Top 3 Mistakes Foreigners Make When Filing Industrial Designs in Indonesia - AFFA IPR

Top 3 Mistakes Foreigners Make When Filing Industrial Designs in Indonesia

Intellectual Property, Industrial Design

Filing an Industrial Design in Indonesia may look simple, but even small missteps can lead to rejection—or worse, invalidate your rights after registration. For foreign applicants entering the Indonesian market, understanding what not to do is just as important as knowing the process.   Here are the top three mistakes we see most often—and how to avoid them:   Submitting Low-Quality or Blurry Images In Indonesia, clear and precise visual representation is the foundation of your Industrial Design protection. The Directorate General of Intellectual Property (DGIP) requires at least seven views of your design—front, back, left, right, top, bottom, and perspective. If the images are pixelated, low-resolution, or fail to reflect the design’s features accurately, your application will likely be rejected. Tip: Use high-resolution, black-and-white line drawings with no background noise. Avoid shadows, gradients, or photographic textures. Your images must clearly define the form, not confuse it. Including Functional Features in the Design Indonesia protects the appearance, not the function, of a product. If your design focuses on aspects driven purely by function (e.g., grooves, openings, or mechanisms necessary for the item to work), it may fall outside the scope of Industrial Design protection. The DGIP strictly excludes any design elements that are dictated solely by function. Including such elements can lead to rejection or later invalidation if challenged. Tip: Before filing, ask yourself: “Could this shape be different and still work the same?” If the answer is no, that feature likely won’t qualify. Filing After Public Disclosure—Without Knowing the Grace Period Rules Many foreign applicants mistakenly believe that any public disclosure automatically voids their ability to protect a design in Indonesia. While Indonesia does have strict novelty requirements, the law also provides a 6-month grace period for certain types of disclosures. Under Indonesian law, a design is considered novel only if it has not been made available to the public anywhere in the world before the filing or priority date. However, there are two exceptions: If the design was displayed at a nationally or internationally recognized exhibition, or If the design was disclosed by the designer themselves for education, research, or development purposes. In these cases, you still have up to 6 months to file your application without losing novelty. Tip: If you’ve already shown your design to the public, act fast. Check whether your situation qualifies for the grace period and file within six months—or risk permanent loss of rights.   Clean Up Your Designs Before You File   With rising interest in Indonesian design protection from global brands, getting it right the first time matters more than ever. A rejected or invalidated design not only costs time and money—it can expose your product to copycats in Southeast Asia’s biggest market.   Need help filing your design in Indonesia? Book a free 15-minute call with a registered Industrial Design consultant and ensure your design meets all local requirements:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Not Just Batik: Why Industrial Design is the Hidden Gem of IP in Indonesia - AFFA IPR

