FAQs: The Legal Framework of Trademark Protection in Indonesia - AFFA IPR

Frequently Asked Questions about the Legal Framework of Trademark Protection in Indonesia

Intellectual Property, Trademark

Prevailing Laws and Regulations Q: What is the primary legislation governing Trademarks in Indonesia?   A: Law No. 20 2016 on Marks and Geographical Indications (the Trademark Law) is the primary law concerning Trademark in Indonesia. Several provisions in the Trademark Law were then amended under the Law No. 11 Yeat 2020 in Job Creation, and then further amended under the Law No. 6 Year 2023 on the Enactment of a Replacement Government Regulation in Lieu of the Law No. 2 Year 2022 on Job Creation as Law.   Moreover, there are several by-laws that regulate more specific matters, such as, but not limited to:   Government Regulation No. 28 2019 concerning Types and Tariffs of Non-Tax State Revenues Applicable to the Ministry of Law and Human Rights. This regulation sets the official fees for various actions that can be filed before the Directorate General of Intellectual Property (DGIP) under the Ministry of Law and Human Rights of the Republic of Indonesia. Government Regulation No. 22 2018 concerning International Registration of Marks Under the Protocols Relevant to the Madrid Agreement Concerning the International Registration of Marks. This regulation covers all aspects of international registrations filed to or from Indonesia. Government Regulation No. 90 2019 concerning The Trademark Appeal Commission, which was established on 29 August 1995 concerning Procedures for Application, Examination and Settlement of Appeals at the Mark Appeal Commission. The Ministry of Law and Human Rights of the Republic of Indonesia Regulation No. 12 2021 concerning Amendments to the Ministry of Law and Human Rights of the Republic of Indonesia Regulation No. 67 of 2016 concerning Trademark Registration Decree of the Director General of Intellectual Property in the Field of Trademarks. The ministerial regulation prescribes, among others, the requirements of registration, classes of goods and services, rectification of issued certificates and recordals.   International Law Q: Which international Trademark agreements has Indonesia signed?   A: Indonesia has ratified various agreements concerning Trademarks, such as the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, the Trademark Law Treaty and the Paris Convention.   Regulators Q: Which government bodies regulate the Trademark Law?   A: The Directorate General of Intellectual Property (DGIP) under the Ministry of Law and Human Rights of the Republic of Indonesia is the relevant body that administrates the protection of all Intellectual Properties, including Trademarks. The DGIP goes beyond regulating and implementing the law, it is also responsible for proactively disseminating the information pertaining to the importance of IP protection through various means, such as podcasts, YouTube videos, Instagram posts and seminars conducted around Indonesia. Should you need more information regarding Legal Framework of Trademark in Indonesia, please do not hesitate to contact us via [email protected].

The Management of Royalties for Secondary Use Licenses for the Copyright of Books and/or other Written Works in Indonesia - A Closer Look at the Minister of Law and Human Rights Regulation Number 15 of 2024 - AFFA IPR

The Management of Royalties for Secondary Use Licenses for the Copyright of Books and/or other Written Works in Indonesia – A Closer Look at the Minister of Law and Human Rights Regulation Number 15 of 2024

