Written by Samuel Sri Kurnia on 16/07/2022
The author’s views are entirely their own and may not always reflect the views of Putranto Alliance.
Intellectual Property Rights (IPR) offer freedom for intellectual property owners to register their works. It is advised so the right owner can demand legal protection. In the scale of global competition, Intellectual Property Rights play a critical role in assuring a return on investment through innovation and are essential for growing businesses (Small to Mid-size Enterprises) expanding into developing markets in countries like Indonesia.
Understanding how IP could benefit growing businesses is crucial since they generally have limited resources. Infringement is one of the most common issues in dealing with business overseas. It often results in a loss of revenue, reputation, and competitive advantage in foreign countries and core domestic markets. Proactive measures will counter these threats to protect IP and deter potential infringers.
With this service, we provide assistance with preliminary trademark investigation, advisory on IP issues, registration of trade secrets, trademarks, copyrights, and patent rights and their maintenance. Furthermore, we make sure you register in the correct class and regularly follow up on ongoing registration.
According to the World Intellectual Property Organization (WIPO), intellectual property means creations of the mind that involves inventions, literature, works of art, designs, symbols, and other forms of intellectual property. Over time, intellectual property has grown into new forms, such as geographical indications, sound trademarks, three-dimensional trademarks, and holograms. They are becoming recognized as businesses and technologies advance. These intellectual assets can generate revenue for a company but at the same time also bear the potential risk of being stolen or misused by others.
To fully protect intellectual property, the owner of the assets must acquire their Intellectual Property Rights (Hak Kekayaan Intelektual, HAKI). The rights are claims obtained from the results of human thought to produce a useful product, service, or process for the community. Objects regulated in intellectual property are works produced by human intellectual abilities. So it can be concluded that IPR is the right to economically enjoy the result of intellectual creativity.
Intellectual property laws in Indonesia grant exclusive rights to intellectual property owners to exploit their intellectual property or grant licenses to other parties to exploit them. The licensing provisions of the intellectual property laws do not specifically regulate circumstances when the implementation of intellectual property can conflict with antitrust laws and regulations. The intellectual property laws in Indonesia only provide general provisions. License agreements should not contain provisions that are directly or indirectly detrimental to the Indonesian economy, hinder the ability of Indonesian people to master and develop technology in general, or contradict Indonesian laws and regulations, morality, or public order.
Intellectual property (IP) is the heart of innovation and a knowledge-based economy. Indonesia has a complete set of laws in the field of intellectual property, namely:
The above laws, except Law Number 29 of 2000 regarding the Protection of Plant Variety, are administered by the Directorate General of Intellectual Property Rights of the Ministry of Law and Human Rights. Law Number 29 of 2000 is administered by the Center for the Protection of Plant Variety of the Ministry of Agriculture.
Registering a company’s trademark doesn’t guarantee it is entirely safe. Hence, using ® or ™ in your trademark to affirm to the public that the company’s trademark is registered is another good way to avoid any infringements on it.
A company is not obliged or required to obtain permission to use this symbol. The ® symbol is used after the Directorate General of Intellectual Property Rights issues the trademark certificate, and the ™ is for an approved trademark that has not formally been registered yet.
In Indonesia, trademark registration applies nationally. If a trademark isn’t used for 3-5 years from the registration date, the certificate will be revoked, and holders will lose their rights to the trademark.
The Indonesian government is revising the Indonesian Trademark Act, which the Madrid Protocol will supersede by the end of 2015. Under the Madrid Protocol, foreign applicants can register their trademark in one application, one language, with one single office, one set of fees, and one currency. With this registration process, Indonesia will still have the right to decide whether to protect the proposed trademark or not.
Since piracy is prevalent in every country, patenting your goods and services with a trademark is the best choice you can make for your business. It is important to register your trademark with authority because of the following benefits:
To complete the registration process of a trademark in Indonesia, follow the following steps:
If your application is approved, World Intellectual Property Organization (WIPO) Indonesia will add your trademark to their list. The whole application process, until it is approved or rejected, takes between 12 to 24 months. Your trademark will be valid for 10 years and can be renewed.
Intellectual property (IP) law protects the original creation and innovation from being stolen. There are four types of IP rights: trade secrets, trademarks, copyrights, and patent rights. In some cases, clients need to obtain more than one of these rights to secure their protection. To protect client ideas effectively, consider securing the IP rights of the client’s ideas/creations before launching the products in the market.
Our certified IP associates assist with preliminary trademark investigation, advisory on IP issues, registration of trade secrets, trademarks, copyrights, and patent rights and their maintenance. We ensure clients register in the correct class and regularly follow up on ongoing registration. When required, we can represent the client in negotiations or perform necessary legal procedures in the event of IP-related disputes.
The Law of Republic Indonesia Number 20 of 2016 regarding Copyright and Geographical Indication
The Law of Republic Indonesia Number 19 of 2002 regarding Copyright
The Law of Republic Indonesia Number 14 of 2001 regarding Patent
The Law of Republic Indonesia Number 15 of 2001 regarding Trademark
The Law of Republic Indonesia Number 29 of 2000 regarding Protection of Plant Variety
The Law of Republic Indonesia Number 30 of 2000 regarding Trade Secret
The Law of Republic Indonesia Number 31 of 2000 regarding Industrial Design
The Law of Republic Indonesia Number 32 of 2000 on Layout Design Of Integrated Circuits
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