Not Just Batik: Why Industrial Design is the Hidden Gem of IP in Indonesia

Intellectual Property, Industrial Design

When people think about Intellectual Property (IP) in Indonesia, their minds often go straight to Batik—a traditional cultural expression protected under Copyright. But beyond the cultural spotlight lies a vastly underappreciated and highly strategic asset in IP: Industrial Design.   Despite its growing importance, Industrial Design protection in Indonesia remains largely overlooked by creators, businesses, and even international investors. That’s a major missed opportunity, especially considering Indonesia’s growing importance in global trade and IP.   Industrial Design: More Than Just Aesthetic Appeal   An Industrial Design protects the visual appearance of a product—its shape, pattern, lines, contours, colors, or any combination thereof. It’s not about functionality, but about form. If you’ve created a distinctive bottle shape, a shoe silhouette, a furniture design, or unique packaging, it may qualify for protection under Industrial Design law.   In today’s consumer-driven world, where visual differentiation drives value, protecting these design elements is crucial.   The Untold Fact: Indonesia Is Quietly Active   Indonesia is not a passive player in industrial design. Since 2017, the country has consistently recorded over 2,000 industrial design applications annually, reflecting a healthy and growing awareness of design protection.   In fact, by 2022, filings reached a record high of 3,533 applications, indicating rising activity from both domestic and foreign applicants. This trend highlights how businesses are starting to treat design not just as an aesthetic enhancement, but as a strategic asset worth securing in Indonesia.   Foreign filings have also increased steadily, signaling that Indonesia is gaining global recognition not only as a major consumer market but also as a jurisdiction with valuable IP infrastructure.   Why Indonesia Attracts Design Filings   One reason behind the steady interest in Indonesia’s Industrial Design system is its clear and straightforward protection regime. An industrial design in Indonesia is protected for a fixed term of 10 years from the filing date, without the need for renewals. While this duration is standard compared to many jurisdictions, it offers legal certainty for businesses during a product’s most commercially active years.   Combined with Indonesia’s growing consumer market and increasing awareness of IP enforcement, this makes the country an attractive destination for securing design rights, especially for fast-moving consumer goods, packaging, and lifestyle products.   When Copyright Is Not Enough   Creators in Indonesia often wonder whether their work should be protected under Copyright or Industrial Design. The distinction can be subtle but important.   Take Batik motifs used in modern fashion products as an example. While the motif itself may be protected by Copyright, if it’s applied to mass-produced products and serves a commercial, aesthetic function, Industrial Design registration might provide stronger and more enforceable protection.   The same applies to everyday consumer items: phone cases, kitchenware, footwear, automotive parts, or cosmetic packaging—if it looks unique, it should be protected.   Securing Design in Southeast Asia’s Largest Market   With over 270 million people, Indonesia is Southeast Asia’s largest consumer market. Any successful product design that hits the market is bound to be imitated. Without proper protection, you risk losing your product’s most valuable differentiator—its visual identity.   Registering your Industrial Design gives you exclusive rights to prevent others from using, selling, or reproducing the same or similar designs. It also provides a solid legal foundation for enforcement in case of infringement.   If you’re expanding into Southeast Asia and want to secure your product’s visual identity in one of its most dynamic markets, Industrial Design protection in Indonesia is a smart first step.   Book a free 15-minute call with a registered Industrial Design consultant:   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Indonesia Sets New Record for Madrid Protocol Trademark Filings in 2024 - AFFA IPR

Indonesia Sets New Record for Madrid Protocol Trademark Filings in 2024

Intellectual Property, Trademark

The use of the Madrid System — the international Trademark registration system administered by WIPO — continued to show positive growth globally throughout 2024. Indonesia has also become an important part of this growth, both as a designated country and as a country of origin for international trademark applications.   Throughout 2024, Indonesia received 8,678 international designations under the Madrid System. This means that thousands of global Trademark owners are now targeting Indonesia to secure exclusive rights in this strategically important domestic market. Compared to the previous year, designations to Indonesia increased by +10.3%, marking significant growth in the Southeast Asian region. Indonesia even entered the Top 20 destinations!   Together with Vietnam (+11.2%), Thailand (+11%), and Malaysia (+9.3%), Indonesia ranked among the countries with the highest growth in Trademark protection demand under the Madrid System in 2024. This reflects the global market’s growing confidence in Indonesia’s economic potential and the increasing importance of Trademark protection in the country. Outbound Trademark Applications from Indonesia Also on the Rise   Not only has Indonesia become more attractive to foreign applicants, but Indonesian Trademark owners are also increasingly utilizing the Madrid System to secure protection in multiple jurisdictions. In 2024, 113 Madrid applications were filed by applicants based in Indonesia, representing a 13% increase compared to the previous year.   This growth indicates rising awareness among Indonesian businesses — from SMEs to large corporations — of the importance of securing Trademark rights internationally at an early stage of business expansion. Strong Trademark protection in export destination countries has now become an integral part of the global business strategy for Indonesian companies. AFFA Intellectual Property Rights Handles 10% of Madrid Applications from Indonesia   Of these 113 outbound filings, approximately 10% were handled by AFFA Intellectual Property Rights, a registered Trademark consultant with an extensive international network.   With experience managing Madrid filings across major jurisdictions — including the United States, European Union, Japan, China, ASEAN, the Middle East, and Africa — AFFA IPR remains committed to being a strategic partner for Indonesian businesses expanding their international Trademark protection.   Read also: Trademark Registration Procedure in Bali   Should you need more information about filing Trademark applications designating Indonesia via the Madrid Protocol, please contact us at [email protected].   Source: WIPO Madrid Yearly Review 2025

