OVERVIEW of INTELLECTUAL PROPERTY REGISTRATION IN INDONESIA The Indonesian intellectual property rights laws presently consist of a framework for

trademarks, patents, copyrights, industrial designs, layout-designs of integrated circuits and undisclosed information. The relevant legislations were enacted from the late 1980s and have just recently been further amended. The relevant registrations will legally protect the registered owner from any unauthorized use of their intellectual property by other parties. Indonesia has also ratified the Paris Convention for Protection of the Industrial Property, the Hague Agreement Concerning the International Deposit of Industrial Design and has entered into several treaties with other countries specifically concerning intellectual property rights. Indonesia presently recognizes the following types of intellectual property rights; which are divided into 2 categories: I. II. 1. 2. 3. 4. 5. 6. Copyrights; Industrial Property Rights, consist of: Patents; Trademarks/Service Marks; Industrial Designs; Layout-Designs (Topographies) of Integrated Circuits; Protection of Undisclosed Information; Variety of Plants.

1. Copyrights The current Copyrights Law is Law No. 19 of 2002 which amended Law No. 6 of 1982 regarding Copyrights as amended by Law No. 7 of 1987 and last amended by Law No. 12 of 1997. The Copyrights is an exclusive right for Creator(s) or its Assignee to publish or to reproduce his/her/their creations or to authorize others to do so. A Creation is every created work in a form that expresses its originality in the field of sciences, arts or literature. The following creation in the field of sciences, arts and literature can be protected under the Copyrights Law: a. Books, computer programs, pamphlets, layout of published written creation, and other written creation; b. Key-note Speech, university lectures, Speech and any other similar creation; c. Model equipment which is used for educational and scientific purposes; d. Created songs or music with or without text; e. Play (drama) or musical drama, dancing, choreography, traditional puppet show and pantomime; f. Artistry in any kinds of paintings, drawings, engraved/carved arts, calligraphy, sculpture, statue arts, collage, and applied arts; g. Architectural designs;

h. Map; i. Art of batik; j. Photography; k. Cinematography; l. Translation, interpretation, adaptation, bunga rampai, database, and any other creation of transformation results. The period of protection of a published copyright is varied in accordance with the groups of the creation. The protection may be given for a period of 20 years, 50 years or for an indefinite period. Directorate General of Intellectual Property Rights (DGIP/Dirjen HaKI) organizing registration of Creations and recorded in General List of Creations and shall be able to access by public for free. Registration of creation into General List of Creations can be done with lodge an Application by Creator or Copyright Holder or Attorney to DGIP (Dirjen HaKI); file 4 copies of the application forms which written in Indonesian language and attached by sample of the creation or its substitute and receipt of payment for the registration fees. DGIP shall issue a decision within 9 months since the date of acceptance of Application. By Presidential Decree Number 18 of 1997 dated May 7, 1997, Indonesia has ratified the Berne Convention for the Protection of Literary and Artistic Works. II. Industrial Property Rights 1. Patents The new Patent Law is Law No. 14 of 2001, which amended Law No.6 of 1989 regarding Patent as amended by Law No. 13 of 1997 concerning Amendment of Law No. 6 of 1989 regarding Patent. Patent is an exclusive right granted by the State to an Investor for his/her invention in the field of technology, during which in a certain period the investor could personally exploit the invention or authorize another person to exploit it. The protection of a Patent invention can be given for period of 20 years since the Date of Acceptance and that period cannot be extended. Every invention constitutes a new object, product or equipment, which has a practical usage value to the form, configuration, construction or composition can be given protection in the form of utility patent. The protection of a Utility Patent can be given for period of 10 years since the Date of Acceptance and that period cannot be extended.

