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How does one obtain the protection?

There are different ways of obtaining IPR under Indonesian Laws due to different areas of
the IP covered under Indonesian Laws.
Copyrights: Copyrights is obtained by registration. Firstly, by filing the form downloaded in
http://www.dgip.go.id/hak-cipta/formulir-permohonan. Then, attach the example of
creation and description of it, attach proof of citizenship of creator, proof of legal entity if
application is a legal entity, attach power of attorney. Another alternative to submit
copyright request is by directly going to the Directorate General of Intellectual Property
Rights through the Office of the Ministry of Justice and Human Rights throughout Indonesia
through legal representation of registered IPR Consultations. Regulated in Chapter 10 of Law
No 28 Year 2014 on Copyrights.
Patent: Patent right is obtained through Directorate General of Intellectual Property Rights.
The procedure is by applying patent right by filling a form, must attached special power of
attorney obtained through Patent consultant, attach letter of transfer of rights if the
application is submitted by non-inventor party, clear description of the invention and real
priority proof. There is an amount needed to be paid for the application of patent right. The
application of patent right is quite similar to application for copyrights. Regulated in Chapter
3 of Law No 13 Year 2016 on Patent.
Trademark: First of all, before submitting the application requirements to get a trademark,
one should make sure whether his/her trademark is original. Similar like prior IPRs, this is
registered through http://www.dgip.go.id as well, complete all the inquiries like form, other
necessary private documents (KTP, NPWP, PoA), prepare 30 examples of brand with size of
9x9cm maximum, 2x2cm minimum and provide the list of goods or services under such
brand. Procedure of registering trademark is divided into two, the application of trademark
by direct applicant and by verification process done by Directorate General of Intellectual
Property Rights. Regulated in Chapter 3 of Law No 15 Year 2001 on Trademark.
Integrated Circuit Layout Design: The right for this is given based on application written in
Indonesia to Directorate General of Intellectual Property rights. Inquiries, requirements and
other documents to be completed are similar to previous one and each request can only be
submitted for one Integrated Circuit Layout Design. Regulated in Chapter 3 of Law No 32
Year 2000 on Integrated Circuit Layout Design.
Trade Secret: There are two ways of registering trade secret. Under individual that only
needs copy of ID and 4x6cm photo of 1 each or under corporation that needs ID copy, SIUP,
TDP, legalized Notary Certificate of 1 each, a copy of decree from Minister of Justice, 4x6cm
photo. The validity is lifetime, price to be paid is regulated in Chapter 5 of Law No 30 Year
2000 on Trade Secret.
Industrial Design: The ways on how to obtain Industrial Design protection are mentioned
and explained clearly under Government Regulation No 1 Year 2005. It should also qualify
substantial requirements (has aesthetical value, visible creation, applicable to industrial and
hand crafted products, novel creation, not contradict with ethnicity, religion, race and inter-
group relations, fulfill the administrative requirements, the request for application of
Industrial Design is not invoked.

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