Indonesia Has a ‘First-to-File’ System. Here’s What That Really Means - AFFA IPR

Indonesia Has a ‘First-to-File’ System. Here’s What That Really Means…

Intellectual Property, Trademark

In Indonesia, Trademark rights belong to the party that files first, not necessarily to the party that used the mark first. This system is similar to many jurisdictions that adopt the first-to-file principle, although some countries, such as the United States, recognize first use.   This creates serious risks, especially for foreign brand owners who enter the market through local distributors or partners. In many cases, these local parties may file your Trademark under their own name, either as leverage or as a bad-faith attempt to block your market entry.   While Indonesia allows legal actions to challenge bad-faith filings, these processes can be costly, time-consuming, and uncertain. The best strategy remains simple and preventive: file your Trademark as early as possible — ideally before entering the market or appointing any local partners.   Want to stop your competitors or squatters from beating you to it? Book a free 15-minute call, and we will help you secure your Trademarks before anyone else does.   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Why You Should File Your Trademark in Bahasa Indonesia? - AFFA IPR

Why You Should File Your Trademark in Bahasa Indonesia?

Intellectual Property, Trademark

When you file your Trademark in a foreign country like Indonesia, the risk is not always direct copying. Often, local squatters will translate, transliterate, or adapt your Trademark into “Bahasa Indonesia” (Indonesian language) to create a confusingly similar version that still attracts your market, but is still conceptually similar or identical.   Indonesia’s Trademark Law recognizes both identical and confusingly similar marks as potential infringements. However, if you only file your Trademark in its original foreign language, it may leave the door open for others to secure rights over its Bahasa Indonesia version.   For instance, you have filed a Trademark for “ROSE” in Class 3 covering cosmetics. However, another party still has a chance to secure registration for “MAWAR” (the Indonesian translation of Rose) in the same class if the examiner is not careful enough to check conceptual similarity with your Trademark.   By filing your Trademark in Bahasa Indonesia from the start, you lock in both versions of your brand identity, making it much harder for local copycats to exploit translation loopholes.   Book a free 15-minute call, and we will help you protect both the original and local versions of your Trademarks in Indonesia — before someone else does.   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812 ? WhatsApp : +62 812 87000 889

