Intellectual Property Laws at Indonesia
Indonesia has established a comprehensive legal framework to protect intellectual property (IP) rights, aligning with international standards and treaties. Here's an overview of the key aspects of IP law in Indonesia:
🏛️ Legal Framework
Indonesia's IP system is governed by several laws and regulations
Patent Law (Law No. 13 of 2016): Regulates patents, including provisions on compulsory licensing and the use of patents in Indonesia
Trademark Law (Law No. 14 of 2016): Covers the registration and protection of trademarks
Copyright Law (Law No. 28 of 2014): Protects literary, artistic, and scientific works
Industrial Design Law (Law No. 31 of 2000): Provides protection for the aesthetic aspects of products
Trade Secrets Law (Law No. 30 of 2000): Protects confidential business information. These laws are administered by the Directorate General of Intellectual Property Rights (DGIPR) under the Ministry of Law and Human Rights
📄 Types of IP Protection
1. Patents
Protection Granted for inventions that are novel, involve an inventive step, and are industrially applicable.
Duration 20 years from the filing date for standard patents; 10 years for simple patent.
Note Indonesia operates a 'first to file' principle.
2. Trademarks
Protection Distinctive signs identifying goods or service.
Duration 10 years from the filing date, renewable indefinitely.
Note Applications undergo substantive examination and must meet criteria such as not being misleading or conflicting with public order.
3. Copyright
Protection Original literary, artistic, and scientific works, including books, music, films, and software.
Duration Life of the author plus 70 years.
Note Protection is automatic upon creation; registration is voluntary but provides legal certainty.
4. Industrial Designs
Protection The aesthetic aspects of product.
Duration 5 to 10 years, non-renewable.
Note Protection is granted upon registration with the DGIP.
5. Trade Secrets
Protection Confidential business information providing a competitive edge.
Duration Indefinite, as long as the information remains confidential.
Note Protection is governed by the Trade Secrets La.
🌐 International Treaties
Indonesia is a member of several key international IP treaties, including:
Paris Convention for the Protection of Industrial Property
Berne Convention for the Protection of Literary and Artistic Works
WIPO Copyright Treaty
Madrid Protocol for the International Registration of Marks
*ASEAN Patent Examination Cooperation (ASPEC)
These treaties facilitate the international protection of IP rights and ensure that Indonesian creators and businesses receive reciprocal protection abroad.
⚖️ Enforcement and Legal Action
Enforcement of IP rights in Indonesia involves:
*Civil Actions: Rights holders can file lawsuits in the Commercial Court for infringement.
*Criminal Actions: Infringements can lead to penalties, including fines and imprisonment.
*Customs Enforcement: The Directorate General of Customs and Excise can seize counterfeit goods at the border.
The DGIPR plays a crucial role in managing and enforcing IP laws, including granting IP rights, maintaining registers, and resolving disputes.
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