Guide to Indonesia's Intellectual Property System

Hello, this is Pine IP Firm. In this column, Indonesian Intellectual Property Rights Along with the overall framework, recently enacted and revised Patent Law No. 65 (2024) and Ministerial Decree No. 12 (2021) Let's summarize the key points related to this. As Indonesia is a huge market with the largest population in Southeast Asia, it is important for local companies to familiarize themselves with and prepare for relevant intellectual property protection systems in advance.

Overview of Indonesia's Intellectual Property System

1) Classification of Systems

Indonesian intellectual property rights include industrial property rights (patents, trademarks, industrial designs, semiconductor layout design, trade secrets, etc.) CopyrightIt is classified as follows, and the Intellectual Property Office (IPO) under the Ministry of Law and Human Rights manages it in an integrated manner.

2) Legal Framework

In accordance with international agreements, Indonesia has enacted and revised its domestic laws. The main statutes are as follows.

• Patent law: 2024 (No. 65/2024)
• Trademark Law: 2016 (No. 20/2016)
• Industrial Design Act: 2000 (No. 31/2000)
• Trade Secret Act: 2000 (No. 30/2000)
• Copyright law: 2014 (No. 28/2014)

As a notable point Utility model provisions within Indonesian patent lawand there is no separate utility model law.

3) Policy Trends

Despite frequent criticism of infringement cases, recent amendments have been actively underway. In addition to external pressure, such as the U.S. designation as a 'Priority Watch List,' Patent Law No. 65 enacted in 2024has undergone significant changes in alignment with international standards. In the trademark sector as well, Ministerial Decree No. 12 of 2021is driving digitalization and streamlining processes, so companies planning local operations should closely monitor these changes.

industrial property rights

1) Patents

(1) Overview

• Indonesian Patent Law defines an invention as "an intellectual activity (method, goods, improvement, etc.) aimed at solving a specific problem in a technical field."
• Patent rights guarantee exclusive rights throughout Indonesia for a certain period (usually 20 years from the filing date).
• Utility model Again, it is protected by provisions within the Patent Act without separate statutes.

(2) Major Amendment History

• 1989 First enactment of the Patent Act (No. 6)
• 1997 (No. 13), 2001 (No. 14), 2016 (No. 13/2016) and several other revisions
• 2024 (No. 65): The third amendment to the Patent Act in 2016, enacted to establish a modernized patent system that aligns with international standards

(3) Key Contents of the Patent Act No. 65 of 2024

Patent Law No. 65/2024, which came into effect in 2024, supplements and amends the existing Law No. 13/2016, with the following key changes.

1. Strengthening the protection of traditional knowledge and genetic resources
   • Add definition: A clear definition of traditional knowledge and genetic resources
   • Protection of inventions related to genetic resources: Specifies protection for inventions using genetic resources, and at the application stage Source of genetic resource useRequired to do so
   • Benefit Sharing Obligation: Regulations requiring the benefit arising from inventions based on traditional knowledge and genetic resources held by the community to be shared with the local community
2. Adjustment of the scope of protection for inventions related to computer programs
   • Previously, software itself was not protected, Solving specific technical problems or improving technical effectivenessSoftware that causes such issues is specified to be protected by patents.
3. Grace Period Extension
   • After the inventor disclosed research results and other details, Within 6 months The previous requirement to file an application Within one year Mitigation by application
4. Introduction of accelerated review procedures
   • Priority Examination Introduction of Systems: Digital and Green Technologies, etc. Innovative Technology Sector Inventions can undergo expedited examination.
5. Strengthening Compulsory License Regulations
   • In cases of emergency or urgent need for the public interest, the government Granting compulsory licensing rightsSpecify requirements and procedures to enable
   • Those granted compulsory enforcement rights Fair compensation for patent holdersmust be paid

(4) Notes

• Be sure to check whether genetic resources are used when filingand, if necessary, provide sources and establish ways to share benefits with the local community.
• Proving the technical effectiveness of computer program invention is crucial.
• Grace periodbut if possible, Fast filing without prior disclosureThis recommendation
• Priority screening When applying, additional documents and fees may be required, so be sure to prepare the procedures thoroughly.

