Written by Willyanto Sinaga on 01/08/2023
The author’s views are entirely their own and may not always reflect the views of Putranto Alliance.
Intellectual Property Rights (IPR) are rights granted over copyrighted works, inventions, industrial designs, trademarks, and trade secrets resulting from a person’s or a legal entity’s creative and intellectual activities. In Indonesia, IPRs are regulated by various laws that protect these rights and provide legal protection to their owners.
Intellectual Property Rights (IPR) are rights granted to the results of creative and intellectual activities of a person or legal entity. IPR includes various rights that protect works Copyright, patents, trademarks, industrial designs, trade secrets, geographical indications, integrated circuit layouts, and plant varieties resulting from thought, creativity, and innovation.
The primary purpose of IPR is to provide legal protection to creators, inventors, or owners of the works or innovations they produce. This encourages innovation, creativity, and investment in various economic sectors and incentivizes creators and inventors to continue producing works or innovations that benefit society.
In Indonesia, several types of Intellectual Property Rights (IPR) are recognized and protected by law.
Some types of intellectual property rights in Indonesia are:
IPR is an important instrument to encourage innovation, creativity, and investment in various sectors in Indonesia, and the government regulates its protection through applicable laws and regulations.
Intellectual Property Rights (IPR) must be recorded and registered as these steps provide benefits and more vital protection for the rights holder.
Reasons why intellectual property owners are obliged to register or record their intellectual property:
Recording or registering IPR is essential to protect the rights of creators, innovators, and brand owners. It also contributes to economic growth and technological development by encouraging innovation and creativity in various fields.
In practice in Indonesia, several types of IPR must be registered, and some are only enough to be recorded at the Ministry of Law and Human Rights through the DJKI.
IPR that must be registered:
IPR that is sufficiently recorded:
IPR that can be registered or recorded:
It is essential always to pay attention to the latest legal requirements and consult an intellectual property law expert to understand the registration or recording of intellectual property rights you have.
If you want to register or record your intellectual property, let’s look at the existing mechanisms, we take an example of the most common intellectual property to be registered in Indonesia, such as trademarks and patents or recording of copyrights.
The license agreement can be made on the object of intellectual property as regulated in Article 2 of Government Regulation Number 36 Year 2018 concerning the Recording of Intellectual Property License Agreements, which reads, recording of license agreements is carried out against intellectual property objects in the field of:
The provisions in PP 36 Year 2018 concerning the recording of intellectual property license agreements also state that the license agreement can only be carried out if the intellectual property object contained in Article 2 of PP 36 Year 2018 has been recorded or registered with the DJKI.
The license agreement made by both parties must be registered with the Ministry of Law and Human Rights through the DJKI. If it is not recorded, then the agreement is not valid to the 3rd party and only applies to the two parties to the agreement.
It is necessary to do a notarial deed in licensing intellectual property rights to be used as valid and perfect evidence through an authorized notary.
Suppose you want to transfer your intellectual property rights to other people. The process can be done by applicable laws and regulations, including if the intellectual property rights are in the form of Copyright, Trademark Rights, or Patent Rights can be done by:
Intellectual property rights in the form of Trade Secrets, Integrated Circuit Layout, and Plant Varieties can be done by:
Intellectual property rights in the form of Industrial Design can be done by:
You can resolve IP disputes through litigation or non-litigation efforts. Litigation efforts mean that the resolution of intellectual property disputes is requested by the general court, The competence of the commercial court in examining and deciding intellectual property disputes includes;
Intellectual property rights are closely related to the business process in Indonesia, where in business it is necessary to register the work they sell to get legal protection in Indonesia, the process of registering and recording an IPR must be done carefully and thoroughly and requires more detailed attention in the registration process. This is necessary to avoid bad things such as brands that are copied, or patents that are patented by other parties, causing intellectual property rights disputes.
At Putranto Alliance, we conduct a thorough evaluation of your company’s innovative products. After identifying the critical elements that must be protected, our IPR consultant team will design the product’s proper protection strategy. We assist companies in applying for patents, trademarks, and copyrights in accordance with applicable provisions and procedures.
Intellectual property rights (IPR) must be protected for various reasons that ensure the sustainability and advancement of society, the economy, and innovation.
The services offered by the IP Consultant usually start from IPR registration, handling of IPR disputes, IPR portfolio management, licenses, and agreement.
The Law of Republic Indonesia Number 20 of 2016 regarding Copyright and Geographical Indication
The Law of Republic Indonesia Number 13 of 2016 regarding Patent
The Law of Republic Indonesia Number 28 of 2014 regarding Copyright
The Law of Republic Indonesia Number 32 of 2000 on Layout Design Of Integrated Circuits
The Law of Republic Indonesia Number 31 of 2000 regarding Industrial Design
The Law of Republic Indonesia Number 30 of 2000 regarding Trade Secret
The Law of Republic Indonesia Number 29 of 2000 regarding Protection of Plant Variety
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