Collaborative Search and Examination (CS&E) between IPOS and DGIP - AFFA IPR

Collaborative Search and Examination (CS&E) between IPOS and DGIP

Patent, Intellectual Property

For innovators and Patent Holders seeking faster and higher-quality Patent prosecution, the Collaborative Search & Examination (CS&E) program offers a promising opportunity. A first in ASEAN, the IP Offices of Singapore and Indonesia have committed to accelerating the search and examination processes for the applicants who file Patents in both countries. The program was launched on January 2, 2025, for an initial period of two years. It is unclear whether this will be extended for now.   What Is CS&E?   CS&E is an international pilot initiative where participating Patent offices, such as those in Singapore (Intellectual Property Office of Singapore) and Indonesia (Directorate General of Intellectual Property), conduct joint searches and examinations on the same PCT (Patent Cooperation Treaty) application.   The result is a unified search and examination report that reflects insights from multiple jurisdictions, saving time, avoiding duplication, and improving quality.   Indonesia’s Role in CS&E   According to IPOS, Indonesia’s DGIP and IPOS share a combined quota for CS&E applications: Cap per year: 10 (shared by DGIP and IPOS) Cap per month: 1 (rollover allowed, up to max 2) Cap per applicant: 1 per month   This means that if you are entering the Indonesian national phase via PCT, and your application qualifies for CS&E, the DGIP may collaborate with IPOS to produce a joint search report, potentially accelerating your prosecution process.   Eligibility   Applicants who wish to take advantage of this program must meet the following criteria:   Appointment of local representative/address (i.e. registered IP agent/attorney). The application should contain 20 or fewer claims, including three or fewer independent claims. Adherence to the CS&E volume limit.   Key Features   Complimentary CS&E Request until 1 January 2027, but the fees for filing, search and examination should still be paid. Enhanced Prior Art Search and Examination Results.   How Can Applicants Benefit from CS&E in Indonesia or Singapore?   Accelerated First Office Action within 10 months. Prioritised Examination. Deferred Translation and Official Costs for Filing and/or Search and Examination.   You may request CS&E through IPOS or DGIP if: Your PCT application designates Indonesia and Singapore. You are within the quota (as above). You wish to leverage a unified search/exam result for faster decisions.   Want to explore CS&E or other Patent acceleration strategies in Indonesia? Contact us to book a free 15-minute consultation with our Patent Attorneys: ? E-Mail : [email protected] ? Book a Call : +62 21 83793812   Source: IPOS – Collaborative Search and Examination Programme Factsheet

PCT National Phase in Indonesia: Is the 31-Month Deadline a Hard Deadline? - AFFA IPR

PCT National Phase in Indonesia: Is the 31-Month Deadline a Hard Deadline?

Patent, Intellectual Property

If you are eyeing Indonesia for your PCT National Phase entry, you have likely heard about the 31-month rule, which is calculated from the earliest priority date.   But here is  the key question: “Miss the deadline — and you’re out?”   The answer is: Not necessarily.   Unlike some jurisdictions, Indonesia offers a second chance. The Directorate General of Intellectual Property (DGIP) accepts late entry, up to 12 months after the 31-month deadline, provided: You pay an additional official fee, and Submit a written explanation justifying the delay.   This flexibility helps businesses avoid losing rights over paperwork or timing errors, but the longer you wait, the greater the risk.   Our advice? Don’t cut it close. However, if you really have to, be aware of your options and the extra requirements.   Need to file a late PCT national phase in Indonesia — or avoid the mistake in the first place? Please do not hesitate to contact a registered Patent Attorney in Indonesia.   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812

Trademark Oppositions: What Big Brands Are Doing Behind the Scenes - AFFA IPR

Trademark Oppositions: What Big Brands Are Doing Behind the Scenes

Intellectual Property, Trademark

In Indonesia, the Trademark opposition window is only 2 months, but don’t let that short timeline fool you. For global companies and established brand owners, it’s one of the most powerful tools to block copycats before they ever reach the market.   Here’s how it works:   Every new Trademark application is published for public review for exactly two months. During this time, any party with a legal interest, especially those with prior filings in Indonesia, can oppose.   Miss this window, and your options shrink fast!   After the 2-month period, opposition is no longer possible. Your only remaining option is a court-based cancellation, which is more costly and time-consuming.   So what do big brands do?    They monitor new filings on a weekly basis and respond promptly. The goal? Stop bad-faith actors at the earliest stage, when it’s faster, cheaper, and more likely to succeed.   The catch?   To win, you usually need an existing application or registration in Indonesia. The sooner you file, the stronger your legal standing to oppose.   Want to monitor all new Trademark filings that may threaten your brand? Let us handle it.   Book a free 15-minute call, and we’ll show you how smart oppositions keep global brands safe in Indonesia.   ? E-Mail : [email protected] ? Book a Call : +62 21 83793812

Trademark Squatting in Indonesia: Real or Hype? - AFFA IPR

Trademark Squatting in Indonesia: Real or Hype?