Intellectual Property, Copyright

The Minister of Law and Human Rights of the Republic of Indonesia, Yasonna Laoly, has officially ratified the Minister of Law and Human Rights Regulation (Permenkumham) Number 15 of 2024 concerning Management of Royalties for Secondary Use Licenses for the Copyright of Books and/or Other Written Works.   What is meant by Secondary Use for Book Copyright and/or other Written Works are all activities as follows: printing; photocopy; scanning; screenshot; internet downloading; emailing; posting/uploading; storing; sharing; read aloud in a form of video and/or audio; live performing; or web scraping.   This regulation, published on June 12, 2024, is expected to increase income for book creators and publishers in Indonesia. It also regulates who receives, pays, and distributes royalties for books and other written works.   More specifically, this Regulation describes the following provisions: Royalty Recipient Creator of books and/or other written works who has become a member of the Collective Management Organization (LMK) in the field of books and/or other written works. Royalty Payer Secondary Users include: education units; colleges; educational institutions; research institutions; ministries/institutions/regional governments; private businesses that carry out document duplication activities; photocopying service business; electronic system administrator; broadcasting institutions; artificial intelligence (AI) developer; other Secondary Users in accordance with statutory provisions. Imposition of Royalties The amount of Royalty for Secondary Use of Book Creations and/or Other Written Works is determined by LMK in the field of Books and/or Other Written Works, the amount of which is stated in a mutual agreement stipulated in a written agreement between LMK and Secondary Users, and ratified by the Minister.   Secondary Use rates for educational units, universities, educational institutions, and micro and small businesses can be adjusted by submitting an application letter to LMK with supporting evidence. Royalty Distribution Royalties that LMK has withdrawn will be collected and distributed only to Creators of books and/or other written works who have become members of the LMK, and this is done at least 1 (one) time in 1 (one) year. The Indonesian Publishers Association (IKAPI) acts as LMK Currently, IKAPI has been designated as the first LMK in this field, and a supervisory team formed by the Minister of Law and Human Rights will monitor its performance and finances. Requirements to Become an LMK The Ministry of Law and Human Rights is still accepting applications for operational permits as LMK in the field of Books and/or other Written Works with the following requirements: in the form of a non-profit Indonesian legal entity; obtain authority from the Creator and/or Copyright Holder to collect, gather, and distribute Royalties; have authorized persons as members of at least 200 (two hundred) people who represent the interests of the Creator and/or Copyright Holder; aims to collect, gather, and distribute Royalties; able to collect, gather, and distribute Royalties to Creators and/or Copyright Holders; member of the LMK federation organization in the field of books and/or other written works of international reproduction; And have bilateral/reciprocal agreements with LMK in the field of Books and/or other similar written works in at least 5 (five) countries, government of a country’s particular administrative region and/or certain entities.   With the existence of Minister of Law and Human Rights Regulation Number 15 of 2024, it is hoped that the welfare of authors of books and/or other written works can increase, as well as encouraging the spirit of creativity and the creation of quality works in Indonesia.   Should you have further questions regarding Royalty Management for Secondary Use Licenses for Book Copyrights and/or Other Written Works in Indonesia, please do not hesitate to email us at [email protected].   Source: Directorate General Intellectual Property

Consequences of Late Payment Annuity Payment in Indonesia - AFFA IPR

Consequences of Late Patent Annuity Payment in Indonesia

Patent, Intellectual Property

Indonesian Patent Law No. 13 of 2016 outlines the process for maintaining your Patent throughout its 20-year term. This involves making timely annuity payments to the Indonesian Patent Office, hereafter called the Directorate General of Intellectual Property (DGIP). Here’s a breakdown of the key points:   First Annuity Payment This covers the period from your filing date up to one year after the grant date. It’s crucial to settle this payment within 6 months of receiving the grant notice. There’s  no grace period. Missing this deadline  invalidates your Patent, with no option for revival. No outstanding debt is created in this case.   Subsequent Annuity Payments These become due one month before the anniversary of your original filing date for each remaining year of the Patent’s lifespan.  For example, if you filed your Patent application on November 9th, all subsequent annuity payments would be due on October 9th of each year.   Late Payment Option If you anticipate missing a deadline, you can request an extension from the DGIP through a registered and reliable Patent Consultant. This request must be submitted within 7 working days before the original due date. An extension allows for a maximum 12-month grace period, but comes with a penalty – a 200% surcharge on the official fee for the missed annuity.   Consequences of Missing Payments   Failing to make timely annuity payments, including missing the initial deadline or neglecting to request an extension with a surcharge, will result in the DGIP  invalidating your Patent. This means you lose all legal protection for your invention in Indonesia.   Recommendations:   Carefully record your Patent’s filing date and grant date to ensure timely payments. Consider setting calendar reminders for upcoming annuity deadlines. Consult a registered Patent Consultant for assistance with managing these payments and navigating potential late payment scenarios.   By staying informed and adhering to the regulations, you can ensure your Patent remains valid and enforceable throughout its 20-year term in Indonesia.   Should you have any questions about Patent annuity payments in Indonesia, please do not hesitate to contact us at [email protected].   Source: Law No. 13 of 2016 on Patents (Patent Law)

