Indonesia is a party to various conventions relating to IPRs such as the Berne Convention, Paris convention, Convention Establishing the World Intellectual Property Organization, WIPO Copyright Treaty, International Convention for the Protection of New Plant Varieties, Patent Cooperation Treaty and World Trade Organization (“WTO”) Agreement including the Agreement on Trade related Aspects of Intellectual Property Rights (“TRIPs”). To fulfill the provision TRIPs, Indonesia has enancted 7 laws relating to IPR, namely patent, marks, industrial designs, trade secrets, IC lay out design, plant varieties and copyright and related rights.
Effective of 1st August 2001, Indonesia has a new Patent Law (Law No.14 / 2001) in compliance with TRIPs. Local patent applicant can apply patent applications to the Directorate General of Intellectual Property Rights, the Department of Justice and Human Right. Foreigners must apply through a patent consultant in Indonesia. The patents law provide 2 (two) types of patent Standard patent and simple patent.
A new law on mark is law No.15/2001 covering for goods and services. This mark law adopts a first to file in which the state grants the right of mark to a person who has registered his her mark at the Directorate General of Intellectual Property Rights, the Department of Justice and Human Right.
One of the consideration for the enactment law No.31 / 2001 on the Design Law is that Indonesia is rich with differences resulting from its various ethnical groups and cultural diversities. Previously, Indonesia has had Law No.5/1984 on industry which stipulates the definition of industrial designs. Unfortunately its implement regulations on industrial design registration have not been issued yet. The design law adopts a first to file principle in which the stage the right of industrial design to a person who has registered his or her design at the Directorate General of Intellectual Property Rights, the Department of Justice and Human Right.
Trade secrets are protected in Indonesia Law number 30/2000. Such protection is granted if the technological or business information is required by the Trade Secrets Law. However, the trade secret license agreement and trade secret assignment must be recorded at the Directorate General of Intellectual Property Rights, the Department of Justice and Human Right and announced in the Official Trade Secret Gazette. If the license agreement and assignment are not recorded they will not be valid to the third parties.
Integrated Circuits lay – Out Design (“IC Designs”)
Indonesia has now a law on IC Design (Law No.32/2000). According to this IC Design Law, an integrated circuit lay – out design can be registered for protection by the Law for a period of 10 years calculated as of the first time the IC Design is commercially exploited anywhere or as of the date the relevant authority receives the application provided that the application has fulfilled all the administrative requirements. In consideration of the rapid technical development in relation to the IC Designs, the term of protection cannot be extended. Applicants who live outside Indonesia must submit the application via a registered consultant of IPRs in Indonesia. It is unclear, however, whether an implementation regulation with respect to this Law is to be issued in the near future, providing guidance as to how to proceed with registration. As it is, interested parties are not, as yet, able to proceed with the registration of an IC design.
Plant Varieties Protection (“PVP”)
Indonesian enacted law No.29 / 2000 concerning PVP which protects breeder’s right, so that the breeder has a motivation to invent the new plant variety needed in agricultural development, especially in the field of agribusiness industry. At present agricultural sector becomes a very important support for recovering Indonesian economic.
Copyright and Related Rights
The copy right law (Law 19/2002) protects the work in the field of art, literary and science including related rights. The related rights cover copyright protection for performance, producers of sound recording and broadcasting institutions.
Unlike most rights in the IPRs system, Copyright and related rights are granted not upon registration. This means that every work whether it is registered or not will be protected by the Copy Right Law. However, it is advisable to register the copyright in order to simplify in providing evidence at the Commercial Court if there is a copyright infringement.
The copy right law applies to the following works, namely :
- Indonesia citizens, people and legal entities
- Non – Indonesian citizens, non – Indonesian people and non legal Indonesian entities, which are for the first time published in Indonesia and
- Non – Indonesian citizens, non – Indonesian people and non – Indonesian legal entities provided that the foreign country signs a bilateral agreement with Indonesia for the copyright protection or the foreign country and Indonesia are parties or sign a bilateral agreement with Indonesia for the copyright protection or the foreign country and Indonesia are parties or signatories to the same multilateral agreement for the copyright protection.