Intellectual Property, Trademark

Spoiler: It’s real — and surprisingly common.   Trademark squatting is not just a scary headline. It frequently occurs in Indonesia, particularly in fast-moving consumer sectors such as beauty, fashion, and F&B. Both local and foreign parties rush to register brands that do not actually belong to them, hoping to profit when the rightful owner enters the market.   But here is the good news:  Most squatters lose — if challenged strategically and in time.   However, this requires you to complete your “homework” before we can fight the squatter before the Court of Commerce in Indonesia, such as:   At least 5 Trademark registrations filed overseas before the squatter(s) filed the same Mark in Indonesia. The more registrations there is, the better. Evidence of use overseas by your company. If possible, any leads or evidence that suggest the squatter(s) had past interactions with your company (i.e., asking for license or distribution rights).   Indonesia’s Trademark Law allows oppositions at the Trademark Office stage and cancellations based on bad faith at the Court of Commerce stage. However, cautions and preparations are needed before you can pursue your rights in this case.   Avoid the squat trap, email or book a free 15-minute call with us — let’s make sure your Trademark stays yours!   ? E-Mail: [email protected] ? Book a Call: +62 21 83793812

How to Pay Patent Annuity Fees in Indonesia if the Patent Owner is a Foreign Individual or Entity? - AFFA IPR

How to Pay Patent Annuity Fees in Indonesia if the Patent Owner is a Foreign Individual or Entity?

Patent, Intellectual Property

For foreign Patent owners—whether individuals or entities—navigating Patent Annuity payments in Indonesia requires careful attention to local legal requirements. Under the latest Indonesian Patent Law (Law No. 65 of 2024), foreign applicants or Patent Holders are not permitted to interact directly with the Directorate General of Intellectual Property (DGIP) for official filings, including Annuity Payments. Instead, they are legally required to appoint a registered Intellectual Property Consultant as their proxy.   Legal Basis: Article 28 of Law No. 65 of 2024   “An Application filed by an Applicant who does not reside or does not have permanent domicile in the territory of the Republic of Indonesia must be filed by his/her Proxy. The Applicant, as referred to in Paragraph (1), is required to state and select the address of the Attorney as the legal domicile in Indonesia.”   This provision applies not only to initial Patent filings but also to any subsequent procedures related to the Patent—including annuity payments.   Why Is a Local Proxy Mandatory?   The purpose of requiring a legal representative within Indonesia is to avoid complications in service due to geographic distance and travel time. As stated in the explanation of the Law:   “The appointment of power of attorney and legal domicile in Indonesia aims to not complicate services due to distance and travel time.”   In practice, this means that even if a foreign Patent Holder wishes to make timely Annuity Payments, such payments will not be accepted by the DGIP unless submitted through a registered local proxy.   What Happens If a Foreign Patent Owner Pays Without a Local Proxy?   Without a legally appointed Indonesian Intellectual Property Consultant, the payment is considered invalid. This could result in: Rejection of the Annuity Payment by the DGIP; Legal status of the Patent becoming vulnerable, especially if deadlines are missed as a result; Loss of Patent Rights if annuity obligations are not fulfilled properly through the designated channels.   How to Appoint a Local Proxy?   To comply with Indonesian law, foreign individuals or entities must: Sign a Power of Attorney (PoA) authorizing a registered Indonesian IP Consultant; Provide the necessary details for the Consultant to act as legal proxy and domicile; Work with the Consultant to monitor and schedule annuity payments according to Indonesian regulations.   If you’re a foreign Patent Owner, it is not just a matter of convenience but a legal obligation to appoint a registered Indonesian IP Consultant to handle your Patent Annuity fees. Doing so ensures compliance, avoids unnecessary risks, and maintains the enforceability of your patent in Indonesia. Should you need more information about your annuity payments in Indonesia, feel free to contact us at [email protected].