FAQs: Patent Office Proceedings in Indonesia - AFFA IPR

Frequently Asked Questions about Patent Office Proceedings in Indonesia

Patent, Intellectual Property

Patenting Timetable and Costs Q: How long does it typically take, and how much does it typically cost, to obtain a Patent?   A: The process of registering a patent in Indonesia involves several steps, including jling a Patent application, publication, examination and grant. The general process is as follows:   Filing a Patent Application: A Patent Application must be filed with the Indonesian Intellectual Property Office (DGIP). For PCT applications, the deadline will be 31 months from the earliest priority date. Late filing is possible with additional official fees.   Publication: The publication period in Indonesia lasts for six months. After the publication stage has been passed, the application will proceed to examination (as long as the applicant has filed for the substantive examination request).   Examination: After filing, the Patent Office will examine the Patent Application to determine if it meets the requirements for grant. This process may involve a review of the prior art and an examination of the novelty, inventiveness and industrial applicability of the invention.   Amendment: If the Patent Office finds that the Patent Application does not meet the requirements for grant, the applicant may be given an opportunity to respond to objections raised and amend the application to address any deficiencies. This can be in the form of an office action.   Grant: If the Patent Office determines that the Patent Application meets the requirements for grant, a Patent will be granted and the applicant will be issued a notice of allowance or grant and then will be followed with the issuance of a Patent Certificate, but very often the certificate is not issued for months or even years.   Maintenance: Once a patent has been granted, the applicant must take steps to maintain the Patent, including paying maintenance fees and renewing the patent as required. The first annuity payment must be paid within six months of the notice of allowance or grant.   On average, it takes approximately three to five years from filing to registration. We cannot comment on the costs given the variable conditions that affect it.   Expedited Patent Prosecution Q: Are there any procedures to expedite Patent Prosecution?   A: The DGIP, under the Ministry of Law and Human Rights of the Republic of Indonesia, has established various procedures under which the examination of a Patent Application may be accelerated. Under these procedures, the DGIP will advance an application out of turn for faster examination if the applicant files the following special requests through the ASEAN Patent Examination Co-operation (ASPEC) programme, the Indonesia – Japan Patent Prosecution Highway (PPH) programme, Indonesia – South Korea PPJ programme, or simply by providing the examiner in charge the granted corresponding claims from other patent offices (eg, the US Patent and Trademark Office (USPTO), Japan Patent Office (JPO), European Patent Office (EPO) and others).   ASPEC   ASPEC is a regional Patent work-sharing programme that involves nine ASEAN member states. The programme allows each participating Patent Office to share search and examination results to help applicants obtain corresponding Patents faster and more efficiently. The goal of ASPEC is to reduce duplication of search and examination work and produce high-quality examination reports. By obtaining examination results from other countries in the participating Patent Offices, applicants can accelerate the examination process, as long as the corresponding claims are the same.   When requesting ASPEC, the Patent Applicant is required to submit an ASPEC request form to the second Patent Office. The form must be accompanied by the following documents: a copy of the search and examination (S&E) report or the examination report (minimum documents) of a corresponding application from the first IP Office, and a copy of the claims referred to in the minimum documents submitted, with at least one claim determined by the first IP office to be allowable or patentable.   For a Patent Cooperation Treaty (PCT) ASPEC request, the Patent Applicant is required to indicate that the request is for PCT ASPEC in the ASPEC form. The completed ASPEC request form shall be submitted together with the following documents:   a copy of the written opinion international preliminary examination report (WO/ISA, WO/IPEA or IPER) established by an ASEAN International Searching Authority or International Preliminary Examining Authority (ASEAN ISA/IPEA) (‘minimum documents’) relating to a corresponding application from the first IP Office, and a copy of the claims referred to in the minimum documents submitted, with at least one claim determined by the jrst IP office to be allowable or patentable.   The request to utilise ASPEC can only be done after the application has finished the publication stage. Based on our experience, the time it takes from filing the ASPEC request until the issuance of the decision to grant will not be more than 12 months – a great improvement in lead or pendency times compared to the processing time for non-ASPEC (or PPH) Patent Applications in Indonesia.   Indonesia – Japan Patent Prosecution Highway (Indonesia-Japan PPH)   The Japan Patent Office (JPO) and the DGIP initiated a Patent Prosecution Highway Program (PPH) on 1 June 2013, and since then, the PPH has been chosen by many applicants who have previously filed their base applications in Japan as the method of accelerating the Patent Applications in Indonesia. The PPH request can be filed at any time as long as it is before the deadline to request the substantive examination stage. There will be an official fee of 5 million rupiahs incurred for requesting the PPH acceleration programme.   When it comes to the requirements, the DGIP will require the applicant to provide the following documents to start an accelerated examination process: all formality documents required to file the application have been submitted and the notice of formality documents completion issued by the DGIP; proof of payment to file a substantive examination request; the application should have passed the publication period of six months; completed PPH form; corresponding claims that should be equivalent or less compared to the claims granted by the…