The protection of a Patent can be done by lodge an Application to DGIP (Dirjen HaKI). Each Application form can only be lodged for one Invention or some Inventions which parts of one Invention (as a unity). The Application shall be written in Indonesian language and attached with the picture/sketch/drawing and receipt of payment for the registration fees. By Presidential Decree Number 16 of 1997 dated May 7, 1997, Indonesia ratified the Patent Cooperation Treaty (PCT) and Regulations under the PCT. 2. Trademarks/Service Marks The new Trademark Law is Law No. 15 of 2001, which amended Law No. 19 of 1992 regarding Trademark as amended by Law No. 14 of 1997 concerning Amendment of Law No. 19 of 1992 regarding Trademark. The current Law is stipulating Trademarks and Service Marks. Mark is a sign in the form of a picture, name, word, letters, figures, color composition or a combination of such elements, as long as such mark possesses distinguishing features and is used in the trade of goods or services. The Indonesian Government has explicitly stated that its emphasis is on better protecting well-known trademarks against duplications made in bad faith, especially to take advantage of the fame of the well-known trademark. The new law even specifically provides for holders of well-known trademarks to claim for the Indonesian Government to revoke an infringing mark. The Indonesian Government has also ratified the Paris Convention for the Protection of Industrial Property and Convention Establishing the World Intellectual Property Organization and the Trade Mark Law Treaty on May 7, 1997. The following are the procedures for filing application for trademarks registration under the current trademark law: A. Registration File 4 copies of the Application forms, which are available from the DGIP (Dirjen HaKI) Office. The Application shall be in written in Indonesian language and lodged to The DGIP, contain the following: a. The date, month and year of the application; b. The full name, citizenship and address of the applicant; c. The Power of Attorney (the full name and address of the attorney if the applicant appointed an attorney); d. The color of the trademark or service mark, if such color is one of the characteristic of the trademark; and e. The name of the country and date of the first application, when the application is lodged based on the priority right.

The Application shall be signed by the Applicant or by his/her/their Attorney; The Application attached with receipt of payment for the registration fees; A declaration letter signed by the owner of the trademark or service mark is stating that the applicant is the owner of the trademark to be applied for and that the trademark is not an imitation of any other mark, wholly or principally. The declaration letter must be in the Indonesian language or have attached to it an Indonesian translation if the declaration letter is made in another language. The declaration shall be in the stamped letter required; 25 samples of the trade mark to be registered. If the samples use a foreign language or numerals that are unknown in Indonesia, they shall have attached to them an Indonesian translation or numerals used in Indonesia. The samples shall be a minimum 2x2 cm and maximum 9x9 cm in size; In the event of the Application lodged by more than one Applicant that altogether have the rights of such Marks, every Applicant’s names are include by choosing one of the addresses as their address; In the event of such Application is signed by one of the Applicant who has the rights of such Marks by attaching a written approval from the other Applicants; In the event of such Application lodged by their Attorney, then the Power of Attorney shall be signed by all parties who have the rights of such Marks; In the event of the Applicant is a legal entity, shall be attached with the official copy of Deed of Establishment or copy of such Deed that legalized by the Notary; The Application that submitted by the Applicant who domiciled or has permanent residence outside the territory of Republic of Indonesia shall be lodged through his/her/their Attorney in Indonesia, shall state and choose the Attorney’s domicile as his/her/their legal domicile in Indonesia; A copy of Applicant’s Identity Card. The Application for 2 (two) goods class or more and/or services can be lodged in one Application with mentioning the types of goods and/or services that included in class which is the Application submitted. B. Verification of the Completion of Marks Application Requirements The completion of all the requirements shall be fulfilled in 2 (two) months; If all the administrative requirements are fulfilled, the Acceptance Date is given in the Application. C. Substantive Verification and Announcement of Application

