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China Dominates Patent Grants, Beating USA & Japan

Patent

Patent grants involve a comprehensive examination and review by the relevant government authority to ensure that the invention satisfies specific legal requirements such as novelty, non-obviousness, and industrial applicability.  The patent office conducts a search to determine if the invention has already been patented or disclosed by others and may request additional information or amendment of the application. The high volume of patent applications can also cause delays in the processing of the application. These measures are in place to ensure that only truly innovative and practical inventions are granted patent protection. That’s why it takes more than a year to be granted. The following chart was created based on Patent application data in 2021 that have been granted as of February 2023, where China dominates with 607,758 patents or about 38% of the total. In addition, China dominates in 29 categories: 1. Computer & Technology 2. Electrical, Machinery, Apparatus, & Energy 3. Digital Communication 4. Measurement 5. Transport 6. Civil Engineering 7. Other Special Machines 8. Audio Visual Technology 9. Machine Tools 10. Chemical Engineering 11. Handling 12. Pharmaceuticals 13. Materials & Metallurgy 14. Control 15. Mechanical Elements 16. Telecommunications 17. Basic Materials Chemistry 18. Biotechnology 19. Organic Fine Chemistry 20. IT Methods for Management 21. Macromolecular Chemistry & Polymers 22. Other Consumer Goods 23. Environmental Technology 24. Thermal Processes & Apparatus 25. Surface Technology Coating 26. Textile & Paper Machines 27. Food Chemistry 28. Analysis of Biological Material 29. Micro Structural & Nano Technology 30.  31. 32.  33.    Meanwhile, the United States only obtained 286,206 patents granted, only 18% or less than half of China’s total. The United States only dominates in the categories of Medical Technology, Engine Pumps & Turbines, Basic Communication Processes, and Other Unknown Inventions. Next, there is Japan with 256,890 patents granted, or about 16% of the composition. Japan leads in the categories of Semiconductors, Optics, as well as Furnitures & Games.     What about Indonesia? Data from WIPO (World Intellectual Property Organization) which can be accessed through www3.wipo.int/ipstats/ shows that Indonesia only had 756 patents granted in 2021. This number is lower than Singapore with 4,034 and Malaysia with 1,583. These Indonesian patents are dominated by inventions originating from state universities, such as Andalas University, Brawijaya University, Gadjah Mada University, Diponegoro University, and Bandung Institute of Technology. If you need further information about patent registration in Indonesia and other countries, please do not hesitate to contact us at [email protected]. Sources: OBIS: omnibisolutions.com WIPO IP Stats

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See you at the upcoming INTA 2023 Annual Meeting in Singapore, May 16-20 | 2023

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AFFA Intellectual Property Rights – Indonesia & Timor Leste are delighted to announce that our team members, Emirsyah Dinar (Managing Partner), Fariz Syah Alam (Partner – Trademark), and Amelia Zafin (Associate – Trademark), will be attending the highly anticipated International Trademark Association (INTA)’s 145th Annual Meeting in Singapore this May.  As a leading global association of trademark owners and professionals, INTA’s annual meeting is a must-attend event for IP practitioners around the world. Our team members’ attendance provides a unique opportunity to network with other professionals in the industry, gain insights into the latest trends and best practices, and showcase our firm’s expertise. We look forward to meeting you during the course of the Annual Meeting.

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Indonesia Remains on the USTR 301 Priority Watch List in 2023

Intellectual Property

As of 2023, Indonesia is still on the Priority Watch List due to the difficulties faced by U.S. right holders in obtaining adequate protection and enforcement of intellectual property (IP), as well as fair market access. According to the report, there is still rampant piracy and counterfeiting, with concerns persisting regarding the enforcement of IP rights. This includes insufficient penalties for infringement and ineffective border enforcement. Stakeholders have raised concerns about Indonesia’s Copyright Law and are pushing for revisions, while online piracy and unlicensed software usage remain problematic. The Directorate General for Customs and Excise, according to the report, has limited effectiveness due to a recordation system with only a few trademarks and copyrights, and foreign right holders face barriers in benefiting from the system. Additionally, there are concerns about Indonesia’s law on geographical indications and patent law, which raise questions about pre-existing trademark rights and patentability criteria, respectively. There is no effective system to protect against the unfair commercial use of undisclosed test or other data for marketing approval for pharmaceutical and agricultural chemical products. Market access barriers in Indonesia are also a concern, including regulations that limit foreign participation in the film sector. Although there has been some progress in addressing these issues, significant challenges remain. In 2022, Indonesia expanded its IP Enforcement Task Force to improve coordination on enforcement, but the United States encourages Indonesia to use the task force to enhance cooperation among relevant agencies and to pursue larger cases against criminal organizations involved in counterfeiting and piracy. Recently, Indonesia revoked the Omnibus Law on Job Creation, which had removed requirements for patents to be worked in Indonesia, and replaced it with new regulation. However, the United States, through the report, encourages Indonesia to undertake a more comprehensive amendment to the 2016 Patent Law and other legislation, and to provide affected stakeholders with meaningful input opportunities. Nevertheless, from the Indonesian perspective, we ought to see more changes and improvements, albeit at times they are incremental. Strong and robust laws and regulations will reassure the right holders, regardless of their nationalities, to invest more (as well as protecting their IP) in Indonesia. Source: https://ustr.gov/sites/default/files/2023-04/2023%20Special%20301%20Report.pdf 

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在印度尼西亚申请商标的要求

Intellectual Property

AFFA可以协助我们的中国客户在印度尼西亚保护他们的商标。以下是要求： · 授权书（简单签署 – 不需要公证/认证）»附加 · 商标所有人声明（简单签署 – 不需要公证/认证）»附加 · 商标样本（最好是Jpeg格式） · 如果申请提出优先权，则需要优先权文件的认证副本及其英文翻译 商品和服务 请注意，申请人应参考马德里商品和服务经理，以了解可接受的商品和服务。非标准项目将无法包含在申请表中。 证书 最近提交的申请将以电子格式发放证书。 请注意，从提交到商标证书发放可能需要大约12-14个月。阶段如下： 提交 形式审查（15天） 发布（2个月） 审查 注册号发放 商标证书发放 请联系 [email protected]; [email protected] 获取进一步协助。微信 AFFAIPR.

Highest-IP-Filings

Indonesia Listed as One of the Countries with the Highest IP Filings in the World

Event, Intellectual Property

Indonesia has made its way to be recognised among the top 10 countries in the world with the most Trademark filings. According to WIPO’s report in 2022, Indonesia recorded 127,142 Trademark filings – the number is higher than Vietnam (113,079), Argentina (85,844), the Philippines (64,946), and South Africa (39,863). This accomplishment is also complemented with a statistic which shows Indonesia as one of the countries with the highest number of Simple Patent filing with a total number of 3,249 applications. However, this number is significantly lower than China (2,852,219), Germany (10,576), Japan  (5,238), and just below Thailand by a slight margin (3,762). This achievement is made possible by the continuous digital improvement strategized and implemented by the Directorate General of Intellectual Property of the Republic of Indonesia (DGIP).  The DGIP also has other notable improvements that are worth mentioning, such as the automatic Trademark renewal certificate issuance, automatic Copyright recordation certificate issuance, automatic license notification issuance, and automatic Trademark registration excerpt issuance. These improvements are hoped to be in full operation from 2023 and we certainly hope these improvements will be extended to other important features of IP filings in Indonesia. For more information about how you can protect your IP in Indonesia, please contact us at [email protected].