Indonesia Adopts International Treaty for the Protection of Intellectual Property, Genetic Resources, and Traditional Knowledge - AFFA IPR

Indonesia Adopts International Treaty for the Protection of Intellectual Property, Genetic Resources, and Traditional Knowledge

Intellectual Property

After 11 days of intensive negotiations, the International Diplomatic Conference at the World Intellectual Property Organization (WIPO) Headquarters in Geneva, Switzerland, on May 24th, agreed on and adopted the International Treaty on the Protection of Intellectual Property, Genetic Resources, and Associated Traditional Knowledge. This is the first WIPO Treaty to address the interface between Intellectual Property, Genetic Resources, and Traditional Knowledge, and it is also the first to include provisions specifically for Indigenous Peoples and Local Communities.   The final round of negotiations, attended by 193 representatives of WIPO member states, Indigenous People, and Local Communities, also agreed on a new international law on transparency and protection of the global Patent system.   By definition and scope, Genetic Resources are contained in, for example, medicinal plants, agricultural crops, and animal breeds. While Genetic Resources themselves cannot be directly protected as Intellectual Property, inventions developed using them can, most often through a Patent. Some Genetic Resources are also associated with Traditional Knowledge through their use and conservation by Indigenous Peoples as well as local communities, often over generations. This knowledge is sometimes used in scientific research and, as such, may contribute to the development of a protected invention.   With this treaty, Indonesia and countries that own Intellectual Property, Genetic Resources, and Traditional Knowledge will gain several significant benefits as follows:   Transparency The global Patent system will experience increased transparency with the obligation of each country to disclose Patents globally. The Enactment of Sanctions Mechanisms The protection of Genetic Resources and Traditional Knowledge will be enhanced by imposing adequate sanctions. The Creation of Global Standards The treaty will promote standardization and harmonization of global regulations. Protection of Local Wisdom The treaty opens up opportunities to advance other issues related to traditional knowledge and traditional cultural expression.   The Treaty itself will be signed at the 65th WIPO General Assemblies in July. After the Diplomatic Conference in May, Indonesia signed the Final Act, a non-binding document serving as a record of the proceedings. However, signing the Treaty will not immediately lead to ratification or accession to this Treaty. It would have to go through internal processes with all the stakeholders in Indonesia, such as the Directorate General of Intellectual Property (DGIP), the Ministry of Law and Human Rights, and the House of Representatives.    Should you need more information about IP protection in Indonesia or abroad, don’t hesitate to contact us at [email protected].   Source: Ministry of Foreign Affairs of the Republic of Indonesia World Intellectual Property Organization (WIPO)

