Indonesia has IP Protection laws that allow you to register for trademarks, patents, designs, copyright, plant varieties, and geographical indications. The government agency governing the country’s IP system is the Directorate General of Intellectual Property (DGIP). Depending on the IP protection you’re applying for, you need to go to the right office.
Here are some things you should know about IP Protection in Indonesia:
You can either apply directly to the relevant office within the DGIP or enter using the national phase entry. You can do this through the Patent Cooperation Treaty (PCT). You need to file the patent in English and translate it to the local Indonesian language.
Indonesia will have a grace period of six months for inventors’ public disclosures, as long as they meet certain conditions. For third-party unauthorized disclosures, they have a 12-month grace period. It’s only possible if they’re under a non-disclosure agreement.
Take note, Indonesia has a Simple Patent system. Its provisions are similar to a normal patent, but it will only have a term period of 10 years from the filing date. As for its normal patent protection, it will last for a maximum of 20 years after the filing date.
If you don’t use your patent within three years, an interested party can apply for a compulsory license. Once approved, they will have the means of using your patent without repercussions.
Like most countries, copyright will apply as soon as you make an eligible work. The caveat is that the DGIP uses a voluntary registration system. It can give more protection since registered copyright can become hard to revoke.
Also, the registration can help third parties that want to ask for permission to use the copyrighted work. They can use it as evidence that they own it. Regardless, most published work will have protection for the author’s lifespan with an addition of 70 years.
Indonesia uses the “first-to-file” system when getting trademark rights. That means the party that filed the trademark application in Indonesia first will have the sole rights over the trademark. It doesn’t matter whether an earlier party used it but never registered.
Upon finishing the Indonesia trademark registration process, it will remain valid for 10 years. You can renew it for an unlimited number of times every 10 years. You’ll need to declare your intent of use and pay the necessary fees to renew it.
You’re responsible for protecting your IP. That’s why you need to make an effort to track the Indonesian marketplace for any party using it without your permission. The Indonesian IP law isn’t simple, so you need to consult professionals for help.
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