benefits for business. To perform the submission of license related to IPR, Indonesia has limitations that specific issues related to IPR is required to be assisted by a Certified IP Consultant.

INTELLECTUAL PROPERTY RIGHTS IN INDONESIA

Intellectual Property Rights (HAKI) in Indonesia are exclusive rights granted to creators for their thoughts and creativity. HAKI aims to protect economic rights and interests related to the work.
The granting authority of HAKI in Indonesia falls under the scope and supervision of Directorate General of Intellectual Property - Ministry of Law Republic of Indonesia (DJKI).

Copyright

Law No. 28 of 2014 concerning Copyright 

Protection Period

  1.  Lifetime of the Creator + 70 Years.
  2. Computer Programs: 50 years since first published.
  3. Performers: 50 years since first performed.
  4. Record Producer: 50 years since the Creation was fixated.
  5. Broadcasting Organizations: 20 years since first broadcast.

Copyright is one part of intellectual property that has the broadest scope of protected objects, because it covers science, art and literature (art and literary) which also includes computer programs. Copyright is the exclusive right of the creator that arises automatically based on the declarative principle after a work is realized in a tangible form without reducing the restrictions in accordance with the provisions of the legislation. The Related Rights are rights related to Copyright which are exclusive rights for performers, phonogram producers, or broadcasting organizations.

Creations fall under the protection of Copyright:
  • Books, computer programs, pamphlets, layouts of published works, and all other written works;
  • Lectures, lectures, speeches, and other similar works;
  • Teaching aids made for the benefit of education and science;
  • Songs or music with or without text;
  • Drama or musical drama, dance, choreography, puppetry, and pantomime;
  • Fine arts in all forms such as painting, drawing, carving, calligraphy, sculpture, sculpture, collage, and applied arts;
  • Architecture;
  • Maps;
  • Batik art;
  • Photography;
  • Translations, interpretations, adaptations, anthologies, and other works of authorship.

Law No. 65 of 2024 amended Law No. 13 of 2016 concerning Patent – Protection Period of 20 years for Patent and 10 years for Simple Patent

A patent is the exclusive right of an inventor to an invention in the field of technology for a certain period of time to carry out the patent holder’s own invention or to grant approval to other parties to carry out the invention.

In Indonesia, Patent has 2 (two) types : Patent and Simple Patent (Paten Sederhana), whereas Patents are granted for inventions that are new, contain inventive steps, and can be applied in industry. While a Simple Patent is granted for any new invention, development of an existing product or process, and can be applied in industry. A Simple Patent is granted for an invention in the form of a product that is not merely different in technical characteristics, but must have a function/use that is more practical than the previous invention due to its form, configuration, construction, or components which include tools, goods, machines, compositions, formulas, compounds, or systems. Simple Patents are also granted for inventions in the form of new processes or methods.

Law No. 20 of 2016 concerning Trademark and Geographical Indications – Protection Period of 10 years upon the trademark registration submission and may be extended

Trademark is a sign that can be displayed graphically in the form of images, logos, names, words, letters, numbers, color arrangements, in the form of 2 (two) dimensions and/or 3 (three) dimensions, sound, holograms, or a combination of 2 (two) or more elements to distinguish goods and/or services produced by persons or legal entities in the trading activities of goods and/or services.

Trademark is commonly utilized for identification mark for certain produced goods and/or services, promotional activities,  guarantee upon certain goods and/or services quality, and indicators of where the goods/services were produced.

However, the regulations of Trademark registration in Indonesia has certain restrictions on the terms and conditions prior to registration. Contact our consultant today for further information.

Law No. 31 of 2000 concerning Industrial Design – Protection Period of 10 years upon the registration submission and may not be extended

Industrial Design is a creation about the shape, configuration or composition of lines or colors, or lines and colors, or a combination thereof in the form of three dimensions or two dimensions that give an aesthetic impression and can be realized in three-dimensional or two-dimensional patterns and can be used to produce a product, goods, industrial commodities or handicrafts.

Samples of Industrial Design protection:

  • Products Packaging Design
  • Bottles/Cans Design
  • Electronic Products Design
  • Cars Design

Law No. 20 of 2016 concerning Trademark and Geographical Indications – Protection Period for Geographical Indications is not time-limited, as long as the reputation, quality, and characteristics on which the protection is based are maintained.

A Geographical Indication is a mark indicating the products that have a specific geographical origin and possess qualities, reputation, or characteristics that are essentially attributable to that place of origin, including agricultural products, natural resources, and crafts. The origin of a good and/or product which due to geographical environmental factors including natural factors, human factors or a combination of both factors gives a certain reputation, quality, and characteristics to the goods and/or products produced.
The mark used as a Geographical Indication may be in the form of an etiquette or label attached to the goods produced. The mark may be the name of a place, region, or area, words, pictures, letters, or a combination of these elements. Those authorized to apply for Geographical Indications are institutions representing community in a certain geographical area carrying out goods and/or products commodities and regional provincial or district/city governmental agencies. 

The Description Document of Geographical Indications is a document containing information, including the reputation, quality, and characteristics of the goods and/or products related to the geographical factors of the goods and/or products for which the Geographical Indication is applied.

Law No. 30 of 2000 concerning Trade Secrets – Protection Period for Trade Secrets lasts as long as the trade secret remains secret and confidential to the owner, without limitation of time.

A Trade Secret is information that is not known by the public in the field of technology and/or business, has economic value because it is useful in business activities, and is kept confidential by the owner of the Trade Secret. The scope of protection of Trade Secrets includes production methods, processing methods, sales methods, or other information in the field of technology and/or business that has economic value and is not known by the general public.

Law No. 32 of 2000 concerning Integrated Circuit Layout Design – Protection Period for Integrated Circuit Layout Design (DTLST) is 10 years, calculated upon the registration submission or from the time the DTLST is first commercially exploited, and cannot be extended.

Integrated Circuit Layout Design (DTLST) is the creation of a three-dimensional layout design of various elements, at least one of which is an active element, as well as some or all of the interconnections in an integrated circuit and the three-dimensional layout is intended for the preparation of integrated circuits. A DTLST can be registered if the DTLST is original, the design is the independent work of the designer, and at the time the DTLST was created it was not common to the designers.

REASONS TO COMPLY WITH INTELLECTUAL PROPERTY (IP) LAWS AND REGULATIONS

Legal Protection and Monetization

Ensures creators secure legal protection and exclusive rights, enabling monetization through licensing, sales, and partnerships.

Competitive Advantage and Innovation

Provides a competitive edge and serves as an incentive for ongoing innovation and creativity within industries.

Consumer Trust and Safety

Protects consumers by ensuring product quality and authenticity, fostering trust in brands and products.

Economic Development and Global Trade

Contributes to economic growth, job creation, and facilitates international trade by aligning with global IP standards.

STAGES:

    • a. Selection of Protection Type
    • b. Monitoring, Response, and Registration
    • c. Maintenance and Ongoing Protection

Why Choose Us?

Our legal services for trademarks, patent, copyright and trade secret registration include expert guidance in patent filing, copyright registration and trade secret protection, ensuring your intellectual property rights are effectively protected through proper legal processes.

Get Started!

Our dedicated team is ready to assist you and providing the necessary legal support to address your concerns in accordance with Indonesian law.

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