FAQs: Patent Licensing in Indonesia - AFFA IPR

Frequently Asked Questions about Patent Licensing in Indonesia

Patent, Intellectual Property

Voluntary Licensing Q: Are they any restrictions on the contractual terms by which a Patent Owner may license a Patent?   A: Several minimum requirements should be met. A licence agreement should contain: the date, month, year and place where the licence agreement was signed; name and address of the licensor and the licensee; the object of the licence agreement; provisions regarding the exclusivity or non-exclusivity of the licence, including sub-licensing; the term of the licence agreement; the area where the license agreement applies; and the party responsible for paying annual fees for the Patent (see Government Regulation No. 36 Year 2018 on Intellectual Property License Agreement Recordal). If either the licensor or licensee resides outside of Indonesia or are foreign nationals, the application for recording the licence agreement must be submitted through a registered IP consultant.   The licence agreement should be recorded before the Patent Office in order to have a binding legal effect to any third party.   Compulsory licences Q: Are any mechanisms available to obtain a compulsory licence to a patent? How are the terms of such a licence determined?   A: Compulsory licences can be requested if a Registered Patent has not been used or worked in Indonesia within 36 months (three years) of registration. Other conditions that allow compulsory licensing include the implementation of a Registered Patent would be in the public interest, and it is not possible to obtain a licence to implement a Patent.   Note that there are previous steps that need to be shown to obtain a compulsory licence. The applicants must show evidence that they intend to use the Patent based on their capability, and that attempts were made to contact the patent holder to obtain a licence for a maximum of 12 months but a favourable response was not received. The Ministry should also be in agreement that the patent can be performed in Indonesia on an economically feasible scale and provide benefits to society.    See Regulation of the Minister of Law and Human Rights No. 30 of 2019 on Procedures for the Granting of Compulsory Patent Licensing, which later has been replaced by the Regulation of the Minister of Law and Human Rights No. 14 Year 2021 on the Amendment to the Minister of Law and Human Rights No. 30 of 2019 on Procedures for the Granting of Compulsory Patent Licensing. Should you need more information regarding Patent Licensing in Indonesia, please do not hesitate to contact us via [email protected].

Recommended Representation of FIgures for Industrial Deisgn Applications in Indonesia - AFFA IPR

Recommended Representation of Figures for Industrial Design Applications in Indonesia

Intellectual Property, Industrial Design

Indonesian awareness of the importance of protecting Industrial Design has continued to increase in the last five years. This can be seen from the significantly increasing number of Industrial Design registrations. From 2,319 applications in 2017, it grew to 2,835 in 2019, jumped again to 2,957 in 2021, and peaked in 2022 with 3,533 applications.   The Directorate General of Intellectual Property (DGIP), the Industrial Design Office in Indonesia, has also proposed changes to the Industrial Design Law to remain relevant to the latest creations and innovations. However, when submitting an Industrial Design application, at least 8 (eight) recommended representations of figures for Industrial stay the same, and you must follow them. Those recommendations are:   Do not combine different features or colors in the same design. The design must be represented on a neutral background. Do not include extra elements that are not part of the design. Each image must have only one view of the design, namely front, back, top, bottom, left, right and perspective view. Magnified views must be uploaded as separate images. To exclude unregistered elements, disclaim them identically in all views. Disassembled product views require a corresponding assembled view. To protect a 2D ornament/pattern, submit it alone, not on a product. Should you have further questions about registering for Industrial Design in Indonesia or abroad, do not hesitate to email us at [email protected].

