Services » Intellectual Property Service

Intellectual Property Service

Written by Yovitha Manuella S. L. Tobing on 24/07/2024
The author’s views are entirely their own and may not always reflect the views of Putranto Alliance.

Introduction

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.

Definition

Intellectual Property Rights (IPR) encompass various rights granted to the results of the creative and intellectual activities of a person or legal entity. These rights include:

Copyright: Protects original works such as writings, music, art, films, computer programs, and other creative works.
Patents: Protect new inventions or technological innovations with novelty, inventive activity, and industrial applicability criteria.
Trademarks: Protect the name, logo, or symbol used to identify a particular product or service of a company.
Industrial Design: Protects the aesthetic aspects or layout of a product that is unique and distinct from similar products.
Trade Secret: Protects information or data not known to the public and has economic value due to its secrecy.
Geographical Indication: Identifies a product from a particular region with qualities, reputation, or characteristics native to that region.
Integrated Circuit Layout Design: Protects registered integrated circuit designs or layouts from being duplicated or distributed without authorization.
Plant Varieties: Provides special protection for the owner of the right to use the variety they have bred.

The Importance

Recording and registering Intellectual Property Rights (IPR) is crucial for several reasons:

Proof of Ownership: Creates clear written evidence of ownership, useful to avoid legal disputes and makes it easier for right holders to prove they are the creator or rightful owner.
Stronger Legal Protection: Registered IPRs provide stronger legal protection and can enforce the rights more effectively in infringement cases.
Increased Commercial Value: Registered IPRs tend to have higher commercial value, becoming valuable assets to the company and increasing customer confidence.
Protection from Misuse: Prevents misuse and theft of works or innovations, allowing right holders to take legal action against unauthorized use.
Encourages Innovation and Creativity: Provides economic benefits and protection, motivating creators or inventors to continue producing works or innovations.

The Best Time to Do

The best time to record and register Intellectual Property Rights (IPR) is as soon as the work, invention, or innovation is created or developed. Early registration ensures:

Immediate Protection: Provides immediate legal protection against infringement.
Market Advantage: Secures a competitive edge in the market by establishing ownership and preventing others from using the intellectual property.
Investment Attraction: Attracts investors by showcasing a well-protected and legally recognized asset.

Benefits

The benefits of recording and registering Intellectual Property Rights (IPR) include:

Legal Security: Ensures legal recognition and protection of intellectual property.
Economic Gains: Enhances the commercial value and marketability of the intellectual property.
Innovation Incentives: Encourages continuous innovation and creativity by providing economic rewards and protection.
Dispute Resolution: Facilitates easier resolution of intellectual property ownership and infringement disputes.

How to/The Process

The process of recording and registering Intellectual Property Rights (IPR) in Indonesia involves several steps, depending on the type of intellectual property, which are as follows:

Trademark Registration Process:

Application Submission: Submit the application to the Directorate General of Intellectual Property (DG IP).
Formality Checking: Conduct formality checking for 15 days.
Announcement: If the file is complete, it will be announced 2 months from the date of formality checking.
Substantive Checking: Conduct substantive checking for 150 days.
Registration and Certification: If approved, the trademark will be registered and a certificate will be issued.

Patent Registration Process:

Application Submission: Submit the application to DG IP.
Administrative Checking: Conduct administrative checking for 14 days.
Announcement: If the file is complete, it will be announced 18 months from the date of formality examination (3 months for simple patents).
Waiting Period: Wait for the announcement for 6 months (2 months for simple patents).
Substantive Checking: Conduct substantive checking for 30 months (12 months for simple patents).
Registration and Certification: If approved, the patent will be registered and a certificate will be issued.

Application Submission: Submit the application online by filling in every document and requirement specified.
Verification: DG IP will carry out the verification for 1 working day.
Registration and Certification: If approved, the copyright registration certificate will be issued.

How We Can Help

At Putranto Alliance, we assist companies in applying for IPR in accordance with applicable provisions and procedures. Our team will guide you through every step which are:

Registering and Recording
Our team provides guidance on navigating the regulatory landscape and procedures for registering and recording IPR in Indonesia, ensuring proper documentation and compliance with DG IP.
Agreement
We offer legal counsel on creating License Agreement, ensuring adherence to legal frameworks and requirements.
Dispute Resolution
Our team assists with IPR dispute resolution both litigation and non-litigation.

FAQs

What is a License Agreement in Intellectual Property?

License Agreement in Intellectual Property is a legal agreement between an intellectual property rights holder (licensor) and another party (licensee). This agreement grants specific permissions or rights to the licensee to use a particular intellectual property right (IPR). The license agreement must be registered with the Ministry of Law and Human Rights through the Directorate General of Intellectual Property (DG IP).

How can Intellectual Property Rights be transferred?

Intellectual Property Rights can be transferred through various means, including:

Inheritance
Will
Waqf
Grant
Agreement
Other reasons justified by laws and regulations

What are the options for Intellectual Property Dispute Resolution?

Intellectual Property disputes can be resolved through:

Litigation: This involves taking the dispute to a general court.
Non-Litigation: These include Alternative Dispute Resolution methods such as:
- Negotiation
- Mediation
- Consolidation

Can foreign entities register their Intellectual Property Rights in Indonesia?

Yes, foreign entities can register their Intellectual Property Rights (IPR) in Indonesia. They must comply with Indonesian laws and regulations and typically need to appoint a local representative or agent to handle the registration process on their behalf.

What are the penalties for not registering Intellectual Property Rights in Indonesia?

The specific penalties for not registering Intellectual Property Rights (IPR) in Indonesia can vary depending on the type of IPR and the nature of the infringement. Generally, failure to register may result in a lack of legal protection, making it difficult to enforce rights and seek legal recourse in cases of infringement.

Contact Us

How may we address you?

May we have your email address?

What service category can we help you with?

How can we help?

Submission of this form indicates consent to data management in accordance with the privacy policy.

A response to the inquiry will be sent to the provided email within 2 working days.