Conducted in no longer than 30 (thirty) days since the Acceptance Date and shall be settled in no longer than 9 (nine) months; If it is approved to be submitted, in no longer than 10 (ten) days since the approval date to be submitted, the Application shall be announced in Official Gazette of Marks for 3 (three) months and any other party may give an objection in written with fees; If there is an objection, the Applicant/Attorney has the right to give rebuttal statement in writing in no longer than 2 (two) months since the acceptance date of such copy of objection. D. Re-examination If there is no objection, DGIP (Dirjen HaKI) issues and gives Marks Certificate in 30 (thirty) days since the due date of the announcement period; If there is an objection, then shall be re-examination and be settled in no longer than 2 (two) months since the due date of the announcement period; If the objection is refused, then the Application will be approved to be registered in General Register Marks and the DGIP (Dirjen HaKI) will issue and give Marks Certificate in no longer than 30 (thirty) days since the approval date of such Application to be listed in General Register Marks. E. Appeal Application The application for Appeal can only be submitted for objection of Application which related to substantive matters; Submitted in written to the Marks Appellant Commission with fees and submitted in no longer than 3 (three) months since the notice of such objection of the application; The decision of the Marks Appellant Commission is given in no longer than 3 (three) months, if it is granted then the DGIP (Dirjen HaKI) will execute the announcement, if it is rejected then can be submitted an appeal to the Commercial Court and to such decision of the Commercial Court only a cassation can be submitted. 3. Industrial Designs Industrial Designs Law No. 31 of 2000 was made based on Indonesian ratification on Agreement Establishing the World Trade Organization which is consist of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) with Law No. 7 of 1994.

Industrial Design is a creation of shape, configuration, or composition of line or color, or line and color, or lines and color altogether in form of three dimension or two dimension which give an aesthetical value and can be materialization into three dimension pattern or two dimension also can be use to produce a product, goods, industrial commodity, or handy-crafts. Protection to Industrial Design is given for period of 10 years since the Date of Acceptance. Industrial Design Right can be done by lodge an Application in written form in Indonesian Language to DGIP (Dirjen HaKI) attached with physical sample or draw or picture and description of the design; with pay registration fees and signed by the Applicant or Attorney. Each Application only can be submitted for one industrial design or some industrial designs as a unity or have same class. 4. Layout-Designs (Topographies) of Integrated Circuits Law No. 32 of 2000 regarding Layout-Designs (Topographies) of Integrated Circuits was made based on Indonesian ratification on Agreement Establishing the World Trade Organization which is consist of Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) with Law No. 7 of 1994. Right of Layout-Designs (Topographies) of Integrated Circuits is an exclusive right granted by State of Republic of Indonesia to Designer for his/her/their creation for current period to accomplish by himself/herself/themselves, or authorize other to accomplish the right. The right is given for original design to designer since the first time the design was commercially exploited in anywhere, or since the Date of Acceptance. In the event that the design was commercially exploited, the Application shall be submitted within 2 years since the first date of exploited. The protection of Layout-Designs (Topographies) of Integrated Circuits is given for period of 10 years. The Right of Layout-Designs (Topographies) of Integrated Circuits can be done by lodge an Application in written form in Indonesian Language to DGIP (Dirjen HaKI) with pay registration fees, and signed by Applicant or Attorney and attached with: a. A copy of design draw or picture and description of the design; b. Power of Attorney; c. Letter of Declaration stated that the design is own by the Applicant; d. Identification Paper described the date of the first time the design was commercially exploited before the Application submitted.

Each Application only can be submitted for one Layout-Designs (Topographies) of Integrated Circuits. 5. Protection of Undisclosed Information

Law No. 30 of 2000 regarding Undisclosed Information was made based on Indonesian ratification on Agreement Establishing the World Trade Organization which is consists Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) with Law No. 7 of 1994. Undisclosed Information received protection if the information undisclosed, have economic value in trade activity and classify from public in field of technology and/or business. The protection covering production method, manufacture method, sell method, or any other information in field of technology and/or business that have economic value and not a public knowledge. The owner of Undisclosed Information has rights to: a. Use his/her/their own undisclosed information; b. Give a license to or prohibit other party to use the undisclosed information or exploit the undisclosed information to third party for commercial interest. In any form of those right transitions shall be registered to DGIP (Dirjen HaKI) with pay registration fees.

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