FAQs: Patent Remedies in Indonesia - AFFA IPR

Frequently Asked Questions about Patent Remedies in Indonesia

Patent, Intellectual Property

Monetary Remedies for Infringement Q: What monetary remedies are available against a Patent infringer? When do damages start to accrue? Do damage awards tend to be nominal, provide fair compensation, or be punitive? How are royalties calculated?   A: All laws about Intellectual Property assets allow the infringed to seek damages through the Court of Commerce. However, there is no known formula for determining the damages to be awarded. When seeking damages, the plaintiff considers the combination of material loss and immaterial loss. The latter often has a significantly higher amount. Still, we have not seen any landmark cases where the Court of Commerce awards the plaintiff with the total sought damages based on material and immaterial loss.   The compensation shall be given based on a final and binding decision of a civil or criminal court.   Injunctions Against Infringement Q: To what extent can a temporary injunction or a final injunction against future infringement be obtained? Is an injunction effective against the infringer’s suppliers or customers?   A: Regarding injunctions, the Patent Law allows the rights holder to request a provisional injunction to stop the entry and circulation of infringing items, secure or confine them, and avoid greater losses.   The injunction petition shall be filed before the Court of Commerce.   Banning Importation of Infringing Products Q: To what extent is it possible to block the importation of infringing products into the country? Is there a specific tribunal or proceeding available to accomplish this?   A: Banning the importation of infringing products is only practically possible if it is related to Trademark or Copyright infringement, which can be done by filing a Customs IP Recordal Application before the Indonesian Customs and Excise. Even then, it is only possible if the rights holder is an Indonesian individual or holds a share in an Indonesian company.   Attorneys’ Fees Q: Under what conditions can a successful litigant recover costs and attorneys’ fees?   A: Attorney’s fees shall be borne by the party that receives legal services from the entrusted attorney. Hence, seeking compensation from the other party for the legal fees already incurred by the claimant or plaintiff will not be possible.   Wilful Infringement Q: Are additional remedies available against a deliberate or wilful infringer? If so, what is the test or standard to determine whether the infringement is deliberate? Are opinions of counsel used as a defense to a charge of wilful infringement?   A: There are no additional remedies available against deliberate or wilful infringement. The Patent Law does not specify the threshold level that constitutes wilful or intentional infringement. The Patent Law only states that without a patent holder’s permission, it is prohibited to make, use, sell, import, rent, deliver, or provide any patented product for sale or rent. Additionally, using a patented process to make a product or taking other actions, as mentioned above, is prohibited without the patent holder’s permission. In summary, this provision sets out the exclusive rights of a patent holder. It prohibits others from using, selling, or making the patented product or process without permission (see Article 160 of the Patent Law).   The Limits for Lawsuits Q: What is the time limit for seeking a remedy for Patent infringement?   A: The Patent Law does not regulate any specific time limit for filing a Patent infringement or compensation claim. As long as the Patent is still registered, the holder has the right to enforce it.   Patent Marking Q: Must a Patent holder mark its patented products? If so, how must the marking be made? What are the consequences of failure to mark? What are the implications of false Patent marking?   A: The Patent Law does not regulate the obligation concerning Patent marking.   Should you need more information regarding Patent Remedies in Indonesia, please do not hesitate to contact us via [email protected].

Indonesia's Copyright Dilemma: When Good Intentions Pave the Way to (Unintended) Infringement - AFFA IPR

Indonesia’s Copyright Dilemma: When Good Intentions Pave the Way to (Unintended) Infringement