2) Design

According to Indonesia's Industrial Design Law (No. 31/2000), designs that apply new and original appearances (shape, line, color, decoration, etc.) to goods are protected items.

• Upon registration 10-year protection
• Just like in Korea, you can set usage rights and seek remedies for infringement.
• If infringement disputes arise, they will be handled by the Commercial Court.

3) Trademarks

(1) Overview

Indonesian Trademark Law (No. 20/2016) defines "marks that use distinctive characters, shapes, colors, sounds, holograms, etc., for goods or services." especially With the 2016 revision, the 3D Sound, Sound, and Hologram trademarks also It was included in the protected area.

(2) Major Changes in Ministerial Decree No. 12 (2021)

Ministerial Decree No. 12 enacted in 2021is a regulation designed to supplement and simplify the enforcement of the Trademark Act of 2016, and through digital platforms, Online Procedureis the key.

1. Simplifying the trademark registration process
   • Online Application System Introduction: Application, examination, announcement, and registration Digital Platformunified in
   • This will reduce the trademark registration process, which previously took over a year, Up to 6 monthsShortened to
2. Integration of the Audit Process
   • Formal and substantive examinations will be unified through a single procedure. Simplification
   • Trademark Search to allow you to check the possibility of registration before filing
3. Strengthening trademark protection
   • Prevention of malicious registration: At the time of application Proof of legitimate intent to useis made mandatory.
   • Protecting well-known trademarks: Internationally recognized trademarks are automatically protected without separate verification procedures (applying the Paris Convention principles)
4. Simplified renewal and licensing procedures
   • Through the online system Renewal and license registrationhas become simpler, and the process time has been shortened.
5. Improvement of Objection and Dispute Resolution Procedures
   • Opposition procedures are handled online during the trademark announcement period.
   • Expanding Expedited Arbitration (ADR) to shorten dispute resolution times

(3) Accession to the Madrid Protocol

Indonesia is October 2, 2017, joining the Madrid Protocol From January 2, 2018 International applications are available. This is a significant advantage for companies seeking to secure trademark rights in several overseas countries.

New Intellectual Property Rights

1) Trade Secrets

Indonesia's Trade Secrets Law (No. 30/2000) is a regulation concerning technical and managerial information, Non-disclosure, economic utility, confidentialityDefine information equipped with these as trade secrets.

• Separate registration procedures Protecting rights while keeping them confidential
• If infringement occurs, civil or criminal lawsuits can be filed.
• It is essential to establish confidentiality measures (internal security systems, NDA agreements, etc.) without disclosing information to third parties.

2) Semiconductor Layout Design

According to Indonesia's semiconductor placement design law, An original design expressing the 3D circuit layout of a semiconductor chipis protected.

• Term of interest: 10 years from the date of registration
• Scope of rights: Unauthorized manufacturing, use, import, sale, or distribution is prohibited.
• Registration procedure: Registration and announcement after formalization examination by the Executive Committee (Korean Intellectual Property Office)

3) Breed Protection

At the Agricultural Permit and Seed Protection Center (PPVT-PP) under the Ministry of Agriculture, Seed Export/Import and Registration of New Varietiesis in charge. Due to restrictions on foreign ownership and complicated licensing procedures, expert advice is necessary for local market entry.

Indonesian Intellectual Property Strategy Points

Indonesia has consistently Amendments to Intellectual Property LawsWe strive to meet international standards, but when infringements or disputes occur locally, there are still cases where the system is not properly implemented. Recently, through Patent Law No. 65 (2024) and Ministerial Decree No. 12 (2021), the system in the field of patents and trademarks has been significantly strengthened, Early Rights Acquisition, Active use of digital administration, establishment of rights exercise strategies, Management of new intellectual property rights such as trade secrets and semiconductor design, Semiconductor layout design, product protection, etc., if necessary Separate registration Facilitator, Pine IP Firm covers everything from domestic and international intellectual property registration to rights protection strategies One-stop service We offer these services. If you plan to secure or utilize intellectual property rights in Indonesia, please feel free to contact us at any time. Thank you.