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Intellectual Property Rights:
The Key to Business Security and Market Trust

intellectual property rights

In today’s increasingly competitive business environment, the protection of Intellectual Property Rights is no longer a secondary consideration; it is a strategic necessity. A recent case involving the Ministry of Trade’s discovery of unregistered branded goods at Mangga Dua Market has reinforced the importance of registering and protecting intellectual property from the earliest stages of business operations.

For business owners, safeguarding Intellectual Property Rights is an investment in securing intangible assets such as brand names, logos, product designs, and copyrights for original works. A proper and timely registration process ensures legal certainty and mitigates the risk of infringement, which can potentially damage a business’s reputation.

Case Study: Trade and Intellectual Property Rights

During an inspection at one of Jakarta’s largest trading hubs, the Ministry of Trade identified products that infringed upon registered trademarks. Although these goods were legally imported, the unauthorized use of an existing registered brand still constitutes a violation of Intellectual Property Rights. Such violations fall under the delik aduan principle as outlined in Article 103 of the Trademark Law, which means legal proceedings can only be initiated upon a formal complaint from the rightful trademark owner.

From a business owner’s perspective, this underscores the importance of holding officially registered Intellectual Property Rights in order to take legal action when necessary. From the perspective of Intellectual Property Rights service providers, this situation highlights the crucial role of professional assistance in filing, classification, and ensuring comprehensive legal protection.

What Are Intellectual Property Rights and Why Are They Important?

Intellectual Property Rights refer to the exclusive legal rights granted by the state to individuals or legal entities over their intellectual creations. These rights include:
  • Copyright
  • Trademarks
  • Patents and Industrial Designs
  • Trade Secrets
  • Geographical Indications
For businesses operating in sectors such as trade, manufacturing, technology, culinary arts, and the creative industries, protecting Intellectual Property Rights is essential—not only to prevent imitation, but also to enhance competitiveness and increase brand value in both domestic and global markets.

Legal Framework

Below are key regulations that serve as a reference for businesses in managing and protecting their Intellectual Property Rights in Indonesia:

  • Law No. 65 of 2024 (Third Amendment to Law No. 13 of 2016 on Patents): Regulates legal protection for new and inventive technological innovations.
  • Law No. 20 of 2016 on Trademarks and Geographical Indications, as amended by Law No. 6 of 2023:
  • Regulates trademark protection in commercial activities.
  • Law No. 28 of 2014 on Copyrights:
  • Grants exclusive rights to creators for their works, including literary works, music, art, and software.

Benefits of Intellectual Property Rights Protection for Businesses

  1. Legal Certainty Over Brands and Creative Works
  2. Registered Intellectual Property Rights provide protection against potential ownership claims or legal disputes.
  3. Increased Asset Value
  4. Intellectual Property Rights can be monetized through licensing, franchising, or used as collateral in fiduciary agreements.
  5. Support for Market Expansion
  6. Especially in the context of exports, registered Intellectual Property Rights are often required for brand registration in target countries.
  7. Enhanced Professional Reputation
  8. Businesses with strong legal ownership of trademarks and copyrights inspire greater confidence among customers and partners.

Why Use Professional Services for Intellectual Property Rights?

Although the Directorate General of Intellectual Property (DJKI) has enabled online registration, the process still requires meticulous attention to classification details, document completeness, and a tailored protection strategy that aligns with each business’s needs.

Intellectual Property Rights service providers can assist with:

  • Identifying the types of intellectual property relevant to your business
  • Preparing documentation and selecting classifications in accordance with the KBLI (Indonesian Business Field Classification)
  • Monitoring the registration process
  • Addressing objections or disputes during the registration or protection process

With expert support, business owners can concentrate on their operations without being burdened by complex legal and administrative procedures.

Conclusion

Protecting Intellectual Property Rights is a proactive step toward strengthening your business foundation—whether you are a microenterprise or a large corporation. In the face of rapid digital advancement and increasingly open markets, having officially registered Intellectual Property Rights is a vital sign of readiness for sustainable growth.

If you would like to ensure your brand, creation, or innovation is legally protected, consult a professional service provider who understands the procedures and strategies for effective protection.

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