Copyright1 Comment

Viral on Social Media about how the family of the late proclaimer of the Republic of Indonesia, Bung Hatta, objected to his speeches, which had been released in book form, being digitized and distributed free to the public by a public official for educational reasons and not for commercial purposes. Why might the family raise objections? Were any laws violated?   Suppose you have several classic books published before 1960, which contain a collection of speeches by Bung Hatta (who died on March 14, 1980), and you have done research that the publisher is no longer there. Then, it doesn’t mean you can transform the creation; in this case, make a digital version and share it for free without permission from the heirs.   Article 40 of the Copyright Law recognizes a book and a lecture/speech as protected works. Most of these books contain Bung Hatta’s speeches, not as the first Vice President of the Republic of Indonesia but as a person who gave speeches on various occasions. So, the assumption that the speech is not protected by Copyright falls.   Specifically, the Copyright Law regulates Moral and Economic Rights, which are creators’ Exclusive Rights. In this case, Bung Hatta gets Moral Rights without time limits and Economic Rights for up to 70 years after his death. If we calculate that Bung Hatta died in 1980, his Economic Rights will still be valid for 70 years starting January 1 of the following year (1981) and will only end in December 2050.   Sanctions for Transformation & Distribution of Works Without Permission   Transforming activities are considered a different Copyright violation than the distribution of works. So parties who create a digital version of a book and share the link without permission can be subject to two articles at once, namely the Copyright Law Article 113 Paragraphs (2) and (3): a maximum imprisonment of 3 (three) years and/or a maximum fine of IDR 500,000,000.00 (five hundred million rupiah) for transforming without permission; And a maximum prison sentence of 4 (four) years and/or a maximum fine of IDR 1,000,000,000.00 (one billion rupiah) for distribution without permission.   But what if you argue that you’re doing it for free?   For educational reasons and not charging fees by distributing it for free, you could say that this activity does not harm the reasonable interests of the Creator, known as the term “Fair Use.” However, it would be best to remember that Fair Use does not look at elements of commercialization. As long as the Copyright holder objects, you can be considered violating Copyright.   The basis is stated in the Explanation of Article 44 paragraph (1) letter a of the Copyright Law, which states “Reasonable Interests of the Creator or Copyright Holder” are interests based on balance in enjoying the economic benefits of a Creation, and it is proven that Bung Hatta’s family has submitted object.   Reasons for Bung Hatta’s Family to Object   In their statement via social media X (Twitter) on June 9, 2024, the family of Halida Hatta, Bung Hatta’s youngest daughter, expressed disappointment from Bung Hatta’s heirs over the piracy of Bung Hatta’s writing, which was shared on social media X. In another statement, the heir reminded us that even though the post was taken down, it can still be prosecuted legally.   The heirs stated that since 1988, Meutia Farida Hatta, the first daughter of Bung Hatta, together with the publisher LP3ES, have collected his works, up to 9 (nine) volumes, so that his writings do not disappear and can be accessed by the public, both by purchasing the physical book in a bookstore or online, or accessing it for free at the National Library.   In their follow-up statement, the heir stated that Bung Hatta’s family had followed the Copyright Memoir, which were published in 1978 by the publisher Tinta Mas before being republished by the publisher Gramedia and then collected and republished by LP3ES. The family does not intend to share or publish it themselves because they are paying respect to the Economic Rights of each publisher. And for now, all of Bung Hatta’s works can be purchased officially at the LP3ES Book Gallery.   Therefore, if you have good intentions to share educational information from a book, especially if you want to share the entire contents of the book for free, the most important thing you have to do is contact the heirs of the Creator. This is because you will get legal information about a work. For example, who is also the Copyright holder for the work, whether it can still be obtained legally, or when the Copyright protection period ends?   So don’t assume that non-commercial actions you carry out without permission will not have legal consequences. The Copyright Law guarantees that Moral and Economic rights are the Exclusive Rights of the Creator and his heirs until the work falls into the Public Domain.   You might also want to read: Demystifying the Public Domain: Permissions and Limitations Should you need further information regarding Copyright and Intellectual Property protection in Indonesia or abroad, do not hesitate to contact us via email: [email protected].

IP Infringement Risks - Is Building Replicas of Classic Cars One of Them? AFFA IPR

IP Infringement Risks – Is Building Replicas of Classic Cars One of Them?

Patent, Intellectual Property, Trademark, Industrial Design

Owning a rare classic car, even at a high price, can be a source of pride. What’s unique is that several classic cars, such as the Porsche 911, Shelby Cobra 427, and Ford Mustang GT500, which are widely used by Indonesian celebrities, are local manufacturers, aka custom or modified results from different cars. How is this practice viewed from an Intellectual Property law perspective?   In the production of vehicles, or in this case specifically four-wheeled cars, there are at least three categories of Intellectual Property (IP) related to it, namely Trademarks, Industrial Designs, and Patents. Let’s describe the details one by one.   Car Name & Logo are the Exclusive Rights of the Trademark Owner   According to the Trademark Law, a Trademark is a sign in the form of an image, name, word, letters, numbers, color arrangement, or a combination of these elements, which has distinguishing power and is used in trading activities for goods or services. The names and logos of well-known cars such as Porche, Shelby Cobra, and Ford Mustang are the property of Porche AG, Carroll Hall Shelby Trust, and Ford Motor Company, respectively. These Trademarks have been registered and recognized as well-known marks and are protected in many countries, including Indonesia.   The trademark’s ownership and protection are valid for ten years and can be extended. Therefore, there is very little chance for you to own or commercialize this Trademark in Indonesia without establishing official cooperation with the Trademark owner or its official distributor in Indonesia.   Regarding the use of Trademarks without permission, Article 100, paragraphs (1) and (2) of the Trademark Law clearly states, “Every person who without right uses a Trademark which is completely the same as a registered Trademark belonging to another party for similar goods and/or services which produced and/or traded, shall be punished with imprisonment for a maximum of 5 years and/or a fine of a maximum of IDR 2 billion.”   Industrial Design – Aesthetic External Appearance Protection   Another IP that is closely related to cars is Industrial Design. According to its definition, Industrial Design is the creation of a form of configuration, or composition of lines or colors, or lines and colors, or a combination thereof in a three-dimensional or two-dimensional form which gives an aesthetic impression and can be realized in three-dimensional or two-dimensional patterns and can be used to produce a product, industrial commodity, or handicraft.   Industrial Design protects the appearance of the car’s external design, whether as a whole or just in part, such as the design of the front bumper, rear bumper, rim shape, or even the threads of the tires. Industrial design can also protect the appearance of the dashboard, steering wheel, chair shape, and even the design of the pedal brake clutch, as well as the gear shift lever. Several Industrial Designs registered by Porche AG Source: Word Intellectual Property Office (WIPO)   As an Intellectual Property, Industrial Designs have a protection period of 10 years and cannot be extended. So, legally, you can use an expired design without getting approval from the owner. However, suppose you use a design that is still protected. In that case, Article 54 of the Industrial Design Law states that a maximum prison sentence of four years and/or a maximum fine of IDR 300,000,000.00 (three hundred million rupiah) awaits you.   Patent & Cars Innovations   Patents are another category of IP that can be contained in a car. If Industrial Design concerns an aesthetic external appearance, then a Patent only covers certain parts that include innovations in the field of technology. For example, braking sensor systems, light automation, or airbag systems are all protected Patents, and anyone who wants to use them must pay royalties to the Patent owner.   And if there is a violation or use of a Patent without permission, Article 161 of the Patent Law states that each person can be punished with imprisonment for a maximum of four years and/or a fine of a maximum of IDR 1,000,000,000 (one billion rupiah). Meanwhile, criminal sanctions, as regulated in Article 162 of the Patent Law for violations of Simple Patents, are imprisonment for a maximum of 2 (two) years and/or a fine of a maximum of IDR 500,000,000 (five hundred million rupiah).   If we are talking about modified cars, most of the technology contained in the original car will not be available. Firstly, because it is technically incapable of adopting the technology; secondly, it does not obtain a license for the Patent. That’s where modified cars become technically unsafe products because of a technological imbalance in their manufacture.   Legal Solution: Original Car Modification   Although since 25 September 2023, the Minister of Transportation of the Republic of Indonesia has promulgated Ministerial Regulation Number PM-45 of 2023 concerning Vehicles Customization, this regulation only regulates technical requirements regarding how modifications can and cannot be carried out so that the car is roadworthy, and provides a sense of security to users, as well as the requirements for a modification workshop to apply for a certificate, without touching on the Intellectual Property side.   Article 1 of Ministerial Regulation No. PM-45 of 2023 clearly states that modification or customization of motorized vehicles includes changes to the axle distance, construction, and/or materials, as well as changing the engine brand and engine type of a motorized vehicle for one’s benefit or individual.   However, it should be noted that customization by order by a custom workshop for one’s own or individual interests, if there is an Intellectual Property violation in it, is still at risk of receiving a complaint from the owner of the Trademark, Industrial Design and/or Patent, and may be subject to criminal sanctions as stated in each article of Intellectual Property law applicable in Indonesia.   For this reason, several legal practices widely implemented worldwide focus on making their own modified cars. An example of this is done by Mitsuoka Motor, a Japanese modification company that changes Japanese-manufactured…